Articles Tagged with unsuitabile investments

shutterstock_79462060-300x225According to BrokerCheck records kept by the Financial Industry Regulatory Authority (FINRA), former Newbridge Securities and Allstate broker David Faline (Faline) has been subject to three customer disputes.

A customer alleged in June 2017 that Faline made unsuitable investment recommendations that resulted in losses in the customer’ account. The customer is seeking $200,000 in the pending dispute.

In February 2014, a customer alleged Cox recommended unsuitable investments, made false and misleading statements, negligently misrepresented material facts and breached his fiduciary duty. This dispute settled for $9,000.

The number of events listed on Adcock’s BrokerCheck is high relative to her peers. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must publicly disclose certain types of reportable events on their CRD including but not limited to customer complaints. In addition to disclosing client disputes brokers must divulge IRS tax liens, judgments, and criminal matters. However, FINRA’s records are not always complete according to a Wall Street Journal story that checked with 26 state regulators and found that at least 38,400 brokers had regulatory or financial red flags such as a personal bankruptcy that showed up in state records but not on BrokerCheck. More disturbing is the fact that 19,000 out of those 38,400 brokers had spotless BrokerCheck records.

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shutterstock_102217105-300x200The securities and investment lawyers of Gana LLP are investigating customer complaints filed with the Financial Industry Regulatory Authority (FINRA) against broker David James Mura (Mura). According to FINRA’s BrokerCheck records for Mura, there are at least 14 disclosures on Mura’s record including customer complaints, multiple regulatory actions, and one employment separation from Aegis Capital Corp. The customer complaints against Mira allege securities law violations that claim unsuitable investments, excessive trading or “churning”, negligence, and breach of fiduciary duty.

The most recent customer complaint against Mura was in August 2014, alleging unsuitable investments, negligence, breach of fiduciary duty, and breach of contract. This claim occurring during Mura’s employment at J.P. Turner & Company. The customer alleged losses of $268,000.00 and the claim settled for the amount of $55,000.00.

In July 2013, another customer complaint was filed with FINRA alleging that Mura of unsuitable investments in private placement exchange-traded funds, negligence, breach of fiduciary duty, and breach of contract. The statement of claim did not specify an amount and the settled for $1,100,000.00.

shutterstock_95416924-300x225The securities lawyers of Gana LLP are investigating customer complaints filed with Financial Industry Regulatory Authority (FINRA) against broker Tracy Rae Turner (Turner). According to BrokerCheck records, Turner has been subject to at least 31 customer complaints, two employment separations for cause, one regulatory, and one financial among other claims during his 22 years of experience. The customer complaints against Turner alleges securities law violations that including unauthorized trading, fraud, breach of contract, negligence, and failure to supervise among other claims.

In a FINRA regulatory action against Turner in November 2016, the agency alleged that he offered and sold interests to investors totaling approximately $4.1 million without giving prior notice to and receiving prior written permission from his member firm. For successfully soliciting these investments, Turner received approximately $270,000 in compensation. A decision was rendered in April 2017 which resulted in barring Turner from FINRA association and fining him for $272, 879.04. The findings of the decision also alleged that Turner created a publically available offering memorandum to market sales of interest in private securities without providing a sound evaluation of investments and included false and misleading statements.

In June 2009, Turner was permitted to resign from his position at CapWest Securities, Inc. for conducting sales in states where he was not registered.

shutterstock_102217105According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker John Cholankeril Jr. (Cholankeril) has been the subject of at least six customer complaints, one employment separation, and one regulatory action. The customer complaints against Cholankeril allege that the broker made unsuitable investments, misrepresented certain mutual funds, and misrepresented auction rate securities (ARS) among other claims. In 2004, Cholankeril was terminated by PNC Investments for failing to abide by company policies. Specifically, the brokerage firm claimed that a certain mutual fund transaction was made inappropriately. In addition, in 2006, the NASD brought an action against Cholankeril alleging that the broker violated industry rules in that he made an inappropriate transaction in a mutual fund.

Cholankeril entered the securities industry in 1996. Since February 2005, Cholankeril has been associated with Chase Investment Services Corp. and after 2012, with J.P. Morgan Securities LLC.

Advisers have an obligation to deal fairly with investors and that obligation includes making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its costs, benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

The number of complaints and regulatory actions against Cholankeril is relatively large by industry standards. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must disclose different types of events, not necessarily all of which are customer complaints. These disclosures can include IRS tax liens, judgments, and even criminal matters.

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