unsuitable investment attorney Tag Archives

Gary Saccaro Has Had 16 Investor Complaints During His Career

October 25, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Gary Saccaro (Saccaro), currently employed by Paulson Investment Company LLC (Paulson Investment) has been subject to at least 16 customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Saccaro’s customer complaints alleges that Mr. Saccaro recommended unsuitable investments in various investments including allegations involving various securities, among other allegations of misconduct relating to the handling of their accounts.

In January 2012, a customer complained that Mr. Saccaro violated the securities laws by alleging that Mr. Saccaro engaged in unsuitable investment advice. The claim settled in the amount of $115,000.

In April 2004, a customer complained that Mr. Saccaro violated the securities laws by alleging that Mr. Saccaro engaged in unsuitable investment advice, breach of fiduciary duty, unauthorized trading, churning, and breach of contract. The claim settled in the amount of $50,000.

In September 2002, a customer complained that Mr. Saccaro violated both state and federal securities laws. The claim settled in the amount of $175,000.

In July 2002, a customer complained that Mr. Saccaro violated the securities laws by alleging that Mr. Saccaro engaged in unsuitable investment advice, unauthorized trading, churning, and violation of margin requirements. The claim settled in the amount of $745,000.

Advisor Doron Kochavi Has Unsuitable Investment Complaints

October 16, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Doron Kochavi (Kochavi), currently employed by Western International Securities, Inc. (Western International) has been subject to at least six customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Western International’s customer complaints allege that Mr. Kochavi recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts.

In October 2019, a customer complained that Mr. Kochavi violated the securities laws by alleging that Mr. Kochavi breached his fiduciary duty. The claim alleges $4,000,000.00 in damages and is currently pending.

In August 2002, a customer complained that Mr. Kochavi violated the securities laws by alleging that Mr. Kochavi engaged in the recommendation of unsuitable investments, breach of fiduciary duty, and a failure to disclose material information regarding the investments. Damages were granted in the amount of $35,000.

In addition, older claims also involved allegations of similar misconduct. Claims from 1997 and 1999 involved allegations that Mr. Kochavi engaged in the recommendation of unsuitable investments.

Former Morgan Stanley Advisor Ken Hutkin Terminated For Undisclosed Activities

September 15, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Kenneth Hutkin, currently employed by Wedbush Securities Inc., (Wedbush) has been subject to at least five customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Hutkin’s customer complaints allege that Hutkin recommended unsuitable investments, engaged in churning, overcharged certain corporate security debts, and engaged in unapproved outside business practices.

In February 2020, a customer complained that Hutkin violated the securities laws by alleging that Hutkin engaged in unsuitable investment advice. The claim does not specify any amount with respect to damages. However, the complaint was denied.

In September 2018, a customer complained that Hutkin violated securities laws by alleging that Hutkin engaged in unapproved outside business activities, including payments for some such activities. Hutkin was terminated by his employer, Morgan Stanley, for these allegations.

In October 2008, a customer complained that Hutkin violated securities laws by alleging that Hutkin overcharged certain corporate debt securities. The claim settled in the amount of $52,958.

In June 1993, a customer complained that Hutkin violated securities laws by alleging that Hutkin engaged in unsuitable investment advice and churning. The claim settled in the amount of $23,000.

In June 1992, a customer complained that Hutkin violated securities laws by alleging that Hutkin engaged in unsuitable investment advice and churning. The claim settled in the amount of $130,000.

Investment Adviser Joseph Teifer Accused of Making Unsuitable Recommendations

April 21, 2021 | by Staff Attorney

Investment Adviser, Joseph Teifer, currently employed at Herbert J. Sims & Co. Inc., has been subject to at least two customer complaints during the course of his career. Both complaints have recently surfaced in the past year alleging Teifer making inappropriate investments.

According to a BrokerCheck report, in April 2019, two allegations were made against Teifer for making unsuitable recommendations. Both customer disputes were closed by the firm without action being taken. The first complaint alleges inappropriateness of investments and damages of approximately $19,000 for investments made during 2017-2019. Similarly, as second complaint surfaced for similar allegations alleging damages of approximately $60,000. These complaints appear to relate to mutual fund recommendations made through David Lerner.

Brokers have an obligation to make only suitable recommendations for investments to the client. There are many investments that are not appropriate for the majority of investors or for certain investors given their risk tolerance, age, and other factors. Brokers should not present these investment options to clients. There are two screens that brokers must employ to determine whether an investment is suitable for a client. First, there must be a reasonable basis for the recommendation – meaning that the product has been investigated and due diligence conducted into the investment’s features, benefits, risks, and other relevant factors. The broker must conclude that the investment is suitable for at least some investors and some securities may be suitable for no one. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short-term goals, age, disability, income needs, or any other relevant factor.

Broker John Marshall Accused of Making Unsuitable Recommendations

April 21, 2021 | by Staff Attorney

Broker, John Marshall, currently employed at Centaurus Financial. Inc., (Centaurus) has been subject to at least two customer complaints during the course of his career. Both complaints allege Marshall of making unsuitable trading recommendations.

According to a BrokerCheck report, in September 2019, a customer alleged that from 2004 through 2019 misrepresented unsuitable investments and breached his fiduciary duty. The matter settled for $55,000. Moreover, in December 2018, another customer alleged that Marshall recommended unsuitable investments throughout the period of November 2012 through August 2018. The matter is still pending and the customer is seeking damages in the amount of approximately $336.000.

Brokers have an obligation to make only suitable recommendations for investments to the client. There are many investments that are not appropriate for the majority of investors or for certain investors given their risk tolerance, age, and other factors. Brokers should not present these investment options to clients. There are two screens that brokers must employ to determine whether an investment is suitable for a client. First, there must be a reasonable basis for the recommendation – meaning that the product has been investigated and due diligence conducted into the investment’s features, benefits, risks, and other relevant factors. The broker must conclude that the investment is suitable for at least some investors and some securities may be suitable for no one. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short-term goals, age, disability, income needs, or any other relevant factor.

Broker John Timberlake Accused of Making Unsuitable Recommendations and Failure to Supervise

April 6, 2021 | by Staff Attorney

John Timberlake (Timberlake), a previously registered broker formerly employed at Carter Terry & Company, Inc. (Carter Terry), has been subject to at least four customer complaints during the course of his career. His most recent customer complaints allege Timberlake of making unsuitable trading recommendations. Additionally, Timberlake was recently discharged from Cater Terry & Company for violating the firm’s policies.

According to a BrokerCheck report, there have been four complaints against Timberlake in the past 5 years alleging him of making unsuitable recommendations. Collectively, the allegations brought up against Timberlake have settled for over $200,000.00. In October 2019, a customer filed a complaint against Timberlake for unsuitably recommending a speculative investment strategy. This matter settled for $50,000.00. Additionally, In March 2019, a customer alleged that Timberlake failed to make suitable investments, implement a proper investment strategy and properly manage the account. This matter settled in favor of the client for $55,000.00. Similarly, in January 2016, another customer alleged Timberlake of making unsuitable recommendations. Here, the customer settled for over $105,000.00.

Brokers have an obligation to make only suitable recommendations for investments to the client. There are many investments that are not appropriate for the majority of investors or for certain investors given their risk tolerance, age, and other factors. Brokers should not present these investment options to clients. There are two screens that brokers must employ to determine whether an investment is suitable for a client. First, there must be a reasonable basis for the recommendation – meaning that the product has been investigated and due diligence conducted into the investment’s features, benefits, risks, and other relevant factors. The broker must conclude that the investment is suitable for at least some investors and some securities may be suitable for no one. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short-term goals, age, disability, income needs, or any other relevant factor.

Newbridge Securities Financial Advisor Kerri Jamison Has Multiple Customer Complaints

December 2, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Kerri Jamison (Jamison), currently employed by Newbridge Securities Corporation (Newbridge Securities) has been subject to at least four customer complaints during the course of her career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Jamison’s customer complaints alleges that Jamison recommended unsuitable investments in various investments including allegations involving energy securities and alternative investments among other allegations of misconduct relating to the handling of their accounts. Jamison also hold herself out as an estate planning attorney and real estate agent.

In April 2020 a customer complained that Jamison violated the securities laws by alleging that Jamison engaged in negligent investment advice, breach of fiduciary duty, and breach of contract. The claim alleges $99,0000 in damages and is currently pending.

In February 2020 a customer complained that Jamison violated the securities laws by alleging that Jamison engaged in unsuitable investment advice, breach of fiduciary duty, and material misrepresentations. The claim alleges $200,000 in damages and is currently pending.

In January 2020 a customer complained that Jamison violated the securities laws by alleging that Jamison engaged in negligent investment advice, breach of fiduciary duty, and breach of contract. The claim alleges $99,000 in damages and is currently pending.

Ameriprise Financial Advisor Jeffrey McHale Has Customer Complaints

April 16, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Jeffrey McHale (McHale), currently employed by Ameriprise Financial Services, LLC (Ameriprise) has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), McHale’s customer complaints alleges that McHale recommended unsuitable investments in various investments including allegations of concentrations in biotech stocks and low cap stocks among other allegations of misconduct relating to the handling of their accounts.

In December 2019 a customer complained that McHale violated the securities laws by alleging that McHale made investments recommendations in unsuitable investments including pharmaceutical and biotech stocks while at Ameriprise from 2015 through 2019. The investors also allege that their accounts were overconcentrated and certain transactions were marked unsolicited despite being recommended by respondent advisor. The claim alleges $655,000 in damages and is currently pending.

In December 2018 a customer complained that McHale violated the securities laws by alleging that McHale made investments recommendations in unsuitable investments. The investors allege that respondent recommended a high concentration of equity securities, did not recommend bonds and instead recommended low priced low market cap securities. The claim alleges $180,000 in damages and is currently pending.

Independent Financial Advisor Morgan Arford Has Customer Complaints

February 18, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Morgan Arford (Arford), currently employed by Independent Financial Group, LLC (Independent Financial) has been subject to at least four customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Arford’s customer complaints alleges that Arford recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In September 2016 a customer complained that Arford violated the securities laws by alleging that Arford in mid-2012 participated in the sale of unapproved and unsuitable investments in oil and gas and a penny stock. The claim alleged $140,760 in damages and settled for $95,000.

In August 2016 a customer complained that Arford violated the securities laws by alleging that Arford in 2012 and 2013 participated in the sale of unapproved and unsuitable investments in oil and gas and a penny stock. The claim alleged $335,300 in damages and settled for $192,500.

Advisor William Baum Subject to Multiple Customer Disputes

January 6, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor William Baum (Baum), currently employed by Great American Investors, Inc. (Great American) was has been subject to at least eight customer complaints and one regulatory action during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Baum’s customer complaint alleges that Baum recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In July 2017 FINRA brought a regulatory action against Baum that he settled consenting to findings that he sent 58 text messages relating to his securities business – including messages about investment strategies and specific securities – to sixteen customers over the course of a year. FINRA found that Baum prevented his member firm from supervising those communications, violated the firm’s policy about business correspondence, and contradicted his attestation that he would use his firm’s email system for all business correspondence and retain all correspondence with customers for the firm’s review.

In September 2019 a customer complained that Baum violated the securities laws by alleging that Baum engaged in sales practice violations over the period of 2014 through 2017 by failing to recommend appropriate investments, disclose all conflicts of interest and fully inform claimants about the associated risks. The claim alleges $87,000 in damages and the case settled for $20,000.