Articles Tagged with unsuitable investment lawyer

shutterstock_186471755-300x200According to records kept by The Financial Industry Regulatory Authority (FINRA) financial advisor Timothy O’Brien (O’Brien), formerly employed by Feltl & Company has been subject to numerous disclosures including at least six customer complaints, two criminal matters, four judgement or tax liens, and regulatory complaints during the course of his career.  O’Brien customer complaints alleges that O’Brien recommended unsuitable investments, made misrepresentations, and overconcentrated investments relating to the handling of client accounts.

In November 2020 O’Brien consented to FINRA findings and sanctions that he placed unauthorized trades in a customer’s account. FINRA found that O’Brien sold a limited partnership position in the customer’s account and purchased Class A shares of a mutual fund. FINRA found that O’Brien then attempted to call the customer to discuss the trades but did not reach her before executing the transactions.

In July 2020 a customer complained that O’Brien violated the securities laws by alleging that O’Brien made unsuitable investments, over concentration, and misrepresentation resulting in excessive losses in the account.  The claim alleged $450,000 in damages and settled for $350,000.

O’Brien has several large tax liens.  Such disclosures on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts.  In addition, a broker’s inability to manage their own finances is relevant in a customer’s decision to use their services. Continue Reading

shutterstock_53865739-300x199Financial advisor Paul Porter, currently employed at Wells Fargo Clearing Services, LLC (Wells Fargo), has been subject to at least four customer complaints during the course of his career. His most recent customer complaints allege unauthorized trading and unsuitability. All of Porter’s complaints have occurred at Wells Fargo – his most recent place of employment.  According to a BrokerCheck report, in 2018 Porter was accused of selling the client’s stock without her knowledge. This matter against him settled approximately $61,000.00. In 2012, another client accused porter of engaging in unauthorized trading. Then, in October 2008, another client accused porter of making unsuitable investments. This matter ultimately settled for $30,000.00.

Unauthorized trading occurs when a broker sells securities without the prior consent from the investor. All brokers, who do not have discretionary authority to trade an account, are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b). Under the NASD Conduct Rule 2510(b), a broker is prohibited from trading in a non-discretionary customer account without prior written authorization from the customer. Unauthorized trading is a type of investment fraud because the Securities Exchange Commission (SEC) has found that disclosures of trades being made are essential and material to an investor. Unauthorized trading is often a gateway violation to other securities violations including churning, unsuitable investments, and excessive use of margin.

Continue Reading

shutterstock_135103109-300x200According to records kept by The Financial Industry Regulatory Authority (FINRA) financial advisor Ryan Wroblewski (Wroblewski), currently employed by Morgan Stanley and formerly registered with Aegis Capital Corp. (Aegis) has been subject to at least four customer complaints during the course of his career.  Wroblewski’s customer complaints alleges that Wroblewski recommended unsuitable investments, made misrepresentations, unauthorized use of margin, and breach of fiduciary duty in various investments relating to the handling of client accounts.

In February 2021 a customer complained that Wroblewski violated the securities laws by alleging that Wroblewski made investments recommendations that the client alleges involved misrepresentations with respect to options investments from April 2018 to April 2020. The claim alleges $17,500 in damages and is currently pending.

In February 2021 a customer complained that Wroblewski violated the securities laws by alleging that Wroblewski made investments recommendations that the client alleges involved unsuitable investments, misrepresentation, breach of fiduciary duty, and breach of contract. The claim is currently pending.

In May 2020 a customer complained that Wroblewski violated the securities laws by alleging that Wroblewski made investments recommendations that the client alleges involved in unsuitable investments and unauthorized use of margin from 2014 through 2016. The claim alleges $985,000 in damages and is currently pending.

Continue Reading

shutterstock_136504499-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Vincent Mazza (Mazza), formerly employed by National Securities Corporation (National Securities) has been subject to at least six customer complaints, six tax liens, and one regulatory action during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Mazza’s customer complaints alleges that Mazza recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In July 2019 FINRA filed a regulatory action againt Mazza alleging that Respondent Mazza failed to respond to FINRA’s request for information concerning his activities.  The failure to respond to the requests resulted in an automatic bar from the securities industry.

Mazza also has six tax lien disclosures including a $123,222 lien from February 2014.  The fact that a broker cannot manage his own personal finances is material information for a client to consider.  In addition, the types of products clients have alleged were unsuitable are high commission products that may be recommended to generate high profits for the advisor at the expense of the client.

Continue Reading

shutterstock_836360-300x225According to BrokerCheck records financial advisor Scott Mass (Mass), currently employed by David Lerner Associates, Inc. (David Lerner) has been subject to five customer complaints.  According to records kept by The Financial Industry Regulatory Authority (FINRA), most of Mass’ customer complaints allege that Mass made unsuitable recommendations in a variety of investments including REITs, Puerto Rico bonds, and mutual funds.

In July 2018 a customer complained that Mass violated the securities laws by recommending unsuitable investments, breach of fiduciary duty, negligence, fraud and breach of contract in connection with the sale of Puerto Rico Bonds.  The customer alleges $500,000 in damages.  The claim is currently pending.

In December 2016 a customer complained that Mass violated the securities laws by recommending unsuitable investments from June 2007 through July 2015 causing $90,000 in damages.  The claim settled for $15,000.

Continue Reading

shutterstock_76197331-300x200According to BrokerCheck records financial advisor Wesley Clinton (Clinton), currently employed by Network 1 Financial Securities Inc. (Network 1 Financial) has been subject to eight customer complaints during his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), the complaints against Clinton concern allegations of unsuitable investments among other allegations.

In August 2018 a customer complained that Clinton recommended investments that violated the securities laws including unsuitable investments and failure to supervise.  The customer alleged $145,000 in damages.  The claim is currently pending.

In January 2017 a customer complained that Clinton recommended unsuitable investments leading to $50,000 in damages.  The claim is currently pending.

In June 2015 a customer complained that Clinton recommended unsuitable investments and engaged in fraud and churning leading to $250,000 in damages.  The claim settled for $30,000.

Continue Reading

shutterstock_182054030-300x200The securities attorneys at Gana Weinstein LLP are investigating claims against First Allied Securities, Inc. (First Allied) broker Mark Chamberlain (Chamberlain).  According to BrokerCheck records, Chamberlain has been subject to seven customer complaints and one regulatory action.  The majority of the complaints concern alternative investments and annuities.

Most recently, in May 2015, a customer alleged that Chamberlain engaged in unsuitable investments requesting $29,700 in damages.

In May 2012, a customer alleged that from October 2009 to May 2011, Chamberlain engaged in breach of fiduciary duty, constructive fraud, and unauthorized transactions. This dispute settled for $13,000.

Contact Information