Securities Lawyers Blog
The law offices of Gana Weinstein LLP are currently investigating claims that Broker Zachary Nigh (Nigh) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Nigh was employed by Thrivent Investment Management INC. at the time of the activity. If you have been a victim of Nigh’s alleged misconduct our firm may be able to assist you in recovering funds.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $340.23 on December 20, 2022.
Client signed an application for a fixed annuity in 11/9/2022. Financial Consultant (FC) was informed by the annuity company on 12/12/2022 the client needed to sign a new application. Client asked the FC to FedEx the new documents. The FC indicated the documents would be sent via FedEx that Friday, but for a variety of reasons, the documents were not sent until the following Tuesday. This additional delay caused the customer to become impatient, and on 12/20/2022, she requested the return of her initial investment, claiming the delays amounted to theft. FC promptly involved his manager, and the manager sent both an email and letter to the client on 12/22/2022 assuring her the FC already contacted the annuity company and the annuity company would be sending a check directly to her. The annuity company issued the client a check on 12/28/2022. In addition, the Firm agreed to provide the client with interest associated with the delays. The Firm determined there was no risk of misappropriation regarding this matter.
Our legal team has a wealthy experience handling cases where advisors defraud clients by securing loans or selling securities through OBAs. The sale of unauthorized investment products, fraudulent schemes that disguise misused funds, and other deceptive practices are collectively known in the industry as “selling away,” a serious breach of securities laws. The term “selling away” in the industry refers to financial advisors promoting investments in businesses, promissory notes, or securities that their affiliated brokerage firm has not approved. Some of these investments may appear legitimate, but they often lead to Ponzi schemes or advisors engaging in fund misappropriation.
However, federal securities laws and the FINRA rules require firms to monitor and supervise its employees in order to detect and prevent brokers from offering investments in this fashion. To ensure proper supervision of brokers, firms must establish procedures for monitoring advisors’ actions and engagements with the public. Selling away misconduct often occurs where brokerage firms either fail to put in place a reasonable supervisory system or fail to actually implement that system. Supervisory failures allow brokers to engage in unsupervised misconduct that can include all manner improper conduct including selling away.
In cases of selling away the investor is unaware that the advisor’s investments are improper. In many of these cases the investor will not learn that the broker’s activities were wrongful until after the investment scheme is publicized, the broker is fired or charged by law enforcement, or stops returning client calls altogether.
Nigh entered the securities industry in 2020. Nigh has been registered as a Broker with Thrivent Investment Management INC. since 2023.
Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. At Gana Weinstein LLP, our attorneys are experienced representing investors who have suffered securities losses due to the mishandling of their accounts. Claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.