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Securities Lawyers Blog

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Broker Thomas Sharp Sanctioned by FINRA Over Misleading Statements Concerning Non-Traded REITs

The Financial Industry Regulatory Authority (FINRA) sanctioned broker Thomas Sharp (Sharp) concerning allegations that Sharp violated NASD Rule 2210(d) by sending emails to potential investors in a non-exchange traded real estate investment trusts (Non-Traded REITs) that were not fair and balanced and failed to provide a sound basis for evaluating…

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Broker Lorene Fairbanks Alleged to Have Made Unauthorized Trades in Client Accounts

According to broker Lorene Fairbank’s (Fairbank) Financial Industry Regulatory Authority (FINRA) BrokerCheck records the representative was recently sanctioned concerning allegations that From August 2006, through February 2012, she effected approximately 57-69 discretionary transactions for seven firm customers without written authorization from the customers or approval from the firm. In addition,…

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Center Street Securities Broker David Escarcega Investigated Over GWG Debenture Sales

The Financial Industry Regulatory Authority (FINRA) brought a complaint against broker David Escarcega (Escarcega) concerning allegations that Escarcega recommended unsuitable investments in Renewable Secured Debentures of GWG, Inc. (GWG Debentures). Escarcega is not the first Center Street Securities, Inc. (Center Street) broker that has been investigated by FINRA in connection…

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Adam Gana Discusses New Rules Governing Civil Litigation in New York

The Daily Bulletin recently published an article about new rules governing civil litigation in New York. According to Charisma Troiano, the author of the article in 2013 the Office of Court Administration issued a letter supporting proposed changes to the New York Civil Procedure Legal Rules Section 2106. The new…

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Dennis Karasik Barred by FINRA Over Diversified Energy Group Sales

The Financial Industry Regulatory Authority (FINRA) permanently barred broker Dennis Karasik (Karasik) concerning allegations that from December 2010, to March 2012, Karasik participated in private securities transactions, otherwise known as “selling away” without providing prior written notice to the two firms with which he was associated. Specifically, FINRA alleged that…

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The NASAA Announces New Initiative to Focus on Senior Investor Abuse

As we have reported previously, financial abuse of seniors is a significant problem in the United States. In our firm’s representation of clients, seniors comprise the vast majority of clients that seek our firm’s assistance as securities attorneys. Recently the North American Securities Administrators Association (NASAA) announced the formation of…

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Former First Allied Broker Herbert Kaye Suspended for Unauthorized Trading

On September 15, 2015 FINRA suspended former First Allied broker, Herbert Leonard Kaye, for four months and fined him $25,000 which includes the disgorgement of $11,000 in commissions. According to FINRA, Mr. Kaye entered over 2,000 discretionary trades in the account of a customer between June 2010 and April 2013 without…

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An Examination of LPL Financial’s Recent Regulatory Woes

LPL Financial, LLC (LPL) is one of the largest independent brokerage firms in the United States employing approximately 13,840 registered reps and advisers. However, the firm’s growth has come with a host of regulatory actions focusing on the firm’s alleged supervisory failures. Recently, InvestmentNews reported that the firm was hit…

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SEC Cracks Down on Wrap Accounts to Prevent “Reverse Churning”

A recent InvestmentNews article explored The Securities and Exchange Commission’s (SEC) attempts to prevent conflicts of interest at registered investment advisers, a breach of their fiduciary duties, by focusing on potential misuse of popular flat-fee wrap accounts. The use of these accounts have given rise to claims of “reverse churning.”…

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Regulators On the Look Out for “Reverse Churning”

It is relatively easy to grasp the concept of excessive trading activity or “churning” in a brokerage account. Churning trading activity has no utility for the investor and is conducted solely to generate commissions for the broker. Churning involves both excessive purchases and sales of securities and the advisors control…

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