Securities Lawyers Blog
The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Mark Alexander Reffett (Reffett), currently employed by Arkadios Capital, has been subject to at least one customer complaint his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Reffett’s customer complaint alleges that Reffett engaged in unsuitable investment strategy and alternative investments.
In May 2020, a customer complained that Reffett violated the securities laws by alleging that Reffett engaged in unsuitable investment strategy and alternative investments beginning in 2014 and continuing to 2016. The claim alleges $1,575,881 in damages and is currently pending.
Alternative investments include a class of products including DDPs such as non-traded REITs, oil and gas offerings, equipment leasing products, and other alternative investments. These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure. Brokers selling these products are paid additional commission in order to hype these inferior quality investments providing a perverse incentives to create an artificial market for the investments.
Several studies have confirmed that Non-traded REITs underperform publicly traded REITs with some showing that Non-Traded REITs cannot even beat safe benchmarks, like U.S. treasury bonds. Brokers selling these products must disclose to the investor that non-traded REITs provide lower investment returns than treasuries while being high risk and illiquid – but almost never do. Because investors are not compensated with additional return in exchange for higher risk and illiquidity, these kinds of alternative investment products are rarely, if ever, appropriate for investors.
Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client after conducting due diligence. Due diligence includes an investigation into the investment’s properties including its benefits, risks, tax consequences, issuer, history, and other relevant factors. Appropriate due diligence would identify that an alternative investment’s high costs, illiquidity, and conflicts of interests that would make the investment not suitable for investors. Investors often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.
Unfortunately, these types of alternative investment products continue to popular among brokers due to their high commissions. In order to counter the perverse incentives to sell these flawed product many states now limit investors from investing more than 10% of their liquid assets in Non-Traded REITs and BDCs. Many states impose these limitations because these investments do not benefit investors.
Reffett entered the securities industry in 2012. From July 2012 through March 2013, Reffett was registered with Investacorp, Inc. From June 2013 through March 2017, Reffett was registered with Triad Advisors, Inc. From June 2013 through March 2021, Reffett was registered with ACG Wealth Inc. Since March 2017, Reffett has been registered with and employed by Arkadios Capital, out of the firm’s Atlanta, Georgia office location. Additionally, since June 2019, Reffett has been registered with and employed by EPG Wealth Management LLC, out of the firm’s Atlanta, Georgia offie location.
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.