Securities Lawyers Blog
The law offices of Gana Weinstein LLP are currently investigating claims that Broker Justin Funakura (Funakura) 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 Funakura was employed by Farmers Financial Solutions, LLC at the time of the activity. If you have been a victim of Funakura’s alleged misconduct our firm may be able to assist you in recovering funds.
FINRA BrokerCheck shows a final customer complaint on February 20, 2025.
Without admitting or denying the findings, Funakura consented to the sanctions and to the entry of findings that he participated in private securities transactions by soliciting investors to invest a total of $120,000 in promissory notes issued by a company claiming to operate crypto asset mining and investment programs without prior written notice to, or approval from, his member firm. The findings stated that one of the investors was a customer of the firm. Funakura’s involvement in the investments included introducing investors to the investment opportunity, providing information regarding the funds offered by the company to investors, and facilitating their transactions. Funakura received $4,000 as a commission for soliciting these investments. The company later defaulted on the notes. Subsequently, the State of Illinois Secretary of State, Securities Department initiated proceedings against the company and ultimately issued a Final Order of Prohibition, finding, among other things, that the company and related individuals committed fraud in the offer and sale of securities. In addition, on annual compliance questionnaires, Funakura falsely answered ‘no’ to questions asking whether he had engaged in private securities transactions or received compensation for transactions outside of the firm.
We specialize in representing victims of fraud when financial advisors take loans from clients or facilitate securities transactions through OBAs. Engaging in the sale of unapproved investment products, fake investments that conceal misappropriated funds, and other fraudulent activities is referred to as “selling away” in the industry—a severe violation of securities regulations. In the industry the term selling away refers to when a financial advisor solicits investments in companies, promissory notes, or other securities that are not pre-approved by the broker’s affiliated firm. In some cases, these investments are legitimate, but more often than not, they result in Ponzi schemes or financial advisors converting funds for personal use.
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. Firms are required to have protocols in place to oversee their brokers by tracking each advisor’s activities and public interactions. 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.
Funakura has been in the securities industry for more than 14 years. Funakura has been registered as a Broker with Farmers Financial Solutions, LLC since 2009.
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.
