Investment Lawyer

Advisor Serge Parakhnevich Has Complaints and Regulatory History

September 2, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Serge Parakhnevich, currently employed by PHX Financial, Inc. (PHX), has been subject to at least three customer complaints and one regulatory sanction in his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Parakhnevich customer complaints allege that Parakhnevich engaged in unsuitable investment practices and excessive trading, among other allegations made by customers. Also, the regulatory sanction claims that Parakhnevich fraudulently traded in the account of a customer without approval.

In August 2020, FINRA made findings in a consent order that Parakhnevich violated the securities laws by executing trades in a customer’s accounts without the customer’s prior written authorization or his member firm’s approval of the account as discretionary. The findings stated that Parakhnevich completed and submitted firm compliance questionaries wherein he falsely answered questions related to whether he handled customer accounts on a discretionary basis. Without admitting or denying the findings, Parakhnevich consented to the sanctions. Parakhnevich was issued a $7,500 fine along with all his registration capacities being suspended for forty-five days.

In April 2020, a customer complained that Parakhnevich violated the securities laws by alleging that Parakhnevich engaged in unsuitable investment practices. The claim alleges $249,281 in damages and is pending.

In August 2015, a customer complained that Parakhnevich violated the securities laws by alleging that Parakhnevich engaged in unauthorized trading, excessive trading, and churning. The claim alleged $100,000 and was denied.

Capstone Financial’s David Melilli Allegedly Violates Securities Laws

September 2, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that David John Melilli (Melilli), formerly employed by Capstone Financial LLC, has been subject to at least three customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Melilli’s customer complaints allege that Melilli engaged in unauthorized trading and recommended unsuitable investments.

In April 2021, FINRA made a preliminary determination to recommend that disciplinary action be brought against Melilli for various allegations. These include unsuitable and excessive trading in customer accounts, using discretion without written authorization in customer accounts, unauthorized trading in the account of a deceased customer, forging customer signatures on account documents and causing member firm to maintain inaccurate books and records, sending written communication entitled “Writing Covered Calls” to customer without obtaining prior approval from member firm and use of a misleading communication with a customer, using text messages to conduct securities related business in violation of applicable firm policies and causing firms to fail to maintain accurate books and records, and opening and maintaining multiple outside securities accounts without the prior consent of member firms. Investigation is pending concerning these allegations.

In September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli engaged in authorized trading. The claim alleges $5,000 in damages and is currently pending.

Also in September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli made risky investments that were not fully understood and that management fees may not have been assessed correctly. The claim was denied.

Advisor Jeffrey Miller Subject to Several Investor Disputes

August 29, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Jeffrey Rand Miller (Miller), currently employed by American Portfolios Financial Services, Inc. (American Portfolios Financial Services) has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Miller’s customer complaints alleges that Mr. Miller recommended unsuitable investments in various investments including allegations involving alternative investments, among other allegations of misconduct relating to the handling of their accounts.

In July 2020, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in unsuitable investment advice, material misrepresentations, negligence breach of fiduciary duty, and breach of contract. The claim alleged $125,000 in damages and was withdrawn.

In December 2019, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in unsuitable investment advice, breach of fiduciary duty, negligent supervision, and material misrepresentations. The claim alleges $125,000 in damages and is currently pending.

Advisor Matthew Gaer Claimed to Have Provided Unsuitable Investment Advice

August 29, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Matthew Steven Gaer (Gaer), currently employed by Aegis Capital Corporation (Aegis) has been subject to at least two customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Gaer’s customer complaints alleges that Gaer recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts.

In April 2020, a customer complained that Gaer violated the securities laws by alleging that Gaer engaged in breach of fiduciary duty, and breach of contract. The damage amount requested was $150,000. The claim was later withdrawn.

In September 2019, a customer complained that Gaer violated the securities laws by alleging that Gaer engaged in unsuitable investment advice within the customer’s retirement account. The damage amount requested was $50,000. The claim settled in the amount of $14,999.

Broker Siddharth Reddy Has Unsuitable Investor Complaints

October 26, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Siddharth Reddy (Reddy), recently employed by Paulson Investment Company LLC (Paulson Investment Company) has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Reddy’s customer complaints alleges that Mr. Reddy recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts. Mr. Reddy is no longer registered as a broker.

In September 2013, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice. The claim settled in the amount of $200,000.

In September 2013, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice, breach of fiduciary duty, breach of contract, and material misrepresentations. The claim settled in the amount of $55,000.

In September 2012, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice, breach of fiduciary duty, breach of contract, and material misrepresentations. The claim settled in the amount of $150,000.

Raymond James Advisor Gregory Collier Has Investor Suitability Complaints

October 18, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Gregory Collier Sr. (Collier), currently employed by Raymond James Financial Services, Inc. (Raymond James Financial Services) has been subject to at least two customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Colliers’s customer complaints alleges that Mr. Collier recommended unsuitable investments in various investments among other allegations of misconduct relating to the handling of their accounts.

In December 2019, a customer complained that Mr. Collier violated the securities laws by alleging that Mr. Collier engaged unauthorized trading. The claim settled in the amount of $200,000.

In July 2019, a customer complained that Mr. Collier violated the securities laws by alleging that Mr. Collier engaged in unsuitable investment advice, and poor portfolio management. The claim requested $25,000 in damages. The claim was denied.

SW Financial’s Joseph Gebron Allegedly Violates Securities Laws

June 14, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Joseph Gebron (Gebron) currently employed by SW Financial has been subject to at least seven customer complaints, one employment termination for cause, and one criminal matter during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Gebron’s customer complaints alleges that Gebron recommended unsuitable investments in various investments. Allegations involving common and preferred stocks, and private placement securities, among other allegations of misconduct relating to the handling of their accounts.

In January 2013, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unauthorized trading, misleading representations, and omissions. The claim alleges $820,000 in damages and is currently pending.

In February 2012, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in negligence, breach of fiduciary duty, and breach of contract. The claim settled in the amount of $47,500.

In May 2011, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, violation of common law fraud, breach of fiduciary duty, and negligence. The claim settled in the amount of $45,000.

In November 2009, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, negligence, and breach of fiduciary duty. The claim settled in the amount of $50,000.

Investment Adviser Joseph Teifer Accused of Making Unsuitable Recommendations

April 21, 2021 | by Staff Attorney

Investment Adviser, Joseph Teifer, currently employed at Herbert J. Sims & Co. Inc., has been subject to at least two customer complaints during the course of his career. Both complaints have recently surfaced in the past year alleging Teifer making inappropriate investments.

According to a BrokerCheck report, in April 2019, two allegations were made against Teifer for making unsuitable recommendations. Both customer disputes were closed by the firm without action being taken. The first complaint alleges inappropriateness of investments and damages of approximately $19,000 for investments made during 2017-2019. Similarly, as second complaint surfaced for similar allegations alleging damages of approximately $60,000. These complaints appear to relate to mutual fund recommendations made through David Lerner.

Brokers have an obligation to make only suitable recommendations for investments to the client. There are many investments that are not appropriate for the majority of investors or for certain investors given their risk tolerance, age, and other factors. Brokers should not present these investment options to clients. There are two screens that brokers must employ to determine whether an investment is suitable for a client. First, there must be a reasonable basis for the recommendation – meaning that the product has been investigated and due diligence conducted into the investment’s features, benefits, risks, and other relevant factors. The broker must conclude that the investment is suitable for at least some investors and some securities may be suitable for no one. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short-term goals, age, disability, income needs, or any other relevant factor.

Adviser Michael Greenstone Accused of Making Unsuitable Investment Recommendations

April 10, 2021 | by Staff Attorney

Adviser Michael Greenstone (Greenstone), currently employed at Merrill, Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), has been subject to at least nine customer complaints during the course of his career. Eight of the nine complaints against Greenstone allege unsuitability. In addition, Greenstone recently had nine customer complaints expunged in mass from his record using FINRA’s notoriously flawed expungement process. According to the PIABA Foundation, 1,078 expungement-only cases have been filed from 2015 to 2018. The study concluded that “The Finra [expungement] process is being systematically gamed, exploited and abused with one-sided hearings, manipulation of arbitrator selection, deletion of significant customer complaints and abusive (and possibly fraudulent) conduct to such an extent that it must be frozen until it can be repaired.”

According to a BrokerCheck report, there have been two complaints against Greenstone in the past two years alleging him of making unsuitable investment recommendations. The most recent allegation against Greenstone is pending and the customer is seeking $5 million in damages for unsuitable investment recommendations made from 2013 through 2019. Over the course of Greenstone’s career, several customers have accused him of making unsuitable investment recommendations. The aggregate settlement amount for his collective complaints is in excess of $240,000.00. Greenstones two largest reported settlements occurred in 2009 and in 1999. In July 2009, a customer alleged Greenstone placed her in a portfolio that was not suitable for her risk tolerance and age. This matter settled for approximately $114,000.00. Moreover, in July 1999, accused Greenstone of excessive and unsuitable trading. This matter settled for $106,000.00.

Wedbush Advisor David Hirons Has Suitability Customer Complaints

April 9, 2021 | by Staff Attorney

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial advisor David Hirons (Hirons), currently employed by Wedbush Securities Inc. (Wedbush Securities), has been subject to at least four customer complaints and one termination for cause during the course of his career. Hirons’s customer complaints alleges that Hirons recommended unsuitable investments in various investments including equities, futures funds, and options.

In April 2018 Hirons was discharged by RBC Capital Markets, LLC when the firm alleged that he was terminated for violating the firm’s order execution policy.

In August 2019 a customer complained that Hirons violated the securities laws by alleging that Hirons made investments recommendations that the client alleges involved options trading from June 2018 until December 2018 resulted in liquidations and losing funds. The claim alleged $712,080 in damages and settled for $65,000.