Selling Away

Robert Daly Barred Over Private Investment Allegations – Investor Recovery Options

November 23, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Robert Daly (Daly) has been accused by a financial regulatory of engaging in private securities transactions a/k/a selling away. Daly was terminated by his employer and sanctioned by a regulator concerning accusations of engaging in undisclosed investment activities including undisclosed outside business activities (OBAs). According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Daly was employed by Xtellus Capital Partners, Inc. (Xtellus Capital) at the time of the activity. If you have been a victim of Daly’s alleged misconduct our firm may be able to assist you in recovering funds.

According to Daly’s disclosures he is also engaged in several OBAs including Latigo Ventures, a financial consulting and capital raising business venture. Also disclosed are The Latigo Group, Lipper/Daly Productions Latigo Filsm, Ava Living Recovery, and United Friends of Children. It is unknown whether the accusations relate to any of these entities or businesses.

In October 2024 FINRA barred Daly after Daly consented to the sanction and to the entry of findings that he refused to produce information and documents requested by FINRA during an investigation that originated from a regulatory tip it received related to possible undisclosed private securities transactions.

In addition, Daly also has a customer complaint in September 2024 claiming that purchases in First Republic Bank shares were not in the clients’ best interests. 2021. The claim is currently pending.

Chun Elmejjad Barred Over Alleged Real Estate Scheme – Investor Recovery Options

November 12, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Chun Elmejjad (Elmejjad) has been accused by an investor and barred by a regulator for engaging in undisclosed investment activities including undisclosed outside business activities (OBAs). According to records kept by The Financial Industry Regulatory Authority (FINRA), Elmejjad was employed by Equitable Advisors, LLC (Equitable) at the time of the activity. If you have been a victim of Elmejjad’s alleged misconduct our firm may be able to assist you in recovering funds.

On January 24, 2024, Elmejjad accepted a permanent industry bar with FINRA by failing to respond to the regulator’s requests for documents and information. The request for information was likely related to Elmejjad’s termination for cause in November of 2023 from Equitable when the firm filed a Form U5 claiming that Elmejjad was terminated due to violating company policy by accepting a loan and an investment from a client in connection with an undisclosed and unapproved outside business activity. Thereafter, a customer filed a complaint alleging that Elmejjad misappropriated funds that he loaned to Elmejjad in connection with real estate projects Elmejjad and her husband were involved in.

Todd Lesk Barred Over Unapproved Securities Activities – Investor Recovery Options

November 11, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Todd Lesk (Lesk) has been accused by multiple investors of engaging in fraudulent securities sales. Lesk was barred by a regulator for engaging in undisclosed investment activities including undisclosed outside business activities (OBAs). According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Lesk was employed by LPL Financial LLC (LPL) and Cambridge Investment Research, Inc. (Cambridge) at the time of the activity. However, Lesk did business under the names Lesk Financial, RLA Financial, and CIRA. If you have been a victim of Lesk’s alleged misconduct our firm may be able to assist you in recovering funds.

In September 2022 LPL terminated Lesk for cause alleging that Lesk directed customers to invest in an unapproved investment, a LLC that the representative founded, without notice to, or approval from LPL.

In October 2023 Cambridge terminated Lesk for cause alleging that Lesk tendered his resignation based on the Firm’s understanding that the Lesk was unwilling to cooperate with either the regulators or Cambridge’s requests for information.

On October 6, 2023, Lesk accepted a permanent industry bar with FINRA by failing to respond to the regulator’s requests for documents and information. According to FINRA, Lesk consented to the sanctions and to the entry of findings that he refused to provide information and documents and to appear for testimony requested by FINRA in connection with an investigation into whether he recommended that his customer invest in a crypto asset offering. Thereafter, multiple customers have filed complaints alleging that Lesk engaged in securities law violations.

Leslie Jackson Barred Over Alleged Promissory Note Sales – Investor Recovery Options

July 17, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Leslie Jackson (Jackson) has been accused by a regulator of engaging in undisclosed investment activities including undisclosed outside business activities (OBAs) and the sale of promissory notes. According to records kept by The Financial Industry Regulatory Authority (FINRA), Jackson was employed by Momentum Independent Network Inc. (Momentum) at the time of the activity but also did business under the name Jackson Financial Services. If you have been a victim of Jackson’s alleged misconduct our firm may be able to assist you in recovering funds.

On September 2023, Jackson accepted a permanent industry bar with FINRA and agreed to findings that he participated in private securities transactions totaling $1,975,000 without providing advance written notice to his firm prior to these transactions. FINRA found that Jackson participated in the sale of promissory notes issued by entities that claimed to be engaged in a business that provided financing to construction companies. According to the regulator, Jackson recommended the investments to five investors who ultimately purchased an aggregate $1,475,000 of the issuers’ promissory notes. Jackson alleged participation in the note sales included telling the investors about the notes, answering questions about the investments, helping the investors complete the subscription documents, and collecting the payments for the investments to provide to the issuers. According to FINRA, Jackson was compensated for his activities through periodic payments from the issuers in amounts equal to 3% of each investment per year during their respective terms.

Advisor Kieth Baron Sanctioned By Regulator Over Undisclosed Securities Dealings – Investor Recovery Options

February 11, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Kieth Baron (Baron) has been accused by The Financial Industry Regulatory Authority (FINRA) of engaging in undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA, Baron was last employed by Equity Services, Inc. (Equity Services) through January 2022. According to BrokerCheck, Baron has 11 disclosures on his record including two regulatory actions, two financial disclosures, one employment termination, and six customer complaints. If you have been a victim of Kieth’s alleged misconduct our firm may be able to assist you in recovering funds.

According to FINRA, Baron was named in a FINRA complaint alleging that he made material misrepresentations to investors in connection with his recommendation of a Company stock. The FINRA complaint alleges Baron failed to disclose to the couple that he was a consultant for the Company. FINRA is also claiming that Baron later made additional material false statements to an investor in connection with a buyback of the couple’s shares of the Company.

The complaint also alleges that Baron had an ongoing business relationship with Company A. Baron expected to receive compensation and received $284,890 in compensation from Company A. FINRA found Baron failed to provide prior written notice to his member firm concerning his business relationship with Company A. The complaint further alleges that Baron participated in private securities transactions by recommending investors purchase 4,348,000 shares of Company A’s common stock for $359,806. According to FINRA, Baron failed to provide written notice to his firm of his role in the sale of Company A’s common stock prior to participating in the sale.

Allen Hershberg Barred Over Real Estate Investments – Investor Recovery Options

May 18, 2023 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Allen Hershberg (Hershberg) has been accused by his former employer of engaging in business investment activities including undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by The Financial Industry Regulatory Authority (FINRA), Hershberg was employed by Morgan Stanley Smith Barney, LLC (Morgan Stanley) at the time of the activity. If you have been a victim of Hershberg’s alleged misconduct our firm may be able to assist you in recovering funds.

Hershberg has been subject to regulatory action by FINRA and termination by Morgan Stanley. In July 2022, Morgan Stanley alleged that it had “Concerns Investigation regarding the representative’s unapproved outside real estate investments, as well as concerns regarding the representative’s recommendation of those same outside real estate investments to Firm clients and others, including through limited liability companies the representative created.”

With respect to the FINRA action, the regulator found that Hershberg consented to sanctions and findings that that he failed to provide documents and information requested by FINRA in connection with its investigation into allegations made in a Form U5 filed by his member firm. FINRA found that Morgan Stanley permitted Hershberg to resign due to concerns regarding his unapproved outside real estate investments, as well as concerns regarding his recommendation of those same outside real estate investments to firm clients and others, including through limited liability companies he created.

A review of Hershberg’s disclosed OBAs includes Ian Media Networks Advisor, CPV, LLC, Oak Park, Worthfield 1 LLC, and Dorchester 1 LLC. In addition, Hershberg discloses that he engages in rental property ownership and it appears that some of these entities are related to that business.

Securities Arbitration – The Basics: What you need to know.

February 23, 2023 | by Staff Attorney

Securities arbitration is a method of resolving disputes between investors and their brokers or brokerage firms, which is governed by the Financial Industry Regulatory Authority (FINRA). FINRA is a self-regulatory organization that oversees the securities industry and provides a forum for resolving disputes between investors and their brokers or brokerage firms.

Securities arbitration through FINRA is a legal process that allows investors to seek redress for claims arising out of their investment accounts, such as fraud, breach of fiduciary duty, unsuitable investment recommendations, selling away or other misconduct. Securities arbitration is generally faster and less expensive than going to court, and the decision of the arbitrator is final and binding on both parties. It is important for investors to understand their rights and legal options if they believe they have been the victim of misconduct by their broker or brokerage firm.

To initiate a securities arbitration through FINRA, an investor must file a Statement of Claim with FINRA, which sets forth the facts and legal basis for the claim. The Statement of Claim must be filed within six years from the occurrence or event giving rise to the claim. However, the occurrence or event that gives rise to a claim is usually considered the date of damages, or the date a reasonable investor knew or should have known about the claim. While brokerage firms usually argue it is the date of purchase, most arbitration panels disagree with that analysis.

Scott Reed Barred Over Pebblekick Investment Scheme – Investor Recovery Options

August 28, 2022 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Scott Reed (Reed) has been accused by clients of engaging in fraudulent investment activities including undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by The Financial Industry Regulatory Authority (FINRA), Reed was employed by Wells Fargo Clearing Services, LLC (Wells Fargo) at the time of the activity. If you have been a victim of Reed’s alleged misconduct our firm may be able to assist you in recovering funds.

Reed has been subject to regulatory action by both FINRA and the State of Arizona. With respect to the FINRA action, the regulator found that Reed consented to sanctions and findings that he participated in private securities transactions totaling at least $3.5 million without providing prior written notice to or obtaining advanced approval from his member firm. Reed solicited individuals, including at least two firm customers, to invest in securities issued by a software and web development company believed to be Pebblekick, Inc. Reed participated in these investments away from the firm by providing written materials about the company to investors, and by communicating with them orally, by email and text message about the company and encouraging them to invest. Reed is alleged to have received selling compensation of $191,340 from the company for his role in soliciting and facilitating the investments. It was also claimed that Reed had his own personal financial interest in the company and personally invested over $200,000 in the company.

Rhett Bedwell Accused of Selling Ponzi Scheme Investments – Investor Recovery Options

October 19, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Rhett Bedwell (Bedwell) has been accused by clients of engaging in fraudulent investment activities including undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA Bedwell was employed by LPL Financial LLC (LPL Financial) at the time of the activity. If you have been a victim of Bedwell’s alleged misconduct our firm may be able to assist you in recovering funds.

Rhett Bedwell is accused by investors and was investigated for unsuitably recommending investors to invest in a Ponzi scam involving Small World Capital and Graysail Capital. In March 2021 FINRA barred Bedwell after finding that Bedwell consented to sanctions and findings that he refused to produce information and documents requested by FINRA during the course of its review of an amended Form U5 filed by his former member firm. FINRA’s investigation stemmed from a disclosure that Bedwell had been identified in a pending customer arbitration alleging that he moved a client’s IRA to a different administrator and used forged documentation to invest the claimant’s money in a Ponzi scheme.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling securities sales through OBAs. The sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws. 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. Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

Advisor Dwight Dykstra Sanctioned By Regulator Over Senior Living Real Estate Promissory Note Sales – Investor Recovery Options

June 14, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Dwight Dykstra (Dykstra) has been accused by The Financial Industry Regulatory Authority (FINRA) of engaging in undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA Dykstra was employed by Vision Brokerage Services, LLC (Vision Brokerage) a the time of the activity and is now registered Alternative Investment Advisors, LLC (Alternative Investment). If you have been a victim of Dykstra’s alleged misconduct our firm may be able to assist you in recovering funds.

According to FINRA, the regulator sanctioned Dykstra after he consented to the sanction that he participated in private securities transactions without providing prior written notice to his member firm. The findings stated that, while registered through with his firm, Dykstra participated in private securities transactions by soliciting investments in promissory notes issued by a company raising capital to develop a senior living real estate project. FINRA found that Dykstra contacted prospective investors to inform them of the investment opportunity, provided marketing materials to interested investors, participated in communications between the issuer and interested investors, and facilitated the sale of approximately $2 million of promissory notes to 21 investors. FINRA also found that Dykstra was paid $67,500 in selling compensation for his participation in the transactions.