Securities Lawyers Blog
Investment attorneys at Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against Joseph Thurnherr (Thurnherr) alleging unsuitable investments, fraud, churning, breach of fiduciary duty, and unauthorized trading among other claims. According to brokercheck records Thurnherr has been subject to five customer complaints, and one judgment/lien.
In November 2014, Thurnherr received a tax lien in the amount of $27,663. A broker’s inability to handle their personal finances has also been found to be relevant in helping investors determine if they should allow the broker to handle their finances.
In June 2016 a customer filed a complaint alleging that Thurnherr overconcentrated their account causing $93,624 in losses. The claim is currently pending.
Brokers in the financial industry have the fundamental responsibility to treat investors fairly. This obligation includes making only suitable investments for their client. The suitable analysis has certain requirements that must be met before the recommendation is made. First, there must be reasonable basis for the recommendation for the investment based upon the broker’s and the firm’s investigation and due diligence. Common due diligence looks into the investment’s properties including its benefits, risks, tax consequences, the issuer, the likelihood of success or failure of the investment, and other relevant factors. Second, if there is a reasonable basis to recommend the product to investors the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives. These factors include the client’s age, investment experience, retirement status, long or short term goals, tax status, or any other relevant factor.
Thurnherr entered the securities industry in 2009. From January 2009 through June 2010, Thurnherr was registered with J.P. Turner & Company, L.L.C. From June 2010 through January 2011, Thurnherr was associated with National Securities Corporation (NSC). From January 2011 through January 2012 Thurnherr was registered with Legend Securities, Inc. From February 2012 until December 2012 Thurnherr was registered with Obsidian Financial Group, LLC. Thereafter, from November 2012 until October 2014 Thurnherr was again registered with NSC. From October 2014 until October 2015 Thurnherr was associated with First Standard Financial Company LLC. Finally, since November 2015 Thurnherr has been associated with Meyers Associates, L.P. out of the firm’s New York, New York office location.
The number of events listed on Thurnherr brokercheck is high relative to his peers. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must publicly disclose certain types of reportable events on their CRD including but not limited to customer complaints. In addition to disclosing client disputes brokers must divulge IRS tax liens, judgments, and criminal matters. However, FINRA’s records are not always complete according to a Wall Street Journal story that checked with 26 state regulators and found that at least 38,400 brokers had regulatory or financial red flags such as a personal bankruptcy that showed up in state records but not on BrokerCheck. More disturbing is the fact that 19,000 out of those 38,400 brokers had spotless BrokerCheck records.
Gana Weinstein LLP’s securities fraud attorneys represent investors who have suffered securities losses due to the mishandling of their accounts due to claims of fraud and negligence. The majority of these claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.