Securities Lawyers Blog

Waveland Oil and Gas Private Placements Loss Recovery

March 31, 2016 | by Staff Attorney

The investment attorneys at Gana Weinstein LLP are investigating the potential unsuitable sales of securities sponsored by Waveland Capital Group LLC (Waveland), a purported merchant bank with a core investment focus in the oil and gas exploration and production industry. Waveland claims on its website that it invests in oil and gas exploration and development throughout the Mid-Continent and Permian Basin regions. In addition, Waveland invests capital to special private equity opportunities in select sectors such as medical device, health sciences, technology and manufacturing. Waveland has sponsored the following investments:

Waveland Drilling Partners Series III
Waveland Resource Partners II, L.P.

Broker Investigation: Customer Complaints Against VSR Financial Broker Mickey Long

March 28, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Mickey Long (Long). According to BrokerCheck records Long is subject to nine customer complaints. The customer complaints against Long allege securities law violations that including unsuitable investments, misrepresentations, and breach of fiduciary duty among other claims. The claims appear to relate to allegations regard direct participation products and limited partnerships such as equipment leasing and non-traded real estate investment trusts (Non-Traded REITs). Other products complained of include oil and gas private placements.

Our firm has represented many clients in these types of products. All of these investments come with high costs and historically have under performed even safe benchmarks, like U.S. treasury bonds. For example, investors are destined to lose money in equipment leasing programs like LEAF Equipment Leasing Income Funds I-IV and ICON Leasing Funds Eleven and Twelve. The high costs and fees associated with these investments make significant returns virtual impossibility. Yet for all of their costs investors are in no way compensated for the additional risks of these products.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. 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.

Broker Investigation: Customer Complaints Against VSR Financial Broker Jesse Griffin

March 28, 2016 | by Staff Attorney

The securities fraud lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Jesse Griffin (Griffin). According to BrokerCheck records Griffin has been the subject of at least six customer complaints three of which have been filed since 2014. The customer complaints against Griffin allege a number of securities law violations including that the broker made unsuitable investments, fraud, breach of fiduciary duty, and negligence among other claims.

The most recent customer complaint filed in June 2015 alleged unsuitable investments from November 2006 through September 2008. The claim was settled.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. 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.

Broker Investigation: Customer Files Churning Complaint Against Broker Bruce Stark

March 24, 2016 | by Staff Attorney

The securities fraud lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Bruce Stark (Stark). According to BrokerCheck records Stark has been the subject of at least three customer complaints and one judgement or lien. The customer complaints against Stark allege a number of securities law violations including that the broker made unsuitable investments, unauthorized trading, and churning (excessive trading) among other claims.

The most recent complaint was filed in August 2015 and alleged that the customer’s account was traded without authority, unsuitable, and churned causing $534,150 in damages. The complaint is currently pending. In addition, in March 2009 a tax lien of $37,875 was filed. Substantial judgements and liens on a broker’s record can reveal a financial incentive for the broker to recommend high commission products or services. 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.

When brokers engage in excessive trading, sometimes referred to as churning, the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

Mewbourne Oil Company Oil and Gas Private Placements

March 24, 2016 | by Staff Attorney

The investment attorneys at Gana Weinstein LLP are investigating the potential unsuitable sales of securities sponsored by Mewbourne Oil Company (Mewbourne). Mewbourne claims on its website to have grown into one of the more prominent independent oil and natural gas producers in the Anadarko and Permian Basins of Texas, Oklahoma and New Mexico. The company sponsors several oil and gas private placements and investments including:

Mewbourne Energy Partners 11-A
Mewbourne Energy Partners 12-A

Vertical Funds Private Placements

March 23, 2016 | by Staff Attorney

The investment attorneys at Gana Weinstein LLP are investigating the potential unsuitable sales of securities in Vertical Funds private placements. The Vertical Funds include Vertical Recovery Management, LLC, Vertical Mortgage Fund I, LLC, Vertical US Recovery Fund, LLC, and Vertical US Recovery Fund II, LLC.

Some of the Vertical Funds were advertised as buying real estate notes at a discount and collect mortgage funds through borrower refinancing or a future sale. Upon information and belief at least one of these funds has entered the bankruptcy alternative of General Assignment for Benefit of Creditors under California law. This development is expected to wipe away the majority of investor capital.

Private placement offerings are among the most speculative and costly investment products offered to retail investors. While the size of the private placement market is unknown, according to 2008 estimates, companies issued approximately $609 billion of securities through Regulation D offerings. Private placements allow many small companies to efficiently raise capital. However, regulators continue to find significant problems in the due diligence and sales efforts of some brokerage firms when selling private placements to investors. These problems include fraud, misrepresentations and omissions in sales materials and offering documents, conflicts of interest, and suitability abuses.

Ridgewood Energy Oil and Gas Private Placements

March 23, 2016 | by Staff Attorney

The investment attorneys at Gana Weinstein LLP are investigating the potential unsuitable sales of securities sponsored by Ridgewood Energy Corporation (Ridgewood Energy). Ridgewood Energy is a private upstream oil and gas investment company based in Houston, Texas and Montvale, New Jersey and sponsors several oil and gas private placements and investments.

Ridgewood Energy issued a press release announcing that it had closed its latest private equity fund Ridgewood Energy Oil & Gas Fund III, L.P., its largest fund to date, with total capital commitments of more than $1.9 billion. The Fund is a continuation of Ridgewood Energy’s investment program focused on finding and developing oil in the deepwater Gulf of Mexico. Ridgewood Energy other offerings include Ridgewood Energy Bluewater Institutional Fund, LLC, Ridgewood Energy Bluewater Oil Fund II LLC, Ridgewood Energy Bluewater Oil Fund IV, LLC, Ridgewood Energy Oil & Gas Fund II, L.P., Ridgewood Private Equity Partners Energy Access Fund LLC.

Investors often do not understand the substantial risks of oil and gas private placements. As recently reported in Reuters, when offerings by Atlas Energy LP, another issuer of oil and gas private placements were analyzed, investors only get to see 65-70% of their capital actually put to work on oil and gas projects. Further, the returns on these projects had more in common with running profitable casinos than investments. Reuters found that slightly more than half of 43 private placements Atlas issued over the past three decades investors lost money or just broke even. While investors lost in more than half of the deals in 29 or 67% of those deals, Atlas actually out-performed their own investors.

Investors File Churning Complaints Against Broker Joel Benanti

March 23, 2016 | by Staff Attorney

The securities fraud lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Joel Benanti (Benanti). According to BrokerCheck records Benanti has been the subject of at least eight customer complaints. The customer complaints against Benanti allege a number of securities law violations including that the broker made unsuitable investments, unauthorized trading, and churning (excessive trading) among other claims.

The most recent complaint was filed in March 2015 and alleged churning and unsuitable trades from April 2013 through April 2014 causing $35,595 in damages. The complaint was settled.

When brokers engage in excessive trading, sometimes referred to as churning, the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

SEC Accuses American Growth Funding II and Brokerage Firm Portfolio Advisors Alliance of Securities Fraud

March 22, 2016 | by Staff Attorney

The securities fraud attorneys of Gana Weinstein LLP are investigating fraud charges by The Securities and Exchange Commission (SEC) against American Growth Funding II, LLC, Portfolio Advisors Alliance, Inc., Ralph C. Johnson (Johnson), Howard J. Allen III (Allen) and Kerri L. Wasserman (Wasserman) accusing the defendants of repeatedly lying to investors purchasing high-yield securities. Portfolio Advisors Alliance is the brokerage firm that acted as the placement agent for the fund. The SEC alleged that between March 2011 and December 31, 2013, the Fund sold approximately $8.6 million worth of its units to at least 85 investors.

According to the SEC American Growth Funding II and Johnson promised investors 12-percent annual returns and falsely claimed its financial statements were being audited each year. The Fund also made misrepresentations in offering documents about its management and concealed details about deteriorating loan values. The SEC also alleged that Portfolio Advisors Alliance and its owner Allen and president Wasserman knew the offering documents were inaccurate and yet continued using them to solicit sales of the Fund.

According to the SEC’s complaint a number of misrepresentations and omissions were made to investors including: (1) that the company represented in offering documents that its financial statements had been audited and would continue to be audited each fiscal year when Johnson knew this statement was false and no audit of the Fund’s financials occurred until 2014; (2) that the offering documents represented that the Fund was governed by a Board of Managers comprised of Johnson and two other individuals when the two individuals never agreed to serve; (3) that Johnson caused the Fund to send out monthly account statements to investors that concealed the precariousness of its business because the company could not have possibly paid investors their stated account balances; (4) that Allen became aware by no later than June 2012 that the Fund’s offering documents were not accurate but continued using them to solicit investors; and that Allen informed Wasserman that the Fund offering documents contained false information but Wasserman took no action and the firm’s brokers continued using misleading documents to solicit investors.

Credit Suisse X-Links and Velocity Shares ETN Investor Recovery Options

March 22, 2016 | by Staff Attorney

The investment attorneys of Gana Weinstein LLP are investigating investor claims of unsuitable investments in oil and gas related products such as exchange traded notes (ETNs), structured notes, MLPs, and leveraged ETFs. Some of the ETNs, leveraged ETNs, and structured products underwritten by Credit Suisse in the X-Links and Velocity Shares ETNs include:

Credit Suisse S&P MLP ETN (NYSE: MLPO)
Credit Suisse X-Links Commodity Benchmark ETN (NYSE: CSCB)