Securities Lawyers Blog

Gana LLP Investigates Regulatory and Investor Complaints Against Broker Glenn King

January 4, 2016 | by Staff Attorney

The securities fraud attorneys of Gana Weinstein LLP are investigating potential recovery options for investors with broker Glenn King (King). Recently The Financial Industry Regulatory Authority (FINRA) brought an enforcement action (FINRA No. 2015044444801). In addition, to the FINRA complaint, King’s BrokerCheck disclosures reveal an astonishing number of reported incidents including 1 investigation, 19 customer complaints, 1 firm termination, 2 financial disclosures – which includes a bankruptcy filing, and 1 judgement or lien.

The FINRA complaint alleges that from April 2008 through March 2011, while King was associated with brokerage firm Royal Alliance Associates, Inc. (Royal Alliance), King made fraudulent misrepresentations and omissions to seven Royal Alliance customers in connection with the sale of Unit Investment Trusts (UITs). FINRA found that King misrepresented to the customers that he would use their investment funds to purchase safe, no-risk bonds, and that King would not charge fees or commissions for the transactions. ln reality, King was alleged to have purchased 44 UITs that resulted in approximately $17,000 in realized losses to the customers, approximately $43,000 in unrealized losses, and approximately $38,000 in commissions to King.

FINRA also alleged that from January 2013 through December 2014, while King was associated with Buckman, Buckman & Reid (BBR), King engaged in a pattern of short-term trading in long-term investment products in the accounts of four customers. FINRA alleged that the pattern of trading was excessive and unsuitable, and resulted in approximately $163,000 in losses to the customers while profiting King by generating commissions of approximately $210,000.

Investor Recovery Options for EV Energy Partners LP (EVEP) Losses

January 3, 2016 | by Staff Attorney

The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to unsuitable recommendations to investor in oil and gas and commodities related investments. EV Energy Partners LP (Ticker Symbol: EVEP) is a Master Limited Partnership (MLP). EV Energy Partners has declined 88% in value from its 52-week high and is trading at only $2.64 a share. EV Energy Partners business focuses in the oil and gas production sector.

About 86% of the total MLP securities market, a $490 billion sector, can be attributed to energy and natural resource companies. Since January 2013, over 30 new MLPs have entered the market. During 2014, 11 oil and gas MLP offerings generated proceeds of $5.1 billion. In recent years these investments have boomed and profited from the low interest rate environment coupled with favorable oil prices. These investments are often pitched to investors as generating income from consistent cash flow streams. In addition, these investments may also be pitched as growth opportunities from companies looking to grow their businesses and increase their distributions.

However, brokers that have recommended MLPs to investors may have made unsuitable recommendations based upon the yields of these investments rather than the risk to principal. Over the past year MLPs have been hammered due to weaknesses in oil and gas and commodities markets.

Broker Investigation: Wells Fargo Advisor Robert Giusti

January 3, 2016 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating customer complaints against broker Robert Giusti (Giusti). There are at least 4 customer complaints against Giusti and one civil action. The customer complaints against Giusti allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, negligence, and excessive trading among other claims.

The most recent complaint was filed in April 2015 and alleged unsuitable investments and excessive trading among other claims for investments made between 2010 through June 2015 causing the investor $1,326,374 in damages. A civil judgment was filed against Giusti in April 2015 for $1,100,000. Another complaint filed in January 2012 alleged unsuitable investments and unauthorized use of margin funds causing $45,000.

Giusti entered the securities industry in 1995. From November 2006 through June 2009, Giusti was associated with Citigroup Global Markets Inc. Thereafter, from June 2009 through September 2009, Giusti was briefly associated with Morgan Stanley Smith Barney. From August 2009 until December 2013, Giusti was associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated. Finally, since December 2013, Giusti has been registered with Wells Fargo Advisors, LLC out of the firm’s New York, New York office location.

Claren Road Asset Management LLC Fund Investor Recovery Options

January 2, 2016 | by Staff Attorney

The investment attorneys of Gana Weinstein LLP are investigating potential recovery options for investors in the Claren Road Asset Management LLC fund (Claren Road), managed by Carlyle Group LP (Carlyle Group). According to sources, the global long / short hedge fund, has faced a flood of investors heading for the exit doors causing the firm to issue IOUs and promises of partial redemptions. In total the fund that once had assets under management of $8.5 billion has lost the confidence of the vast majority of its clients having lost all but $1.25 of the former amount. The fund is run in part out of London by Martin Bercetche.

According to news sources, the hedge fund invested in corporate debt and credit derivatives had an unusual short bias by betting that bond prices would fall and interest rates would rise. The fund’s large exposure to bankruptcy troubled entities Fannie Mae and Freddie Mac has hurt the portfolio. The funds losses may be caused by having the right idea at the wrong time. Interest rate rises in the U.S. might have not occurred in 2015 as the investments needed.

The fund’s withdrawal woes began to be reported in July 2015 by the Wall Street Journal reporting that the consultant, Cliffwater LLC recommended that its clients with about $800 million invested in Claren Road comprising at that time 14% of Claren Road’s total assets under management bale on the fund. From the article, the reason for the recommendation wasn’t clear although it was noted that Claren Road’s flagship fund lost 10%.

Stone Lion Capital Partners Investor Recovery Options

January 2, 2016 | by Staff Attorney

The investment attorneys of Gana Weinstein LLP are investigating potential recovery options for investors in the Stone Lion Capital Partners (Stone Lion). According to the Wall Street Journal, Stone Lion suspended redemptions in its credit high yield related hedge funds after many investors sought to redeem their investments. Stone Lion was founded in 2008 by Gregory Hanley and Alan Mintz. The fund is now facing heavy losses on distressed junk bonds, post reorganization equities, and other specialized investments. According to Stone Lion, suspending redemptions was the only way to ensure fair and equitable treatment for the fund’s investors. In addition, Stone Lion manages several funds including another fund that has bet on Puerto Rico debt that also bears watching as the island continues to default on its debts.

Stone Lion’s fund freeze follows several others in the high yield space that our firm is tracking including the Third Avenue Focused Credit Fund and Claren Road Asset Management LLC. The recent closures are nearly unprecedented in the hedge-fund industry since the end of the financial crisis and shows the difficulty facing traders looking to sell risky and hard to value positions.

Stone Lion’s hedge funds are down about 7% through the end of July. At that time the fund cut off prospective investors from receiving updates. Since that time the funds have continued to suffer significant losses and documents examined by the Wall Street Journal indicate the funds manage 24% less now than from July 2015.

Investor Recovery Options for LinnCO LLC (LNCO) Losses

December 31, 2015 | by Staff Attorney

The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to unsuitable recommendations to investor in oil and gas and commodities related investments. LinnCO LLC (Ticker Symbol: LNCO) is a Master Limited Partnership (MLP). LinnCO has declined 91.7% in value from its 52-week high and is trading at only $1.21 a share. LinnCO business focuses in the oil and gas production sector.

About 86% of the total MLP securities market, a $490 billion sector, can be attributed to energy and natural resource companies. While MLPs have the same liquid trading characteristics as common stocks they are very different from typical stock investments. For instance, MLP’s are pass through investment vehicles, that is they pass through the income to the investor without any company level taxation. In addition, while there is no set payout level required to be adhered to by the company, unlike real estate investment trusts (REITs), MLP’s must derive 90% of their revenues from natural resources activities. However, most MLP’s do pay out most of their earnings through distributions causing company growth to come through the issuance of more debt and shares.

However, brokers that have recommended MLPs to investors may have made unsuitable recommendations based upon the yields of these investments rather than the risk to principal. Over the past year MLPs have been hammered due to weaknesses in oil and gas and commodities markets.

SEC Files Complaint Against Former Edward Jones Broker Bernard Parker For Stealing Client Funds

December 31, 2015 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating customer complaints against broker Bernard Parker (Parker). The Securities and Exchange Commission (SEC) announced fraud charges against Parker, a former broker with Edward Jones through his DBA Parker Financial Services located in Indiana, Pennsylvania. Parker has been accused of raising at least $1.2 million of investor money that was in reality used to remodel his house and pay other bills among other uses.

The SEC alleged that Parker raised more than $1.2 million from his brokerage customers and others who Parker told were purchasing real estate tax lien certificates that would earn returns of 6-9% annually. Specifically, Parker told prospective investors that Parker Financial Services would use funds to purchase tax liens placed by municipalities on properties primarily in Florida, Arizona, and Colorado. However, the SEC found that Parker pooled the money he raised into several bank accounts and routinely deposited only a portion of the money into a bank account and took the remainder in cash for himself.

The SEC alleged that Parker only used a small amount of investor funds to purchase tax liens and instead used their money to remodel his home, make car payments, and pay bills for his father-in-law. For instance, according to the SEC Parker withdrew more than $650,000 in investor funds in cash from teller transactions, ATM withdrawals, and checks. Parker additionally spent approximately $197,000 of investor money in other transactions, $150,000 through personal checks, and $169,000 for online bill payments. In total Parker made approximately $188,000 in interest payments to earlier investors in an effort to keep his investment scheme from being discovered.

Recovery Options For Investors of Zachary Bader’s Churning and Unsuitable VIX Trading

December 30, 2015 | by Staff Attorney

The securities fraud attorneys of Gana Weinstein LLP are investigating potential recovery options for investors with broker Zachary Bader (Bader). Recently The Financial Industry Regulatory Authority (FINRA) brought an enforcement action (FINRA No. 20130363873) which resulted in a permanent bar form the securities industry. The complaint alleged that from February 2012 through July 2013, Bader engaged in excessive trading (churning) in three customer accounts with a reckless disregard for the interests of those customers. FINRA also alleged that from March 2012 through January 2013, Bader made unsuitable recommendations of a complex Exchange Traded Note (ETN), the iPath S&P 500 VIX Short Term Futures ETN (VXX) to 21 customers without a reasonable basis to believe that the ETN was suitable for at least some investors.

Bader entered the securities industry in 2011 with brokerage firm Brookstone Securities, Inc. From February 2012 until August 2013, Bader was associated with Craig Scott Capital, LLC. Thereafter, from August 2013 until August 2013, Bader was associated with National Securities Corporation out of the firm’s Melville, New York office location.

As a background, when brokers engage in 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.

Investor Recovery Options for Hi-Crush Partners (HCLP) Losses

December 30, 2015 | by Staff Attorney

The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to unsuitable recommendations to investor in oil and gas and commodities related investments. Hi-Crush Partners (Ticker Symbol: HCLP) is a Master Limited Partnership (MLP). Hi-Crush Partners has declined 85.6% in value from its 52-week high and is trading at only $5.81 a share. Hi-Crush Partners business focuses in the fracking sand production sector.

About 86% of the total MLP securities market, a $490 billion sector, can be attributed to energy and natural resource companies. MLPs contain significant risks. MLPs tend to fluctuate wildly with the price of oil and gas. For example in 2008, when oil plummeted in the wake of the great recession the AMZ MLP Index declined by 36.9% in a single year. In addition, MLPs often grow their distributions at an accelerated rate in their first two years in order to attract positive research reports from Wall Street analysts. The increased distributions and positive reports serve to drive the stock price higher even though the long term yield of these MLPs are speculative and unknown.

However, brokers that have recommended MLPs to investors may have made unsuitable recommendations based upon the yields of these investments rather than the risk to principal. Over the past year MLPs have been hammered due to weaknesses in oil and gas and commodities markets.

Investor Recovery Options for New Source Energy Partners (NSLP) Losses

December 29, 2015 | by Staff Attorney

The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to unsuitable recommendations to investor in oil and gas and commodities related investments. New Source Energy Partners (Ticker Symbol: NSLP) is a Master Limited Partnership (MLP). New Source Energy Partners has declined 99.6% in value from its 52-week high and is trading at only $.04 a share. New Source Energy Partners business focuses in the oil and gas production sector.

About 86% of the total MLP securities market, a $490 billion sector, can be attributed to energy and natural resource companies. There are about 130 MLPs trading on major exchanges that focus on energy related industries and natural resources. These companies have sprung up from the need for new energy infrastructure for the production and delivery of natural gas and crude oil from shale reserves.

However, brokers that have recommended MLPs to investors may have made unsuitable recommendations based upon the yields of these investments rather than the risk to principal. Over the past year MLPs have been hammered due to weaknesses in oil and gas and commodities markets.