Securities Lawyers Blog

Advisor Christopher Roumayeh Sanctioned Over Undisclosed Investments – Investor Recovery Options

September 14, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Christopher Roumayeh (Roumayeh) has been accused by a financial regulator of engaging in undisclosed outside business activities (OBAs) and private securities transactions among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Roumayeh was employed by his prior employer Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) prior to being investigated concerning his activities. If you have been a victim of Roumayeh’s alleged misconduct our firm may be able to assist you in recovering funds.

In May 2020, Roumayeh was sanctioned by FINRA which found that he consented to sanctions and the findings that he engaged in outside business activities without providing prior written notice to his member firm. FINRA found that Roumayeh and a firm customer purchased a franchise involved in the professional video gaming industry. FINRA alleged that Roumayeh managed the franchise’s day-to-day operations, formed corporate entities related to the franchise’s operations, served as an officer and director for them, and solicited prospective investors in the franchise. Roumayeh further is alleged to have concealed his relationship with the entities by forming them in his wife’s name and named her as the sole authorized representative on an entity’s bank account.

In addition, FINRA also found that Roumayeh engaged in other OBAs such as forming and managing a separate limited liability company that he purchased commercial real estate through. Roumayeh then is alleged to have made false statements to the firm on annual compliance questionnaires concerning his outside business activities. Finally, FINRA also found that Roumayeh participated in a private securities transaction by soliciting and facilitated the investment of a publicly-traded company in the franchise. Roumayeh’s is alleged to have participated in identifying other potential investors, responding to questions from the company during its due diligence, and negotiating the terms and structure of the company’s investment. To facilitate the company’s $5.5 million investment, FINRA claims that Roumayeh formed a new holding company that he sold and issued shares of preferred stock to the company through.

Shane Appelbaum Has Investor Complaint Over Fixed Income Sales

September 14, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Shane Appelbaum (Appelbaum), currently employed by Herbet J. Sims & Co, Inc. (Herbert J. Sims) has been subject to at least two customer complaints and one criminal matter during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), one of Appelbaum’s customer complaints likely involves the sale of structured products. The complaint alleges that Appelbaum recommended unsuitable investments in what are referred to as CDs issued by several banks.

In February 2020 a customer complained that Appelbaum violated the securities laws by alleging that Appelbaum made unsuitable sales of $75,000 in a Bank of America CD purchased in Oct. 2014, maturing 2030 and a $240,000 Citibank CD purchased in Jan. 2014, maturing 2034 purchased for the partnership which is beneficially owned by an elderly husband and wife. The claim alleges $86,864.90 and is currently pending.

In June 2018 a customer complained that Appelbaum violated the securities laws by alleging that Appelbaum’s investment recommendations involved unsuitable trades, negligence, fraud, and misrepresentation. The claim was settled for $40,000.

Structured products range in risk from benign to extreme. However, most structured products produce inferior risk/return profiles than ordinary debt or equity instruments because the brokerage firms that issue these products seek to profit from the spread between the payment to investors and the amount of money the brokerage firm can make from the issuance. When dealing with some of the more complex structured products most investors will lack the ability to understand the merits of investments nor are many structured products appropriate for investors seeking a fixed or reliable income and preservation of capital.

RW Holdings NNN REIT Suffer Losses – Investment Attorneys

August 10, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating recommendations by brokerage firms for their clients to invest in RW Holdings NNN REIT Inc., formerly known as Rich Uncles NNN REIT Inc.,- a non-traded real estate investment trust (non-traded REIT). RW Holdings originally sold shares for $10.00. The fund claims to have an estimated net asset value per share of $6.00. However, secondary market trading would likely value this REIT substantially lower in value.

As a background, RW Holdings NNN REIT’s real estate portfolio totals 2.4 million square feet, 45 properties divided into 19 retail properties, 14 office properties, and 12 industrial properties located in 14 states. The portfolio also includes approximate 72.7 percent tenant-in-common interest in an office property in Santa Clara, California.

In May 2020 The REIT said that it was suspended its offering and its plans to declare a revised net asset value per share later that month, as well as a revised distribution rate. RW Holdings expected that both will be lower due to the impact of the COVID-19 pandemic.

In a statement the REIT claimed “Given our inability to collect 100 percent of contractual rents, we are re-evaluating our current distribution rate…,”

More recently, the REIT published the new share valuation showing substantial losses and write downs and reduced its dividend ratio from $0.7 shares per ordinary share to $0.35 shares – a substantial decline.

Advisor James Parrelly Accused of Churning and Sanctioned By Financial Regulator

August 10, 2020 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker James Parrelly (Parrelly), formerly associated with Investment Planners, Inc. (Investment Planners), has been subject to at least eight customer complaints, three regulatory complaints, and one employment termination for cause during his career. Several of those complaints against Parrelly concern allegations of high frequency trading activity also referred to as churning or excessive trading among other securities laws violations.

In June 2020, Parrelly was terminated by Investment Planners which alleged that at time of his resignation Parrelly was on heightened supervision and was engaging or had engaged in activities in violation of firm policies and/or FINRA rules, including: (1) use of personal email and texts to communicate with firm clients regarding their accounts; (2) failing to abide by terms of his heightened supervision plan (by continuing to use his personal email and texts and by not providing copies of his personal emails and texts to the firm); and (3) unauthorized trading. Parrelly then resigned in response to the anticipated commencement of an internal review into his activities.

In May 2020, FINRA suspended Parrelly finding that he consented to findings that he executed discretionary transactions in the securities account of a customer pursuant to the customer’s prior verbal authorization, but without written authorization from the customer or written approval from his member firm.

In April 2019 a customer complained that Parrelly violated the securities laws by alleging that Parrelly engaged in sales practice violations related to churning, negligence of duty and unsuitable investments. The claim is currently pending and seeks $500,000 in damages.

Advisor William Morrow Accused by Over a Dozen Investors of Selling Unsuitable Alternative Investments

August 4, 2020 | by Staff Attorney

Advisor William Morrow (Morrow), currently employed by Concorde Investment Services, LLC (Concorde Investment) and formerly employed by Independent Financial Group, LLC (Independent Financial) has been subject to at least 14 customer complaints and one employment termination for cause during the course of his career. According to a BrokerCheck report the customer complaints concerns alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, tenant-in-common programs, and private placements. Morrow runs his securities business through a d/b/a called Financial Designs, LTD. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

In May 2020 a customer complained that Morrow violated the securities laws by alleging that Morrow engaged in sales practice violations related to engaging in investments were high risk and not in line with their stated objectives and risk tolerance. The claim alleges $100,000 in damages and is currently pending.

In February 2015 a customer complained that Morrow violated the securities laws by alleging that Morrow engaged in sales practice violations related to engaging in unsuitable investments, common law fraud, and other violations in the sale of a tenant in common investment purchased in 2006. The claim alleged $730,000 damages and settled for $100,000.

The Parking REIT Update – Investment Loss Recovery Options

August 4, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP continue to investigate and represent investors who lost money in The Parking REIT (formerly known as the MVP REIT II) a non-traded real estate investment trust (Non-Traded REIT). The Parking REIT claims to own parking lots and that an investment in the REIT provides benefits including, low operating and maintenance costs, potential for long-term capital appreciation, redevelopment opportunities, a fragmented Industry, and heavy demand.

Several years ago the board of The Parking REIT announced that it would be suspending the company’s distributions. The Board claimed that the move would preserve capital in order to maintain sufficient liquidity to continue to operate the business and maintain compliance with debt covenants.

In a letter dated April 13, 2020, The Parking REIT provided more bad news for investors. The company stated that “The company faces significant legal expenses related to pending lawsuits, an SEC investigation, and legal and consulting fees in connection with our exploration of potential strategic alternatives to provide liquidity to stockholders.” Further, in order for the directors and officiers to protect themselves from increasing threates of liability the REIT paid “directors & officers liability insurance premiums added approximately $2.0 million to our general and administrative expenses in 2019.” In addition, the REIT announced that “increasing expenses and general economic conditions are expected to prohibit The Parking REIT management and board of directors from considering a reinstatement of common stock and preferred stock distributions for the foreseeable future.”

Finally, the REIT claimed that no liquidity event may occur stating “there can be no assurance that the company will cause a liquidity event to occur in the near future or at all.”

Advisor Arthur Hoffman Barred Over Zima Global Ventures Fraud – Investor Recovery Options

August 3, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Arthur Hoffman (Hoffman) has been accused by a financial regulator of engaging in the fraudulent sale of securities among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Hoffman was employed by his prior employer Ameriprise Financial Services (Ameriprise) prior to being investigated concerning his activities. If you have been a victim of Hoffman’s alleged misconduct our firm may be able to assist you in recovering funds.

In June 2020, a customer filed a complaint alleging that Hoffman recommended the claimants invest $172,688.03 in Zima Global Ventures, LLC a/k/a Zima Digital Assets, an alleged fraudulent Ponzi scheme. The claim is currently pending.

In May 2020, Hoffman was barred by FINRA which found that he consented to sanctions and the findings that he failed to provide documents and information requested by FINRA. The findings stated that FINRA opened an investigation in response to a disclosure filed by Hoffman’s member firm, which stated that Hoffman had been suspended related to outside business activities and private securities transactions.

In May 2020 Hoffman was terminated by Ameriprise after the firm claimed that he terminated for company policy violations related to outside business activities and private securities transactions.

Michael Burkoff Has Investor Complaint Over Structured Products Sales

June 30, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Michael Burkoff (Burkoff), currently employed by National Securities Corporation (National Securities) has been subject to at least four customer complaints and one criminal matter during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Burkoff’s one of customer complaints alleges that Burkoff recommended unsuitable investments in various investments such structured products among other allegations of misconduct relating to the handling of their accounts.

In December 2019 a customer complained that Burkoff violated the securities laws by alleging that Burkoff engaged in sales practice violations related to unsuitable trading and breach of fiduciary duty relating to the sale of structured products. The claim alleges $150,000 and is currently pending.

In August 2015 a customer complained that Burkoff violated the securities laws by alleging that Burkoff engaged in sales practice violations related to poor advice. The claim was denied by the firm.

Structured products range in risk from benign to extreme. However, most structured products produce inferior risk/return profiles than ordinary debt or equity instruments because the brokerage firms that issue these products seek to profit from the spread between the payment to investors and the amount of money the brokerage firm can make from the issuance. When dealing with some of the more complex structured products most investors will lack the ability to understand the merits of investments nor are many structured products appropriate for investors seeking a fixed or reliable income and preservation of capital.

Advisor Robert Gianchiglia Has Customer Complaints Over Private Placements and Alternative Investments

June 30, 2020 | by Staff Attorney

Advisor Robert Gianchiglia (Gianchiglia), currently employed by USA Financial Securities Corporation (USA Financial) has been subject to at least six customer complaints and two criminal complaints during the course of his career. According to a BrokerCheck report several of the customer complaints concern alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

In November 2019 a customer complained that Gianchiglia violated the securities laws by alleging that Gianchiglia engaged in sales practice violations related to misrepresentations in the sale of private placement. The claim alleges $200,000 and is currently pending.

In March 2017 a customer complained that Gianchiglia violated the securities laws by alleging that Gianchiglia engaged in sales practice violations related to misrepresentations, unsuitable trading, breach of fiduciary duty, and failure to supervise relating to DPPs. The claim settled for $45,000.

In November 2014 a customer complained that Gianchiglia violated the securities laws by alleging that Gianchiglia engaged in sales practice violations related to misrepresentations and breach of fiduciary duty relating to DPPs. The claim settled for $14,995

According to BrokerCheck, Gianchiglia operates through several d/b/a entities including Financial Resource Partners, Edia-Eastern Dental Insurance Agency, and PIAM among other business related disclosures.

Advisor Bryan Benson Has Customer Complaint Over Alternative Investments

June 29, 2020 | by Staff Attorney

Advisor Bryan Benson (Benson), formerly employed by Wells Fargo Clearing Services, LLC (Wells Fargo) has been subject to at least one customer complaint and one regulatory action during the course of his career. According to a BrokerCheck report the customer complaint concerns alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

In April 2020 FINRA barred Benson after he consented to sanctions and findings that he refused to provide information and documents that were requested by FINRA in connection with an investigation into an investment-related customer complaint. It is unclear the nature of the FINRA complaint that led to Benson’s bar from the industry

In April 2017 a customer complained that Benson violated the securities laws by alleging that Benson engaged in sales practice violations related to unsuitable investments concerning DPPs and limited partnership interests. The claim settled for $415,000.