Securities Lawyers Blog

Strategic Student & Senior Housing Trust Investors Suffer Losses – Investment Attorneys

June 8, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating recommendations by brokerage firms for their clients to invest in Strategic Student & Senior Housing Trust (SSSHT) – a non-traded real estate investment trust (non-traded REIT). Strategic Student & Senior Housing Trust has stopped distributing a dividend leaving investors with no returns for the time being. As is too common in the brokerage industry, firms fail to understand the flawed non-traded REIT business model and only recommend these products for their 7% commissions – not because they benefit investors.

Strategic Student & Senior Housing Trust has been particularly hard hit in the recent recession due to the nature of its investments properties. Strategic Student and Senior Housing Trust is a public, non-traded REIT focused exclusively on assets in the student housing and senior housing areas. The fund is premised on investing in two areas “with strong demographic drivers from college students and baby boomers” according to its website.

The fund states that SSSHT intends to take advantage of the growing demand for recession-resistant asset classes and desirable demographic trends. The REIT states that it believes that SSSHT can provide stability, diversification, income, and potential growth over the long-term.

However, in an April 2020 prospectus update, Strategic Student & Senior Housing Trust stated that it incurred a net loss of approximately $19.6 million for the fiscal year ended December 31, 2019. Further, the REITs accumulated losses are approximately $41.8 million as of December 31, 2019. Moreover, due to the current recession the REIT suspended its primary offering while still early in its acquisition stage. Strategic Student & Senior Housing Trust warned that its operations may not be profitable in 2020.

Further Strategic Student & Senior Housing Trust investors are now trapped in the REIT when in March 2020, when the REIT’s board of directors determined to suspend the share redemption program with respect to common stockholders effective as of May 3, 2020. The REIT stated that until it can establish a net asset value per share it was not currently possible to determine accurately redeem or sell shares.

Moody National REIT II Investors Suffer Losses – Investment Attorneys

June 8, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating recommendations by brokerage firms for their clients to invest in Moody National REIT II (Moody REIT) – a non-traded real estate investment trust (non-traded REIT). According to secondary market quotes, Moody National REIT II has suffered massive losses and may only be worth less than 50 cents for every dollar purchased. In addition, Moody National REIT II no longer distributes a dividend. As is too common in the brokerage industry, firms fail to understand the flawed non-traded REIT business model and only recommend these products for their 7% commissions – not because they benefit investors.

Moody REIT has been particularly hard hit in the recent recession due to the nature of its investments properties. Moody National REIT II, Inc. was formed in July 2014 to acquire a portfolio of hospitality properties (a/k/a hotels and resorts) focusing primarily on the select-service segment of the hospitality sector with premier brands including, but not limited to, Marriott, Hilton and Hyatt.

According to the investments’ Fact Sheet, Moody REIT’s objectives are to “Preserve, protect and return stockholders’ capital contributions. Pay regular cash distributions to stockholders. Realize capital appreciation upon the ultimate sale of the real estate assets acquired by Moody National REIT II, Inc.”

However, according to filings with the SEC, on March 24, 2020, the Company’s board of directors approved the suspension of: (1) the sale of shares in Moody REIT; (2) the payment of distributions to the company’s stockholders; (3) reinvestments; and (4) the operation of the share redemption program.

Our firm often handles cases involving direct participation products (DPPs), private placements, Non-Traded REITs, and other alternative investments. These products are almost always unsuitable for middle class investors. In addition, the brokers who sell them are paid additional commission in order to hype inferior quality investments providing perverse incentives for brokers to sell high risk and low reward investments.

Hospitality Investors Trust Investors Suffer Losses – Investment Attorneys

June 7, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating recommendations by brokerage firms for their clients to invest in Hospitality Investors Trust – a non-traded real estate investment trust (non-traded REIT). Hospitality Investors Trust REIT, formerly known as American Realty Capital Hospitality Trust, originally sold shares for $25.00. As of December 31, 2019, the fund has approved an estimated net asset value per share of $8.35 as massive loss to initial investors. Even worse, secondary market trading sources cite a far smaller value at only $.75 a share – implying that the trading markets anticipate that Hospitality Investors Trust is virtually worthless.

Hospitality Investors Trust states that it is a publicly registered non-traded real estate investment trust (REIT) which owns a diversified portfolio of strategically-located hotel properties throughout North America within the select service and full-service markets of the hospitality sector.

Even prior to the recent recession and COVID-19 related market issues, Hospitality Investors Trust suspended the company’s share repurchase program effective February 28, 2019. Thus, well before recent market events investors could not redeem their shares even at the prices the fund stated the investment was worth.

Recently, the REIT stated that “the Company has the responsibility to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about its ability to meet its obligations arising within one year after the date that the financial statements are issued. Due to the existence of certain events of default under the Company’s debt obligations…the Company is unable to conclude with certainty that it is probable that it will be able to meet its obligations arising within twelve months of the date of issuance of these financial statements…” In other words, Hospitality Investors Trust REIT is questionable as a going concern at this point.

Broker Eladio Santiago Subject to Customer Complaints Over Investment Recommendations

May 29, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Eladio Santiago (Santiago), currently employed by Cambridge Investment Research, Inc. (Cambridge Investment) has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Santiago’s customer complaints alleges that Santiago recommended unsuitable investments and account mismanagement among other allegations of misconduct relating to the handling of their accounts.

In February 2020 a customer complained that Santiago violated the securities laws by alleging that from 2014 through the present the broker made unsuitable investments and engaged in mismanagement with respect to recommendations and handling of accounts. The claim is currently pending.

In August 2019 a customer complained that Santiago violated the securities laws by alleging that from November 2012 through October 2018 the broker made unsuitable investments and engaged in mismanagement with respect to recommendations and handling of accounts. The claim is currently pending and alleges $350,000 in damages.

Duff & Phelps Select Energy MLP Fund – Investor Loss Recovery

May 29, 2020 | by Staff Attorney

The investment attorneys of Gana Weinstein LLP are investigating investor claims of unsuitable investments in oil and gas related products. Our firm is currently representing a number of investors who lost substantial savings due to poor advice to concentrate holdings in speculative commodities investments like master limited partnerships (MLPs). Duff & Phelps Select Energy MLP and Midstream Energy Fund Inc. (NYSE: DSE) is a mutual fund that invests primarily in MLPs.

In the past year the Duff & Phelps Select Energy MLP has returned a -91% return as of March 31, 2020. In fact, in mid-2015 the fund had a price as high a $14.18 a share and has fallen all the way to a low of $.2 a share.

As a background, MLPs are publicly traded partnerships. 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.

Wall Street loves MLPs because they provide high yields to investors and require companies to pay Wall Street in order to continue to grow. In 2013 banks earned fees of $890.3 million from MLP issuance. Bloomberg quoted an analyst stating that “MLPs are Wall Street’s dream,” because “[t]hey’re fee machines.” Naturally, in order to entice investors to continue to invest in MLPs Wall Street pumps up MLPs every chance they get. According to Bloomberg, in May 2014 “[a]nalysts predict that 93 of the 114 MLPs in existence will rise in value in the next year…” Astonishingly, “all but five MLPs are recommended by the majority of the analysts who cover them.” At that time professionals without conflicts called MLPs “the next great investment debacle” and warned that “many MLP shareholders…may not understand what they’ve gotten into.”

Stifel, Nicolaus Advisor Steven Rodemer Barred From Industry Over Misappropriation of Funds

May 27, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Steven Rodemer (Rodemer) has been accused by his former employer and a financial regulator of taking money from a client account for his personal use among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Rodemer was terminated by his prior employer, Stifel, Nicolaus & Company, Incorporated (Stifel, Nicolaus) concerning his theft and misappropriation of client funds. If you have been a victim of Rodemer’s alleged misconduct our firm may be able to assist you in recovering funds.

In December 2019 Stifel, Nicolaus terminated Rodemer after alleging that he took money from a client account for his personal use without authorization.

Thereafter, in March 2020, FINRA brought a regulatory action and fount that Rodemer consented to sanctions and findings that he refused to provide on-the-record testimony requested by FINRA during its investigation into the conduct disclosed in a Form U5 submitted by his member firm. FINRA determined that the firm submitted the Form U5 terminating Rodemer for taking money from a client account for his personal use without authorization.

Transamerica Advisor Gautam Arora Terminated Over Unapproved Securities Sales

May 27, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Gautam Arora (Arora) has been accused by his former employer engaging in unapproved investments among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Arora was terminated by his prior employer, Transamerica Financial Advisors, Inc. (Transamerica Financial) concerning his promissory note sales. If you have been a victim of Arora’s alleged misconduct our firm may be able to assist you in recovering funds.

In December 2019 Transamerica Financial terminated Arora after alleging that firm received information indicating that the representative solicited various individuals to participate in unapproved investments away from the firm. The firm further alleged that the representative entered into lending arrangements and promissory notes with these individuals without receiving prior approval from the firm.

Arora’s outside business activities disclosed on his publicly available BrokerCheck report include World Financial Group, Inc., Real estate broker, and Keller William Realty.

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 Robert Buffington Accused of Churning by Multiple Clients

May 26, 2020 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker Robert Buffington (Buffington), formerly associated with Aegis Capital Corp. (Aegis Capital), has been subject to at least four customer complaints during his career. Several of those complaints against Buffington concern allegations of high frequency trading activity also referred to as churning or excessive trading among other securities laws violations.

In March 2020 a customer complained that Buffington violated the securities laws by alleging that Buffington engaged in sales practice violations related to unsuitability, breach of contract, and breach of fiduciary duty. The claim is currently pending and seeks $642,224 in damages.

In January 2020 a customer complained that Buffington violated the securities laws by alleging that Buffington engaged in sales practice violations related to unsuitability, churning, common law fraud, breach of contract, and breach of fiduciary duty. The claim is currently pending.

In January 2020 a customer complained that Buffington violated the securities laws by alleging that Buffington engaged in sales practice violations from November 2018 through the date of filing related to unsuitability, churning, common law fraud, breach of contract, and breach of fiduciary duty. The claim is currently pending.

Next Financial Group Advisor Brian Radoo Terminated Over Undisclosed Business Activities

May 26, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Brian Radoo (Radoo) has been accused by his former employer engaging in unapproved outside business activities and by a client for selling a non-approved investment among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Radoo was terminated by his prior employer, Next Financial Group, Inc. (Next Financial) concerning his outside business activities. If you have been a victim of Radoo’s alleged misconduct our firm may be able to assist you in recovering funds.

In April 2020 a customer complained that Radoo violated the securities laws by alleging that Radoo engaged in sales practice violations related to offering the investor an investment in an unapproved outside business activity that involved a cannabis cultivation company. Claimant states that the firm, failed to supervise the representative’s outside business activity. The claim is currently pending.

In December 2019 Next Financial Investments terminated Radoo after alleging that he engaged in unreported, unapproved outside business activities.

Radoo’s outside business activities disclosed on his publicly available BrokerCheck report include Energy Consulting, Legal Cannabis Cultivation, and real estate rental properties.

NYLife Securities Advisor Felix Chu Barred By Regulatory Over Promissory Notes

May 25, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Felix Chu (Chu) was investigated by a securities regulator for selling promissory notes to clients among other allegations. According to records kept by The Financial Industry Regulatory Authority (FINRA) Chu left his prior employer, NYLife Securities, LLC (NYLife Securities) prior to several customer complaints concerning the sale of promissory notes. If you have been a victim of Chu’s alleged misconduct our firm may be able to assist you in recovering funds.

In December 2019 FINRA sent Chu requests for information concerning his activities. Chu failed to respond to the requests and was automatically barred from the brokerage industry.

In October 2019 a customer complained that Chu violated the securities laws by alleging that Radoo engaged in sales practice violations related investments beginning in March 2016 until September 2018, she and her late husband were misled into purchasing promissory notes for $305,000. Plaintiff further alleges that they were misled into remitting a check for $75,000 to purchase what they believed to be additional insurance. The claim is currently, pending and the the investors are seeking compensatory damages in excess of $380,000, lost income, interest, punitive damages and attorneys’ fees.

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.