Securities Lawyers Blog

Advisor Lester Burroughs Pleads Guilty to Converting Client Funds – Investor Recovery

February 17, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Lester Burroughs (Burroughs) is converted customer funds among other allegations. According to BrokerCheck records, Burroughs is formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm Lincoln Investment. In addition, Burroughs disclosed 17 customer complaints. If you have been a victim of Burroughs’ alleged misconduct our firm may be able to assist you in recovering funds.

According to news sources, Burroughs is facing up to 20 years in prison after pleading guilty to misappropriating $575,000 in client assets. Burroughs waived his right to be indicted and entered the plea in U.S. District Court of Connecticut as part of a deal in which he agreed to pay the full $575,000 in restitution to the victims of his crimes. It was alleged that Burroughs defrauded three clients in a Ponzi scheme from about 2012 to 2019. In addition, the U.S. Securities and Exchange Commission (SEC) announced separate civil charges against Burroughs stating that he misappropriated $560,000 after telling clients he would invest their money in guaranteed interest contracts with guaranteed returns of 4% or 7%. However, the SEC found that Burroughs instead used the money to pay his own expenses and the return funds to other clients.

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.

Berthel, Fisher Advisor William Sines Has Complaints Over Alternative Investment Sales

February 11, 2020 | by Staff Attorney

Advisor William Sines (Sines), currently employed by Berthel, Fisher & Company Financial Services, Inc. (Berthel Fisher) has been subject to at least four customer complaints during the course of his career. According to a BrokerCheck report the customer complaints concern alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have represented dozens of investors who suffered losses caused by these types of high risk, low reward products.

In July 2019 a customer complained that Sines violated the securities laws by alleging that Sines pressured her into liquidating an annuity which cost her thousands of dollars in surrender penalties and lost interest credit in order to invest her into a REIT which she feels was an inappropriate investment. The claim alleged $38,651 in damages and was closed.

In November 2017 a customer complained that Sines violated the securities laws by alleging that Sines recommended unsuitable investments. The claim settled for $19,737.

DDPs include products such as non-traded REITs, oil and gas offerings, equipment leasing products, and other alternative investments. These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure. Brokers selling these products are paid additional commission in order to hype these inferior quality investments providing a perverse incentives to create an artificial market for the investments.

Several studies have confirmed that Non-traded REITs underperform publicly traded REITs with some showing that Non-Traded REITs cannot even beat safe benchmarks, like U.S. treasury bonds. Brokers selling these products must disclose to the investor that non-traded REITs provide lower investment returns than treasuries while being high risk and illiquid – but almost never do. Because investors are not compensated with additional return in exchange for higher risk and illiquidity, these kinds of alternative investment products are rarely, if ever, appropriate for investors.

Advisor Lance Armstrong Terminated Over Client Loans – Investor Recovery

February 7, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Lance Armstrong (Armstrong) was terminated by his firm and then barred from the securities industry over allegations that he engaged in multiple loans with customers among other allegations. According to BrokerCheck records, Armstrong was formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm Raymond James Financial Services, Inc (Raymond James). If you have been a victim of Armstrong’s alleged misconduct our firm may be able to assist you in recovering funds.

In November 2019 FINRA barred Armstrong finding that Armstrong consented to the sanction and findings that he refused to appear for on-the-record testimony as requested by FINRA in connection with its investigation of his activities. FINRA stated that Armstrong’s member firm filed a Form U5, disclosing that it had discharged him after he solicited and accepted multiple loans from customers in connection with an undisclosed outside business activity.

According to Armstrong’s publicly disclosed records the only outside business activities disclosed including Coopcade Capital LLC and First Hope Bank. It is unclear at this time whether FINRA’s allegations concern these entities.

Investment Broker Vincent Mazza Barred By Securities Regulator

February 4, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Vincent Mazza (Mazza), formerly employed by National Securities Corporation (National Securities) has been subject to at least six customer complaints, six tax liens, and one regulatory action during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Mazza’s customer complaints alleges that Mazza recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In July 2019 FINRA filed a regulatory action againt Mazza alleging that Respondent Mazza failed to respond to FINRA’s request for information concerning his activities. The failure to respond to the requests resulted in an automatic bar from the securities industry.

Mazza also has six tax lien disclosures including a $123,222 lien from February 2014. The fact that a broker cannot manage his own personal finances is material information for a client to consider. In addition, the types of products clients have alleged were unsuitable are high commission products that may be recommended to generate high profits for the advisor at the expense of the client.

Dennis Nakamura Has Customer Complaints and Subject to Regulatory Bar

February 4, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Dennis Nakamura (Nakamura), formerly employed by McNally Financial Services Corporation (McNally Financial) has been subject to at least five customer complaints and one regulatory action during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Nakamura’s customer complaints allege that Nakamura recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In November 2019 FINRA barred Nakamura after finding that Nakamura consented to the sanction and findings that he refused to appear and provide on-the-record testimony requested by FINRA in connection to its investigation into whether he violated FINRA rules by making unsuitable investment recommendations to customers.

In July 2018 a customer complained that Nakamura violated the securities laws by alleging that Nakamura engaged in sales practice violations related to failure to disclose extent of risk, unauthorized trading, recommending unsuitable investments, breach of fiduciary duty, failure to supervise, churning, breach of contract and elder abuse. The claim alleged $491,861 in damages and settled for $300,000.

Advisor Gerald Eaton Terminated Over Misappropriating Investor Funds – Investor Recovery

February 3, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Gerald Eaton (Eaton) was terminated by his firm and then barred from the securities industry over allegations that he engaged in wrongful taking of customer funds among other allegations. According to BrokerCheck records, Eaton was formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm Commonwealth Financial Network (CommonWealth Financial). If you have been a victim of Eaton’s alleged misconduct our firm may be able to assist you in recovering funds.

In November 2019 FINRA barred Eaton finding that Eaton consented to the sanction and findings that he failed to provide documents and information requested by FINRA in connection with its investigation. FINRA stated that in the Form U5, Eaton’s member firm stated that the reason for the termination was that he fraudulently facilitated distributions from clients’ accounts without their knowledge or consent or for their benefit. Commonwealth discharged Eaton in October 2019 for forgery and the wrongful taking of property.

According to Eaton’s publicly disclosed records the only outside business activities disclosed including The Heritage Financial Group and subleasing office space. It is unclear at this time whether FINRA’s allegations concern these entities.

Advisor Kenneth Guerra Has Complaints Over Alternative Investment Sales

February 3, 2020 | by Staff Attorney

Advisor Kenneth Guerra (Guerra), currently employed by Independent Financial Group, LLC (Independent Financial) has been subject to at least two customer complaints, one financial disclosure, and one regulatory violation during the course of his career. According to a BrokerCheck report the customer complaints concern alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have represented dozens of investors who suffered losses caused by these types of high risk, low reward products.

In September 2019 a customer complained that Guerra violated the securities laws by alleging that Guerra engaged in sales practice violations related investments in high-risk alternative investments, resulting in a loss of some of their retirement assets. The claim alleges $100,000 in damages and settled for $25,000.

In March 2013 a customer complained that Guerra violated the securities laws by alleging that Guerra engaged in sales practice violations related to non-traded REITs purchased in 2007 through 2008 that were misrepresented and unsuitable. The claim alleges $80,000 in damages and settled for $60,000.

Heather Weber Has Customer Complaints Over Options Trading

January 31, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Heather Weber (Weber), currently employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) has been subject to at least ten customer complaints during the course of her career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Weber’s customer complaints alleges that Weber recommended unsuitable investments in options among other allegations of misconduct relating to the handling of their accounts.

In September 2019 a customer complained that Weber violated the securities laws by alleging that Weber engaged in sales practice violations related to unsuitable investment recommendations and misrepresentations concerning options. The claim alleges $350,000 in damages and is currently pending.

In May 2017 a customer complained that Weber violated the securities laws by alleging that Weber engaged in sales practice violations related to unsuitable investment recommendations and misrepresentation from February 2012 to June 2014. The claim alleged $1,000,000 in damages and settled for $92,500.

There are different risky strategies that can employ options trading. One such strategy is the use of the iron condor, which involves the purchase of multiple uncovered options versus safer covered options. When an option is covered the investor holds an offsetting stock position in the asset underlying the option. The stock position can help offset the risk of the short position of the option. However, with an uncovered option the investor has unmitigated risk. If the underlying stock substantially drops or increases in value for an uncovered position the investor have only two options. Either the investor has to let the options expire and lose the entire investment or buy the stock at a disadvantageous price.

James McKinney Under Investigation For Securities Laws Violations

January 28, 2020 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor James McKinney (McKinney), formerly employed by Cetera Advisors LLC (Cetera) has been subject to at least three customer complaints, three tax liens, and one regulatory action during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), McKinney’s customer complaints alleges that McKinney recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In November 2019 FINRA filed a regulatory action against McKinney alleging that he was named a respondent in a FINRA complaint alleging that he failed to comply with FINRA requests for information, documents and on-the-record testimony in connection with an investigation of him for possible violations of FINRA rules. If McKinney does not respond to the investigation the usual outcome is a bar from the securities industry.

McKinney also has three tax lien disclosures including a $622,351 lien from June 2017. The fact that a broker cannot manage his own personal finances is material information for a client to consider. In addition, the types of products clients have alleged were unsuitable are high commission products that may be recommended to generate high profits for the advisor at the expense of the client.

Advisor Victor Agnihotri Under Investigation for Conversion of Funds

January 28, 2020 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Pratul Victor Agnihotri (Agnihotri) is under investigation for conversion of customer funds among other allegations. According to BrokerCheck records, Agnihotri is currently registered with The Financial Industry Regulatory Authority (FINRA) member firm SW Financial. In addition, Agnihotri disclosed three customer complaints and one civil judgment. If you have been a victim of Agnihotri’s alleged misconduct our firm may be able to assist you in recovering funds.

In October 2019 FINRA initiated an investigation concerning Agnihotri conduct related to FINRA’s preliminary determination to recommend that disciplinary action be brought against Agnihotri for potential violations including conversion of investor funds, engaging in an outside business activity without providing prior written notice to his FINRA member employer firms.

In October 2019 a customer complained that Agnihotri violated the securities laws by alleging that Agnihotri engaged in sales practice violations related to unauthorized trading, selling away, breach of fiduciary duty, and negligence. The claim alleges $650,000 in damages and is currently pending.

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.