Securities Lawyers Blog

Advisor Anthony Joslin Subject to Regulatory and Customer Complaints

December 12, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Anthony Joslin (Joslin), currently employed by Garden State Securities, Inc. (Garden State Securities) has been subject to at least eight customer complaints, one employment termination for cause, and two regulatory actions during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Joslin’s customer complaints alleges that Joslin recommended unsuitable investments, negligence, and breach of fiduciary duty among other allegations of misconduct relating to the handling of their accounts.

In June 2014 the State of Massachusetts brought a regulatory action against Joslin alleging that he has been subject to eight customer complaints and contributed $103,000 towards the settlement of complaints. Further, Joslin resigned while under investigation from the Grayson Financial, LLC brokerage firm under allegations that he misappropriated proprietary information from the firm. Further, the state found that Joslin had been subject of an NASD action due to his failure to supervise and prevent violations of the securities laws by those under his supervision. The state of Massachusetts placed Joslin under heightened supervision for 3 years.

In June 2019 a customer complained that Joslin violated the securities laws by alleging violations of the securities laws including breach of fiduciary duty, fraud, and negligence. The claim alleges $300,763 in damages and is currently pending.

Advisor Timothy Atyeo Alleged to Have Recommended Unsuitable Energy Securities

December 10, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Timothy Atyeo (Atyeo), currently employed by Oppenheimer & Co. Inc. (Oppenheimer), has been subject to at least four customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA) Atyeo has been accused by multiple customers of unsuitable investment advice concerning various investment products including energy stocks most likely including master limited partnerships (MLPs). The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to recommendations to investor in oil and gas and commodities related investments.

In July 2019 a customer filed a complaint alleging that Atyeo violated the securities laws by engaging in, among other violations, negligence, breach of fiduciary duty, misrepresentations, and over concentration and speculative trading in the energy sector. The claim alleges $1,100,000 in damages and is currently pending.

In June 2017 a customer filed a complaint alleging that Atyeo violated the securities laws by engaging in, among other violations, too much risk and lack of diversification from 2014 through 2017 causing $4,000,000 in damages. The claim was denied by the firm.

Advisor Darren Kubiak Suspended by FINRA and Has Complaint Over GPB Capital

December 10, 2019 | by Staff Attorney

Our firm represents multiple clients who have collectively lost millions in the sale of fraudulent GPB Capital Holdings (GPB Capital) related investments. Our firm has analyzed the GPB Capital offerings and believe that brokerage firms did not review these offerings in any significant detail. Any serious due diligence would have revealed that GPB Capital was an investment fraud scheme.

Advisor Darren Kubiak (Kubiak), according to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA), has been accused of selling GPB Capital. Kubiak is formerly registered with member firm Kalos Capital, Inc. (Kalos Capital). In addition, Kubiak disclosed three total customer complaints and one FINRA regulatory action. If you have been a victim of Kubiak’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA alleged in a regulatory filing that Kubiak consented to sanctions and findings that he recommended the purchase of leveraged and inverse exchange traded funds (LIETFs) to customers without having a sufficient understanding of the risks and features associated with the LIETFs. FINRA found that Kubiak failed to have a reasonable basis to make these recommendations. In addition, according to FINRA Kubiak recommended these customers purchase LIETFs then held them for an average of 722 days causing Kubiak’s customers to incur approximately $98,000 in losses. FINRA found that Kubiak failed to perform reasonable due diligence and accordingly did not understand that LIETFs are generally expected to lose value over time and that losses are compounded because of daily resets.

Broker Nicholas Schiano Subject to Customer Complaints Over Investment Recommendations

December 9, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Nicholas Schiano (Schiano), currently employed by Spartan Capital Securities, LLC (Spartan Capital) has been subject to at least two customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Schiano’s customer complaints allege that Schiano recommended unsuitable investments, and committed negligence, misrepresentations, and breach of fiduciary duty among other allegations of misconduct relating to the handling of their accounts.

In April 2019 a customer complained that Schiano violated the securities laws by alleging misrepresentations, negligence, and breach of fiduciary duty resulting in $208,000. The claim settled for $32,500.

In August 2017 a customer complained that Schiano violated the securities laws by alleging unsuitable transactions causing $128,541 in damages. The claim settled for $35,000.

Leon Almeida Discharged By NYLife Over Securities Sales Practices

December 9, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Leon Almeida (Almeida), formerly employed by MML Investors Services, LLC (MML Investors) has been subject to four customer disputes and one criminal matter during his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), the customer complaints against Almeida concerns allegations over variable annuity sales practices.

In August 2019 a customer complained that Almeida violated the securities laws by alleging that Almeida sold him a new variable annuity in 2016, which was misrepresented, after first advising him that the company that held his existing account wouldn’t be remaining in business. The claim is currently pending.

In March 2019 a customer complained that Almeida violated the securities laws by alleging that that the AIG Variable Annuity Almeida sold to him in 2018 was an inappropriate investment and he would like his money returned. The claim was withdrawn.

In January 2019 a customer complained that Almeida violated the securities laws by alleging that the VAs Almeida sold to him in 2018 were misrepresented and he wants his investment returned. The claim settled for $19,038.

Advisor Luke Johnson Accused of Selling Fraudulent GPB Capital Investments

December 8, 2019 | by Staff Attorney

Our firm represents multiple clients who have collectively lost millions in the sale of fraudulent GPB Capital Holdings (GPB Capital) related investments. Our firm has analyzed the GPB Capital offerings and believe that brokerage firms did not review these offerings in any significant detail. Any serious due diligence would have revealed that GPB Capital was an investment fraud scheme.

Advisor Luke Johnson (Johnson), according to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA), has been accused of selling GPB Capital. Johnson is currently registered with member firm Coastal Equities, Inc. (Coastal Equities). In addition, Johnson disclosed seven total customer complaints. If you have been a victim of Johnson’s alleged misconduct our firm may be able to assist you in recovering funds.

Our firm’s investigation has found that brokerage firms failed to conduct due diligence and investigate multiple aspects of GPB Capital’s business including its senior management, fantastical business claims, and intra-fund lending practices. For instance, with respect to GPB Capital’s senior management the company was founded by David Gentile (Gentile). Had brokerage firms investigated GPB Capital’s senior manager it would have found that prior to founding GPB Capital, Gentile’s experience was as a CPA and company advisor with the accounting practice his family ran at Gentile Pismeny & Brengel, LLP (GP&B) in New York. Nonetheless, GPB’s PPMs claimed expertise in these areas. GPB Holdings II, LP, PPM, pg. 9 (Apr. 13, 2015) (“GPB’s senior management have a great deal of experience investing in the Automotive Retail, Managed IT Services and Life Sciences sectors.”).

LPL Financial Broker Steven Case Has Complaints Over Alternative Investments

December 8, 2019 | by Staff Attorney

Advisor Steven Case (Case), currently employed by LPL Financial LLC (LPL Financial) has been subject to at least two customer complaints during the course of his career. According to a BrokerCheck report some of the customer complaints concerns 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 witnessed a spike in clients needing representations concerning these alternative investment programs that produce profits only for broker-dealers at the expense of their clients.

In May 2019 a customer complained that Case violated the securities laws by alleging poor investment advice concerning the purchase of three alternative investment products. The is currently pending.

In October 2012 a customer complained that Case violated the securities laws by alleging that Case made unsuitable investment recommendations in non-traded REITs. The claim was settled by the firm for $20,000.

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. Continue Reading

Advisor Timothy Johnson Accused of Diverting Client Funds – Recovery Options

December 7, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Timothy Johnson (Johnson) was discharged by his employer after being accused of diverting client funds. According to BrokerCheck records, Johnson is formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm MML Investors Services, LLC (MML). In addition, Johnson disclosed one regulatory complaint. If you have been a victim of Johnson’s alleged misconduct our firm may be able to assist you in recovering funds.

In July 2019 MML discharged Johnson after alleging that he was terminated in connection with an investigation into the registered representative’s diversion of customer funds for his own use.

In September 2019 FINRA filed a regulatory action alleging that Johnson consented to the sanction and findings that he failed to provide documents and information requested by FINRA during the course of an investigation into the allegations made concerning his termination. FINRA’s suspension will automatically become a bar if Johnson fails to respond.

Advisor Christopher Watkins Subject to Employment Termination and a Customer Complaint

December 7, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Christopher Watkins (Watkins), currently employed by Silver Oak Securities, Incorporated (Silver Oak Securities) has been subject to at least one employment termination for cause and one customer complaint during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Watkins’ customer complaint alleges that Watkin recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In November 2018 Watkins’ then employer, LPL Financial LLC (LPL Financial), discharged Watkins claiming that he facilitated the distribution of advisory fee monies to an unregistered person.

In August 2019 a customer complained that Watkins violated the securities laws by alleging violations of the securities laws including unsuitable investments involving REITs and energy investments. The claim alleges $115,000 in damages and is currently pending.

Advisor Michael Carter Accused of Misappropriating Client Funds – Recovery Options

December 2, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Michael Carter (Carter) was discharged by his employer after being accused of misappropriating client funds. According to BrokerCheck records, Carter is formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm Morgan Stanley. In addition, Carter disclosed three customer complaints related to misappropriating funds. If you have been a victim of Carter’s alleged misconduct our firm may be able to assist you in recovering funds.

In July 2019 Morgan Stanley discharged Carter after alleging that he was terminated after allegations of misappropriation of funds occurred.

In September 2019 FINRA filed a regulatory action alleging that Carter consented to the sanction and findings that he failed to provide documents and information requested by FINRA during the course of an investigation after FINRA received a tip relating to allegations of misconduct made by Morgan Stanley.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling fraudulent 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.