Securities Lawyers Blog

Michael Stanton Subject to Multiple Customer Complaints Over Securities Trading

October 1, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Michael Stanton (Stanton), currently employed by Worden Capital Management LLC (Worden Capital) has been subject to at least four customer complaints, two regulatory complaints, and nine financial disclosures and or tax and civil liens. According to records kept by The Financial Industry Regulatory Authority (FINRA), Stanton’s customer complaints allege that Stanton recommended unsuitable securities and engaged in excessive trading and churning among other allegations of misconduct in the handling of customer accounts.

In November 2016 Stanton was named a respondent in a FINRA complaint alleging that he and his member firm failed to establish, maintain, and enforce a reasonable supervisory system to prevent a registered representative from churning and excessively trading a customer’s brokerage accounts. FINRA alleged that Stanton and the firm failed to adequately investigate red flags demonstrating that the registered representative was churning the customer’s accounts. FINRA found that Stanton and the firm also failed to adequately investigate that the registered representative engaged in aggressive, “in-and-out” trading for no apparent reason – the hallmark of excessive trading and churning. Stanton was suspended for seven months and fined $5,000 as a result.

Advisor Kerry Hoffman Subject to SEC Securities Fraud Complaint Over GT Media Investment

September 30, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Kerry Hoffman (Hoffman) engaged in undisclosed outside business activities (OBAs) and investment sales that were not approved by his brokerage firm. Hoffman, formerly registered with LPL Financial LLC (LPL Financial) and Union Capital Company (Union Capital) was subject to charges of securities fraud by The Securities and Exchange Commission (SEC) according to records kept by The Financial Industry Regulatory Authority (FINRA). In addition, Hoffman disclosed two customer complaints and three employment termination for cause.

In July 2019 the SEC charged Hoffman along with Thomas Conwell (Conwell) for fraudulently selling securities to retail investors. The SEC’s complaint alleges that from July 2015 through July 2018, Conwell and Hoffman raised over $3.3 million from approximately 46 investors through the sale of unregistered GT Media, Inc. securities. The SEC alleged that Conwell is no stranger to securities fraud and was previously enjoined by the SEC and criminally convicted for stealing money from investors. In the case of GT Media, the SEC alleged that investors received numerous false representations including that two Fortune 500 companies were seeking to acquire GT Media and that GT Media would soon conduct an initial public offering. The SEC claims that Conwell misappropriated $161,500 from investors for his his personal expenses. The SEC also alleged that Hoffman solicited advisory clients to invest in GT Media securities without disclosing his financial conflicts of interest, including his compensation from GT Media and his short-term loans to GT Media that were repaid using investor funds.

Advisor Richard Braverman Has Complaints Over Alternative Investments

September 29, 2019 | by Staff Attorney

Advisor Richard Braverman (Braverman), currently employed by Geneos Wealth Management, Inc. (Geneos Wealth) has been subject to at least five customer complaints during the course of his career. According to a BrokerCheck report the customer complaints mostly 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 represented investors who suffered losses caused by these types of products.

In August 2018 a customer complained that Braverman violated the securities laws by alleging that the investments were subject to unsuitable recommendations, breach of fiduciary duty and failure to adequately disclose the risks in real estate investments and direct investments interests purchased between March of 2008 and November of 2015. The claim is currently pending.

In July 2017 a customer complained that Braverman violated the securities laws by alleging that the investments were subject to unsuitable recommendations of an oil & gas investment in June 2008. The claim sought $47,000 in damages and was denied by the firm.

In September 2008 Braverman was permitted to resign from FSC Securities Corporation (FSC) over allegations that he violated the firm’s policies with respect to non-traded REITs.

Centaurus Financial Broker David Crane Subject to Multiple Tax Liens

September 29, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP is reporting on public disclosures on advisor David Crane (Crane), currently registered with Centaurus Financial, Inc. (Centaurus Financial) out of Dacula, Georgia. According to a BrokerCheck report, Crane has been subject to at least one customer dispute. In addition, Crane disclosed five tax liens during his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Crane’s customer complaint concerns over variable annuity sales practices.

In March 2018 Crane disclosed a $131,644 tax lien against him. Prior to that, in November 2010 Crane disclosed a $34,101 tax lien against him. Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts. FINRA discloses information concerning a broker’s financial condition because a broker’s inability to handle their own personal finances has also been found to be material information in helping investors determine if they should allow the broker to handle their finances.

In July 2004 a customer alleged that Crane provided negligent investment advice and breached his fiduciary duty concerning the purchase of a variable annuity. The amount of damages was not specified. The claim was settled for $225,000.

Advisor Michael Sims Alleged to Have Recommended Unsuitable Energy Securities

September 27, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Michael Sims (Sims), formerly employed by Wedbush Securities Inc. (Wedbush Securities), 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) Sims 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 August 2019 a customer filed a complaint alleging that Sims violated the securities laws by engaging in, among other violations, excessive trading, inappropriate investments, mismanagement of account, excessive commissions and lack of supervision. The claim alleges $250,000 and is currently pending.

In January 2019 a customer filed a complaint alleging that Sims violated the securities laws by engaging in, among other violations, unsuitability, breach of fiduciary duty of loyalty, negligence, negligent misrepresentation, breach of contract, material omissions and misrepresentations in connection with the sale of securities, fraud and deceit based on concealment and violations of Federal statutes, California laws and FINRA Rules and. The claim alleges $2.7 million and settled for $702,600.

Our firm handles claims and is also investigating securities claims against brokerage firms over sales practices related to the recommendations of oil & gas and commodities products such as exchange traded notes (ETNs), structured notes, private placements, master limited partnerships (MLPs), leveraged ETFs, mutual funds, and individual stocks.

Advisor John Boatright Subject to Complaints Over Unsuitable Investments

September 26, 2019 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are currently investigating customer complaints against broker John Boatright (Boatright), formerly associated with Newbridge Securities Corporation (Newbridge Securities) out of Duluth, Georgia. According to a BrokerCheck report, Boatright has been subject to at least three customer disputes and one large tax lien during his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Boatright’s recent customer complaints concern allegations of unsuitable investment recommendations.

In May 2018 a customer alleged that Boatright made unsuitable recommendations and provided negligent investment advice. The customer requested $46,000 in damages. This dispute is still pending.

In May 2018 Boatright disclosed a $22,813 tax lien against him. Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts. FINRA discloses information concerning a broker’s financial condition because a broker’s inability to handle their own personal finances has also been found to be material information in helping investors determine if they should allow the broker to handle their finances.

Broker Sergio Rovner Subject to Multiple Investment Complaints

September 26, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are currently investigating claims against broker Sergio Rovner (Rovner), currently associated with Aegis Capital Corp. (Aegis) out of New York, New York. According to a BrokerCheck report, Rovner has been subject to at least six customer disputes and two regulatory actions during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), the customer complaints against Rovner concern allegations of unauthorized trading, unsuitable investments, and misrepresentations among other claims.

In February 2018 a customer filed a complaint alleging that Son executed unauthorized trades in the customer’s account and made unsuitable investment recommendations. The customer requested $32,398 in damages. The claim settled for $12,635.

In December 2005 FINRA found that Rovner violated NASD Rules 2110 and 2310 by engaging in excessive trading and unsuitable investments. Without admitting or denying the allegations, Rovner consented to the described sanctions and to the entry of the findings. Rovner was fined $10,000 and suspended for 30 days.

Advisors are not allowed to engage in unauthorized trading. Such trading occurs when a broker sells securities without the prior authority from the investor. All brokers are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b). These rules explicitly prohibit brokers from making discretionary trades in a customers non-discretionary accounts. The SEC has also found that unauthorized trading to be fraudulent nature because no disclosure could be more important to an investor than to be made aware that a trade will take place.

Broker Marc Korsch Subject to Multiple Investment Complaints

September 25, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are investigating broker Marc Korsch (Korsch), currently associated with Centaurus Financial, Inc. (Centaurus Financial) out of Sarasota, Florida and Port Charlotte, Florida. According to a BrokerCheck report, Korsch has been subject to at least three customer disputes, one financial disclosure, and one criminal matter during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), the customer complaints against Korsch concern allegations of unsuitable investment recommendations and misrepresentations.

In June 2019 a customer alleged that from August 2014 through May 2019, Korsch misrepresented the features of real estate securities and provided misleading information causing $53,000 in damages. This dispute is currently pending.

In April 2018 a customer alleged that Korsch made an unsuitable recommendation of annuity switches. The claim alleged $55,000 in damages and settled for $8,000.

In February 2017 a customer filed a complaint alleging that Korsch and his previous member firm, Trustmont Financial Group, Inc. (Trustmont Financial), violated the securities laws by, among other things, engaging in common law fraud, unsuitable investments, failure to supervise, and misrepresentations causing $500,000 in damages. The FINRA arbitration panel ordered Trustmont Financial to pay the customer $848,002 in compensatory damages, $100,000 in punitive damages, $15,596 in costs, and $82,500 in attorneys fees.

Broker Nick Son Subject to Complaints Over Unauthorized Trading

September 25, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims against broker Nick Son (Son), currently associated with Aegis Capital Corp. (Aegis) out of New York, New York. According to a BrokerCheck report, Son has been subject to at least seven customer disputes during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Son’s customer complaints concern allegations of unauthorized trading, unsuitable investments, and misrepresentations among other claims.

In February 2018 a customer filed a complaint alleging that Son violated the securities laws by making unauthorized trading and unsuitable investment recommendations. The customer requested $224,968 in damages. The dispute is currently pending.

In April 2016 a customer alleged that in March 2016, Son engaged in high pressure sales tactics and misrepresentations causing $65,984 in damages. The claim was denied.

Advisors are not allowed to engage in unauthorized trading. Such trading occurs when a broker sells securities without the prior authority from the investor. All brokers are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b). These rules explicitly prohibit brokers from making discretionary trades in a customers non-discretionary accounts. The SEC has also found that unauthorized trading to be fraudulent nature because no disclosure could be more important to an investor than to be made aware that a trade will take place.

Broker Mel Hertz Has Several Suitability Complaints

September 24, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are investigating claims against advisor Mel Hertz (Hertz), currently registered with The Strategic Financial Alliance, Inc. (Strategic Financial) out of Kailua, Hawaii. According to a BrokerCheck report, Hertz has been subject to at least three customer complaints and one investigation. According to records kept by The Financial Industry Regulatory Authority (FINRA), the complaints against Hertz concern allegations of unsuitable investment recommendations.

In May 2018 Hertz was investigated by the State of Hawaii over allegations of his unsuitable investment recommendations. This investigation is currently pending.

In April 2018 a customer filed a complaint alleging that from April 2013 through April 2018 Hertz engaged in unsuitable investments and misrepresentations causing $133,000 in damages. The customer also alleged that Hertz failed to properly monitor third-party managed account. This dispute is still pending.

In April 2013 a customer alleged that Hertz made unsuitable alternative investments of direct participation products (DPPs) and real estate securities causing in damages. The claim settled for $150,000.