Securities Lawyers Blog

William Brunner Barred From Securities Industry After Allegations of Excessive Trading

October 10, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker William Brunner (Brunner) has been subject to five customer complaints, one bankruptcy, two regulatory actions, and one termination for cause. Brunner was formerly registered with Investment Planners, Inc. (Investment Planners) until May 2017. Many of the customer complaints against Brunner concern allegations of high frequency trading activity also referred to as churning, unauthorized trading, and unsuitable investments.

In April 2018 FINRA barred Brunner from the industry stating that Brunner consented to the sanction and declined to appear for on-the-record testimony requested by FINRA in connection with an investigation into excessive trading and use of discretion without written authorization in customers’ accounts. In May 2017 Investment Planners terminated Brunner claiming that allegations were made by a client concerning unauthorized trading.

In June 2017 a customer filed a complaint claiming that Brunner engaged in negligence, breach of fiduciary duty, churning, unauthorized trading, and unsuitable investments claiming $1,000,000 in damages. The claim was settled.

Hilltop Securities Advisor Walter Valenzuela Subject to Multiple Customer Complaints

October 10, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Walter Valenzuela (Valenzuela), currently employed by Hilltop Securities Inc. (Hilltop Securities) has been subject to at least seven customer complaint. According to records kept by The Financial Industry Regulatory Authority (FINRA), many of the complaints against Valenzuela concern excessive trading of unit investment trust (UITs) securities.

In July 2018 a customer complained that Valenzuela engaged in unsuitable recommendations, misrepresentation, and excessive trading involving UITs causing $3 million in damages. The claim is currently pending.

In August 2017 a customer complained of unsuitable recommendations, unsuitable use of margin, churning, financial exploitation, elder abuse and excessive mark-up/mark-down with respect to municipal bond and UIT trades executed in the account. The complaint also alleged that the representative failed to obtain proper breakpoint discounts for UIT purchases. The customer alleges $9.5 million in damages and the claim is currently pending

Erik Pica Subject to Multiple Customer Complaints Over Unauthorized Trading

October 8, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker Erik Pica (Pica) has been subject to three customer complaints. Pica is currently registered with Joseph Stone Capital L.L.C. (Joseph Stone). Many of the customer complaints against Pica concern allegations of high frequency trading activity also referred to as churning, unauthorized trading, unsuitable investments, and speculative investment strategies.

The last customer complaint occurred in May 2018 when a customer alleged unauthorized trading in Rite Aid and Valeant Pharmaceutical leading to $7,613 in damages. The claim is currently pending.

Also in May 2018 another customer alleged negligent supervision, overconcentration, and unsuitable investments causing $293,000 in damages. The claim is currently pending.

In March 2018 another customer alleged $500,000 after claiming that Pica engaged in unsuitable investments, churning, and other claims. The claim is currently pending.

Newbridge Securities Advisor Dana Davis Subject to Multiple Allegations of Excessive Trading

October 8, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker Dana Davis (Davis) has been subject to seven customer complaints and one termination for cause. Davis is currently employed by Newbridge Securities Corporation (Newbridge Securities). Many of the customer complaints against Davis concern allegations of high frequency trading activity also referred to as churning, unauthorized trading, and unsuitable investments.

In January 2018 a customer filed a complaint alleging misrepresentation, unsuitable and excessive trading, negligent supervision, and breach of fiduciary duty. The claim alleges $250,000 in damages and is currently pending.

In October 2011 a customer filed a complaint alleging excessive transactions claiming $9,078 in damages. The complaint was closed.

In September 2006 Davis was terminated from First Montauk Securities Corp. after allegations were made that Davis failed to follow procedures concerning unauthorized trading.

David Lerner Advisor Robert Cavanagh Subject to Multiple Customer Complaints

October 8, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Robert Cavanagh (Cavanagh), currently employed by David Lerner Associates, Inc. (David Lerner) has been subject to at least five customer complaints. According to records kept by The Financial Industry Regulatory Authority (FINRA), many of the complaints against Cavanagh concern allegations of unsuitable investments, breach of fiduciary duty, and fraud.

In July 2018 a customer complained that Cavanagh engaged in unsuitable investments, made misrepresentations, breached his fiduciary duty, was negligent, and committed fraud in connection with Puerto Rico and Rochester Bond Fund. The customer alleged $100,000 in damages and the claim is currently pending.

In July 2017 a customer alleged unsuitable investments and misrepresentations and omissions of information causing $160,000 in damages. The claim is currently pending.

Advisor David Barber Barred Over Unauthorized Trading

October 6, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor David Barber (Barber), formerly employed by Madison Avenue Securities, LLC (Madison Avenue) has been subject to five customer complaints, two regulatory actions, and one employment termination for cause. According to records kept by The Financial Industry Regulatory Authority (FINRA), most of a Barber customer complaints allege that Barber made unsuitable recommendations in equity securities.

In March 2018, FINRA sanctioned Barber and barred him from the industry. FINRA alleged that Barber failed to produce information and documents request by FINRA during the course of an ongoing examination to determine whether he engaged in unauthorized trading in the accounts of customers of his member firm, exercised discretion in customer accounts without written authorization, or otherwise acted in violation of FINRA rules.

In addition, in September 2011 Raymond James and Associates, Inc. (Raymond James) discharged Barber claiming that he was alleged to misappropriate funds from a client, engaged in outside business activities and selling away, and that the firm lost confidence in the broker.

Cetera Advisor’s Jerry Michna Alleged to Have Recommended Unsuitable Energy Securities

October 6, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Jerry Michna (Michna), employed by Cetera Advisor Networks LLC (Cetera Advisor), has been subject to two customer complaints. According to records kept by The Financial Industry Regulatory Authority (FINRA) Michna has been accused by a customer 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.

The claim was filed in July 2018 and alleges various energy sector equities purchased in 2013 and 2014 were unsuitable causing $250,000 in damages. The claim is currently pending.

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 Philip Nalesnik Terminated Over Outside Business Activity Violations

October 6, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) former advisor Philip Nalesnik (Nalesnik), formerly associated with LPL Financial, LLC (LPL Financial) in Pottsville, Pennsylvania was terminated by the firm. In July 2018 Nalesnik was discharged after the firm claimed that he was in violation of firm policy regarding outside business activities and failed to timely and completely respond to firm inquiries.

In addition, Nalesnik has several reported tax liens including a $4,573 lien in September 2017 and a $7,847.61 lien in July 2012.

At this time it is unclear the nature or scope of the alleged OBAs and if such activity included private securities transactions. Nalesnik’s public disclosures show that he operated Ridgeview Wealth Management a d/b/a entity. In addition, Nalesnik owned Integrated Insurance Management LLC.

Donald Woods Has Customer Complaints Over Alternative and Real Estate Investments

October 4, 2018 | by Staff Attorney

Former Thurston Springer Financial (Thurston Springer) advisor Donald Woods (Woods) has been subject to at least five customer complaints and one bankruptcy. According to a BrokerCheck report many of the customer complaints concern variable annuities or alternative investments and direct participation products (DPPs) such as non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have extensive experience handling investor losses caused by these types of products.

In August 2018 Woods filed for bankruptcy. A broker’s inability to manage their own finances is material information to investors in considering whether or not to use that person for financial advice. In addition, financial distress may cause an advisor to have a conflict of interest and recommend investments for their own profit rather than their client’s best interests.

The most recent complaint was filed in August 2018 excessive selling of variable annuities, misrepresentations, and failing to disclose material facts. The complaint alleges $153,554 in damages and is currently pending.

Centaurus Financial Advisor Cindy Chiellini Subject to Multiple Customer Disputes

October 4, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Cindy Chiellini (Chiellini), currently employed by Centaurus Financial, Inc. (Centaurus Financial) has been subject to four customer complaints. According to records kept by The Financial Industry Regulatory Authority (FINRA), most of Chiellini’s customer complaints allege that Barber made unsuitable recommendations in certain corporate debt or other securities.

Our firm has brought cases against brokers for misrepresenting the features of structured products or selling them as a bond alternative. Structured products are typically debt instruments where the payout is based on the underlying stock, equity index, currency, or any reference source. Many, but not all, structured products are advertised as having some principal protection component – meaning that the investor is guaranteed the return of some amount of their initial investment. However, studies have shown that structured products are often best used as a niche product for sophisticated investors employing complicated strategies. The typical investor cannot benefit from these products over traditional investments.

In August 2018 a customer alleged that investments in their account had less liquidity than they originally instructed the broker they desired resulting in a loss of principal. The complaint alleges $175,000 in damages and is currently pending.

In June 2018 a customer filed a complaint alleging that investments presented and executed by the broker were not suitable. The claim alleges $5,000 in damages and is currently pending.