Securities Lawyers Blog

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.

Christopher Hibbard Accused of Misappropriating Client Funds

October 3, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) former advisor Christopher Hibbard (Hibbard), formerly associated with Merrill Lynch, Pierce, Fenner & Smith, Incorporated (Merrill Lynch) in Louisville, Kentucky was terminated for cause by Merrill Lynch in January 2018 after the firm made allegations that Hibbard engaged in conduct including unauthorized transactions and theft. Thereafter, in February 2018 Hibbard was barred by FINRA for failing to respond to the regulatory requests for information. In April 2018 it was disclosed that an investigation of Hibbards activities had been opened by the United States Attorney’s Office, Western District of Kentucky. The investigation involves the unauthorized use of client funds by Hibbard during his employment with Merrill Lynch. In addition, eight customers have brought complaints against Hibbard alleging misappropriation of funds.

The allegations concerning conversion are often accompanied by claims of engaging in outside business activtiies and private securities transactions – a practice known in the industry as “selling away” – a serious violation of the securities laws.

Merrill Lynch Broker Charles Kenahan Subject to Multiple Complaints Over Unsuitable Investments

October 3, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merill Lynch) broker Charles Kenahan (Kenahan). According to BrokerCheck Records held by the Financial Industry Regulatory Authority (FINRA), Kenahan has been subject to four customer disputes, three of which are still pending. The majority of these disputes concern unsuitable investment recommendations and excessive trading of the customer account.

In May 2018, a customer alleged that from 2012 to 2017, Kenahan excessively traded the funds in the customer account and also unsuitably recommended investments to the customer. The customer has requested $700,000 in damages. This dispute is currently still pending.

In March 2018, a customer alleged that from February 2012 to December 2017, Kenahan excessively traded customer funds, misrepresented the nature of the investments, and unsuitably recommended the investments to the customer. This dispute is currently still pending.

In February 2018, a customer alleged that from December 2007 to February 2018, Kenahan had placed the customer into unsuitable investments and excessively traded the customer’s funds in the account. This dispute is currently still pending.

In August 2009, a customer alleged that from December 2007 to February 2018, Kenahan recommended investments that were unsuitable to the customer and excessively traded the account. The customer requested $148,353 in damages.

Geneos Wealth Broker Bradley Tennison Barred for Selling Away Practices

October 3, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP have currently been investigating previously registered broker Bradley Tennison (Tennison). According to BrokerCheck Records kept by the Financial Industry Regulatory Authority (FINRA), Tennison was barred from the financial industry due to a customer complaint alleging Tennison’s selling away activities during his employment at Geneos Wealth Management Inc (Geneos Wealth). In addition, Tennison has been subject to two other customer disputes and termination from employment at two firms.

In January 2018, the customer alleged that in January 2016, Tennison recommended the client to wire $300,000 of her funds into “The Joseph Project” away from the member firm, with a promise of a 5% enhancement. Geneos Wealth had no record of such investment, and the customer never received any statements or return on the principal of the investment. Subsequently after, in April 2018, Geneos Wealth discharged Tennison from employment after failing to locate any record of investment and for being unable to retrieve information from Tennison regarding the investment. This complaint is currently still pending.

Shortly after, in July 2018, Tennison was barred from the financial industry for failing to show up to on-the-record testimony regarding the selling away allegations of “The Joseph Project” at Geneos Wealth. By failing to provide information and show up to the testimony, Tennison was in violation of FINRA Rules 8210 and 2010. Without admitting or denying the findings, Tennison consented to the sanction and to the entry of findings.

In addition, Tennison has been subject to two preceding customer disputes. In March 2010, a customer alleged that Tennison placed the Continue Reading

American Finance Trust Inc. (AFIN) – Investor Recovery Options

October 1, 2018 | by Staff Attorney

The attorneys of Gana Weinstein LLP have reported on the many failings of the non-traded real estate investment trust (Non-Traded REIT) industry for years. One of the common myths is that these products (such as Behringer Harvard, Cornerstone, Inland and KBS) only failed because of the financial crisis and the decline in the real estate industry. The truth is these expensive and inefficient products never make sense to invest in.

Proving this to be the case is American Finance Trust Inc., (AFIN) which was sold in 2013 by Schorsch affiliated entities. When American Finance recently went public approximately $1 billion of the company’s claimed value was wiped out exposing investors to massive losses that had long been hidden by the complex and opague ways the Non-Traded REIT industry operates.

The company itself published its own “estimated per share” net asset value of $23.56, only slightly less than the $25 per share that investors spent to acquire it just the month before. When AFIN went public it traded as low as $14.80 with a market capitalization of about $1.6 billion – a 40% loss.

As regulators continue to turn their attention to this product and the industry works to lower commissions that brokers earn on this product the truth is now starting to come out. Brokers have been essentially bribed with 7% commissions for over a decade to sell worthless and inferior products. Now that commissions have declined sales have plummeted as the pressure to sell Non-Traded REITs dissipates.

Advisor Suhail Khan Barred by Securities Regulator

October 1, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) former advisor Suhail Khan (Khan), formerly associated with LPL Financial, LLC. (LPL Financial) in Chicago, Illinois was barred by FINRA. In August 2017 Khan failed to respond to requests by FINRA for documents and information.

Thereafter, in May 2018 a customer filed a complaint alleging that between 2013 and 2017, the advisor recommended unsuitable, speculative investments in the advisor’s own business, a hedge fund, oil and gas partnerships, and a real estate investment trust and that some of these investments were unregistered securities.

At this time it is unclear the nature or scope of the alleged OBAs and/or private securities transactions that Khan may have been involved in. Khan’s disclosures state a number of OBAs including Omni Casualty and Property Insurance and SK Associates Financial.

Kenny Kim Has Numerous Customer Complaints Over Alternative Investments

October 1, 2018 | by Staff Attorney

Former Sandlapper Securities, LLC (Sandlapper) and Independent Financial Group, LLC (Independent Financial) broker Kyusun “Kenny” Kim (Kim) has been subject to at least 23 customer complaints and one regulatory action. According to a BrokerCheck report many of the customer complaints concern 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 June 2018 FINRA barred Kim from the securities industry after making findings of unsuitable recommendations to numerous senior customers to concentrate their retirement assets and liquid net worth in speculative and illiquid securities. FINRA found that Kim recommended customers to invest in speculative and illiquid investments that were inconsistent with the customers’ moderate or conservative investment objectives and risk tolerances. FINRA found that these recommendations caused Kim’s customers to have an undue concentration of the customers’ retirement assets and liquid net worth in speculative and illiquid investments. FINRA also found that Kim falsified client information on important forms by entering inaccurate and inflated net worth, liquid net worth, and investment experience figures for certain customers so that they appeared eligible to purchase speculative investments.