Securities Lawyers Blog

Aeon Capital Broker Wayne Miller Suspended by FINRA for Failure to Supervise

September 19, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Aeon Capital Inc (Aeon Capital) broker Wayne Miller (Miller). According to BrokerCheck Records held by the Financial Industry Regulatory Authority (FINRA), Miller has been subject to three customer disputes, a regulatory action, and a financial action.

In December 2017, FINRA suspended Miller for failing to properly supervise his firm’s chief compliance officer (CCO) and direct supervisor as the member firm’s president. Miller also failed to respond to red flags that the system of supervision was deficient and that the CCO was not properly supervising the registered representatives of the firm. During the time, a registered representative at the firm was employing an unsuitable “swing trade” strategy by excessively trading mutual fund “A” shares in customer accounts. The CCO informed Miller that one of the registered representatives of the firm was excessively trading mutual fund “A” shares in customer accounts, and Miller did not contact the mutual fund customers – which could’ve led him to learn about 11 of the other affected customers. Miller also failed to properly supervise the CCO – who demonstrated her difficulty with analyzing the firm’s trade blotter and mutual fund switch reports even with the help of a compliance consultant. Consequently, Miller incurred a fine of $10,000 and was suspended for 6 months.

In addition, Miller has been subject to multiple customer complaints. In August 2018, a customer alleged that Miller misrepresented investments, over-concentrated the customer account, breached fiduciary contract and duty, and was negligent with the customer funds. The case was settled at $95,000.

Broker Adam Goodman Subject to Multiple Customer Complaints Alleging Unauthorized Trades

September 19, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP are currently investigating Stoever, Glass & Company Inc. (Stoever, Glass & Company) broker Adam Goodman (Goodman). According to BrokerCheck Records held by the Financial Industry Regulatory Authority (FINRA), Goodman has been subject to three customer disputes, one of which is still pending. The majority of these disputes concern the misrepresentation of investments and unauthorized trading of customer accounts.

Most recently, in April 2018, a customer alleged that Goodman engaged in numerous fraudulent practices, not limited to high pressure sales practices, unsuitable investment recommendations, and negligence with customer accounts. The customer has requested $25,000 in damages. This dispute is currently still pending.

In August 2017, a customer alleged that from 2013 to 2017, Goodman executed unauthorized trades in the customer account and over-concentrated investments. The case was settled at $21,000 in damages.

In December 2016, a customer alleged that Goodman falsely represented the nature of investments to the customer and executed trades in the account without the customer’s prior authorization. The case settled at $50,000 in damages.

Unauthorized trading occurs when a broker sells securities without the prior consent from the investor. All brokers, who do not have discretionary authority to trade an account, are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b). Under the NASD Conduct Rule 2510(b), a broker is prohibited from trading in a non-discretionary customer account without prior written authorization from the customer. Unauthorized trading is a type of investment fraud because the Securities Exchange Commission (SEC) has found that disclosures of trades being made are essential and material to an investor. Unauthorized trading is often a gateway violation to other securities violations including churning, unsuitable investments, and excessive use of margin. Continue Reading

Bryan Musso Subject to Unsuitable Oil and Gas Investment Complaints

September 12, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP have been investigating Wells Fargo Clearing Services, LLC (Wells Fargo) broker Bryan Musso (Musso). According to BrokerCheck Records kept by the Financial Industry Regulatory Authority (FINRA), Musso has been subject to six customer disputes, one of which is still pending. The majority of these disputes concern unsuitable investment recommendations in retirement plans and in oil and gas securities. 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.

Most recently, in December 2017, Musso was subject to a customer dispute in which a customer alleged that Musso placed the customer in unsuitable oil and gas securities. This dispute is currently still pending.

In May 2011, a customer alleged that Musso made poor, unsuitable retirement plan recommendations and placed the customer into unsuitable investments. The case was settled at $445,220.

Broker Robert Ginsberg Subject to Pending Complaint in Unsuitable REITs

September 12, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Woodbury Financial Services, Inc. (Woodbury Financial) broker Richard Ginsberg (Ginsberg). According to BrokerCheck Records kept by the Financial Industry Regulatory Authority (FINRA), Ginsberg has been subject to two pending customer disputes concerning unsuitable alternative investments.

Most recently, in December 2017, Ginsberg was subject to a customer complaint in which the customer alleged that Ginsberg had placed the customer in unsuitable investments. This dispute is currently still pending.

In addition, in November 2017, a customer alleged that Ginsberg had placed the customer in unsuitable Real Estate Investment Trusts (REITs). The REITs were unsuitable for the customer in terms of the customer’s investment objectives and risk tolerance. The customer has requested $1,000,000 in damages. This dispute is currently still pending.

Wells Fargo Settles Advisor Peter Malis’ Dispute for $1,100,000

September 12, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP are currently investigating Wells Fargo Clearing Services, LLC (Wells Fargo) broker Peter Malis (Malis). According to BrokerCheck Records kept by the Financial Industry Regulatory Authority (FINRA). According to BrokerCheck Records, Malis has been subject to five customer disputes, the majority concerning unsuitable investments in mutual funds, municipal bonds, and limited partnerships.

Most recently, in December 2017, a customer alleged that from February 2006 to December 2016, Malis placed the customer in unsuitable investments and executed trades in the account without the customer’s consent.

In September 2016, a customer alleged that from March 2002 to January 2016, Malis placed the customer in unsuitable investments and engaged in unauthorized trades and churning of the account. The case was settled at $1,100,000.

In May 1995, a customer alleged that Malis placed the customer in unsuitable mutual funds and limited partnerships. The case was settled at $12,500.

Advisor Joseph Yanofsky Sanctioned Over Unauthorized Trading

September 9, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Joseph Yanofsky (Yanofsky), currently associated with First Financial Equity Corporation (First Financial), has been subject to eight customer complaints, one regulatory action, and one employment separation for cause. According to records kept by The Financial Industry Regulatory Authority (FINRA) Yanofsky has been accused by customers of unauthorized trading, unsuitable trading, and misrepresentations among other claims.

In 2015 Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) terminated Yanofsky alleging that the broker exercised discretion in discretionary accounts and provided inaccurate responses to the firm. Thereafter, FINRA sanctioned Yanofsky in September 2017 findings that he exercised discretion in customer accounts without written authorization to do so. The findings stated that Yanofsky’s exercise of discretion occurred in connection with certain of his member firm’s syndicate equity offerings. FINRA found that Yanofsky’s customers verbally expressed their general desire and authorization to participate syndicate offerings however their verbal authorization to participate in every syndicate offering was never reduce to writing.

Daniel Flores Discharged Over Selling Unapproved Financial Product

September 9, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Daniel Flores (Flores), formerly associated with Woodbury Financial Services, Inc. (Woodbury Financial) in Appleton, Wisconsin was terminated by his firm concerning allegations that Flores engaged in an unapproved financial transaction with a client. Thereafter in May 2018 a customer filed a complaint alleging that that Flores engaged in unauthorized and excessive trading. The claim is currently pending. In July 2018 FINRA sought documents and information from Flores which he refused to provide. Accordingly, Flores was barred from the industry for failing to respond to FINRA’s requests.

At this time, the claims against Flores are unclear as to the exact nature and extent of the activity. Flores has outside business disclosures including New Heights Insurance Services and Fox River Valley.

Advisor Stacy Cheney-Jamison Sanctioned Over Private Investment Sales

September 9, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Stacy Cheney-Jamison (Cheney-Jamison), a/k/a Stacy Cheney, Stacy Edwards, Stacy Kuczynski, and Stacy Sang was formerly associated with CUNA Brokerage Services, Inc. (CUNA) in Boca Rotan, Florida was barred by FINRA concerning allegations that Cheney-Jamison sold investments away from her firm.

In May 2018 FINRA found that Cheney-Jamison consented to the sanctions and to the entry of findings that she refused to provide information requested by FINRA in connection with its investigation into allegations regarding her involvement in private securities transactions and falsification of client account forms. In addition, in March 2018 a customer filed a complaint alleging multiple violations of the securities laws and claiming $350,000 in damages.

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

At this time, the selling away claims against Cheney-Jamison are unclear as to the exact nature and extent of the activity. Cheney-Jamison does not have any outside business disclosures on her public record

Advisor Thomas Sova Terminated Over Unapproved Product Sales

September 7, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Thomas Sova (Sova), formerly associated with Hornor, Townsend & Kent, Inc. (Hornor Townsend) in Baton Rouge, Louisiana was terminated by his firm concerning allegations that Sova violated firm policies and procedures regarding disclosure of outside business activities relating to the outside sale of an unapproved and unregistered security. That termination came on the heels of an arbitration complaint filed a couple of months earlier in April 2018. The customer complaint alleged that Sova sold and unregistered security in May 2016 and seeks $100,000 in damages. The claim is currently pending.

At this time, the claims against Sova are unclear as to the exact nature and extent of the activity other than that it involves a mortgage investment fraud or real estate security. Sova has outside business disclosures including Sova Financial Group – his investment d/b/a. Sova also discloses that he is the owner of rental property.

John Ernst Terminated Over Sale of Fraudulent Woodbridge Mortgage Investments

September 7, 2018 | by Staff Attorney

The law offices of Gana Weinstein LLP continue to investigate the Woodbridge Group of Companies and the Woodbridge Mortgage Funds (Woodbridge). The Securities and Exchange Commission (SEC) has alleged that the Woodbridge operated a billion-dollar Ponzi scheme ensnaring about 8,400 investors. Woodbridge solicited hundreds of disreputable insurance agents and investment brokers to sell its false notes that the firm claimed to be backed by mortgages. In plain sight to regulators, Woodbridge engaged in a nationwide investment fraud by offering the sale of unregistered securities.

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) John Ernst (Ernst) appears to be an agent for Woodbridge fraudulent note sales. Ernst was formerly associated with Foresters Equity Services, Inc. (Foresters Equity) out of the firm’s San Diego, California office location. In November 2017 the State of Wisconsin opened an investigation into Ernst in connection with potential sales of Woodbridge promissory notes. In addition, Foresters Equity terminated Ernst in February 2018 stating that he violated the firm’s policies and procedures by engaging in an undisclosed private securities transaction away from the broker dealer without approval.

Federal securities laws and the FINRA rules require firms to monitor and supervise its employees, like Ernst, in order to detect and prevent brokers from offering investments in this fashion. In order to properly supervise their brokers each firm is required to have procedures in order to monitor the activities of each advisor’s activities and interaction with the public. Supervisory failures allow brokers to engage in unsupervised misconduct that can include all manner improper conduct including recommending fraudulent investments.