Securities Lawyers Blog

Broker Randy Scott Schneider Subject to Various Complaints over Alternative Investments

September 6, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Securities America, Inc. (Securities America) broker Randy Schneider (Schneider). According to BrokerCheck Records kept by the Financial Industry Regulative Authority (FINRA), Schneider has been subject to nine customer disputes. The majority of these customer disputes revolve around the unsuitable recommendation of alternative investments, annuities and REITs.

Most recently, in February 2015, a customer alleged that Schneider stole and misappropriated funds in the customer account and also misrepresented the nature of the AXA annuities by providing misleading information. The customer requested $160,000 in damages.

In June 2013, a customer alleged that from November 2007 to June 2008, Schneider misrepresented the nature of certain alternative investments that were unsuitable for the customer. The case was settled at $250,000.

In September 2011, a customer alleged that Schneider unsuitably recommended an alternative investment and misrepresented the facts of the investment. This dispute was settled at $38,750.

Temenos Advisory, Inc. and Its CEO Accused of Peddling $19 Million in Risky Investments – Investor Recovery Options

September 6, 2018 | by Staff Attorney

The attorneys at Gana Weinstein LLP are reviewing court documents and complaints related to The Securities and Exchange Commission’s (SEC) charge a Connecticut investment advisory firm Temenos Advisory, Inc. (Temenos) and its principal, George L. Taylor (Taylor) put $19 million of investor money, including elderly investors’ retirement savings and pension plans, in risky investments and all the while secretly pocketing large commissions.

The SEC alleged that from 2014 through 2017, Temenos and Taylor defrauded their advisory clients and by steering the clients into unsuitable investments and by hiding commissions and other financial incentives that Temenos and Taylor were pocketing on top of the advisory fees clients paid. In addition, the SEC found that Temenos and Taylor repeatedly downplayed and concealed risks, and overstated potential gains with the illiquid private placements

The SEC accused Temenos and Taylor of violating their fiduciary duty that every investment adviser owes to its clients that requires firms to put client interests first, to deal with clients with the utmost honesty, to disclose all conflicts or potential conflicts of interest, and to use reasonable care in providing investment advice.

Matthew Walker and Pinnacle Plus Financial Allegedly Sold Fraudulent 1st Global Capital Securities

September 6, 2018 | by Staff Attorney

The attorneys at Gana Weinstein LLP are looking into potential actions to help investors ensnared in the 1^st Global Capital LLC (1^st Global Capital) investment fraud scheme. According to the Kansas City Star 160 victims of the 1^st Global Capital resided in the Kansas City area. It appears that many of the victims I the Kansas City area were brought to 1st Global by Matthew Walker – CEO of Overland Park-based Pinnacle Plus Financial (Pinnacle Plus) and other affiliated businesses. Investors who invested through Walker and Pinnacle Plus have stated that they were told 1st Global Capital was essentially a sure thing and a secure investment.

Emails and other documents released by the SEC show Pinnacle Plus soliciting numerous investors and the involvement of other Pinnacle Plus staff and advisors including Kenny Riewerts.

As revealed in court documents and the complaint filed by The Securities and Exchange Commission’s (SEC) – 1^st Global Capital engaged in a four year unregistered securities offering overseen by Carl Ruderman (Ruderman) – also charged. The SEC has alleged that more than 3,400 investors nationwide have been caught in the company’s $287 million fraud.

Woodstock Financial Group Advisor Joseph Derrico Subject to Complaint Over Excessive Trading

September 4, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) Woodstock Financial Group, Inc. (Woodstock Financial) broker Joseph Derrico (Derrico) has been subject to two disclosed customer complaints, one regulatory complaint, and one criminal matter. The regulatory action filed by the State of Montana alleges that a customer filled out an online complaint with the state making allegations concerning Derrico. Montana filed a complaint against the broker concerning unauthorized trading; excessive trading; using discretion without written discretionary authority; fraud – these allegations are associated with claims of churning or excessive trading. The regulatory complaint is still pending.

FINRA suspends Chelsea Financial Broker George Warner for Filing Inaccurate Client Records

September 4, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP are currently investigating Chelsea Financial Services (Chelsea Financial) broker George Warner (Warner). According to BrokerCheck Records, Warner has been subject to a regulatory matter in which the Financial Industry Regulatory Authority (FINRA) sanctioned Warner for the violation of the securities laws. In addition, Warner has been subject to termination from two firms of employment and a customer complaint.

In November 2014, Warner was permitted to resign from NFP Advisor Services for changing customer documents and information after the clients had signed the documents. In June 2013, Warner was discharged from LPL Financial LLC for getting customer signatures on account transfer forms that were blank.

Subsequently, in April 2017, FINRA found that Warner altered customer documents without customer knowledge or permission on over five occasions in which he included customer liquidity needs, net worth, annual income, alternative investment forms, and an IRA application. By altering the firm’s documents, Warner impeded on the firm’s ability to maintain accurate records. Without admitting or denying the findings, Warner consented to the sanctions and to the entry of findings. Consequently, FINRA imposed a $5,000 fine and 30 day suspension.

In addition, Warner has been subject to a customer dispute. In August 2009. a customer alleged that Warner purchased CIT bonds instead of CITI Corp bonds. The case was settled at $225,000.

1st Global Capital Fraud Recovery Options

September 2, 2018 | by Staff Attorney

The attorneys at Gana Weinstein LLP are looking into potential actions to help investors ensnared in the 1^st Global Capital LLC (1^st Global Capital) investment fraud scheme. As revealed in court documents and the complaint filed by The Securities and Exchange Commission’s (SEC) – 1^st Global Capital engaged in a four year unregistered securities offering overseen by Carl Ruderman (Ruderman) – also charged. The SEC has alleged that more than 3,400 investors nationwide have been caught in the company’s $287 million fraud.

The SEC alleged that 1^st Global Capital deceived investors through its offerings of short-term financing to small and medium-sized businesses. 1^st Global Capital used a network of barred brokers, registered and unregistered investment advisers, and other sales agents paying them millions in commissions to sell unregistered and fraudulent securities in no fewer than 25 states. The Company and their agents allegedly promised investors high-returns and a low-risk investment in which investor money is used to make short-term cash advances called Merchant Cash Advances (MCAs) to businesses that could not obtain more traditional financing.

As in many frauds, the SEC alleged that 1^st Global Capital used substantial investor funds for purposes other than the cash advances including misappropriated at least $35 million of investor money from which at least $28 million went directly to Ruderman and other entities he owned or controlled. Other alleged illegitimate uses include paying operating expenses and purchasing already-distressed, longterm credit card debt. As a result, by October 2017 1^st Global Capital experienced a shortage of investor funds of $23 million which increased to about $50 million by June 30, 2018.

After the writing was on the wall Ruderman resigned from 1st Global Capital in July after the company declared bankruptcy.

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

August 28, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Charles Kenahan (Kenahan), currently employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) has been subject to four customer complaints. According to records kept by The Financial Industry Regulatory Authority (FINRA), most of a Kenahan’s customer complaints allege that Kenahan made unsuitable recommendations or engaged in excessive trading – sometimes referred to as churning.

In May 2018 a customer alleged excessive trading and unsuitable investment recommendations from 2012 until 2017. The claim alleged $700,000 in damages and is currently pending.

In March 2018 a customer alleged unsuitable investment recommendations, excessive trading and misrepresentation from February 2012 until December 2017. The claim is currently pending.

Advisor John Krohn Sanctioned Over $7.9 Million in Sales for Private Deals

August 28, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor John Krohn (Krohn), formerly associated with Principal Securities, Inc. (Principal Securities) in West Des Moines, Iowa was suspended and sanctioned concerning allegations that Krohn engaged in private securities transactions.

FINRA alleged that between April 2014 and January 2017, Krohn served as an officer or a director of four companies, including one that invested in early-stage and distressed companies. In addition, between December 2012 and December 2016, Krohn was alleged to have made more than two dozen purchases totaling $7.9 million of ten companies’ securities. FINRA alleged that Krohn did not notify Principal Securities about those transactions, his role in them, and whether he had received or expected to receive compensation. In addition, FINRA alleged that Krohn made some of those purchases through the investing company that he owned jointly with a customer.

Krohn disclosed a number of outside business activities including outside insurance business and tax preparation. In addition, Krohn also disclosed involvement with Domiknow as a board member, Spotlight Innovation, Inc., as a board member, Tax Saver Plus, and Cash Flow Structure Group.

Joel Flaningan Terminated Over Sale of Fraudulent Woodbridge Mortgage Investments

August 28, 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) Joel Flaningan (Flaningan) appears to be an agent for Woodbridge fraudulent note sales. Flaningan was formerly associated with NYLife Securities LLC (NYLife Securities) out of the firm’s Fort Wayne, Indiana office location. In April 2018 a customer filed a complaint alleging $65,000 in damages resulting form the sale of Woodbridge promissory notes. Thereafter, NYLife Securities terminated Flaningan in May 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 Flaningan, 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.

Jaret Mutter Subject to Multiple Complaints for Unsuitable Investments in UITs

August 24, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Cetera Advisor Networks LLC (Cetera Advisor) broker Jaret Mutter (Mutter). According to BrokerCheck Records, Mutter is currently subject to a pending regulatory matter in which the Virginia State Corporation Commission (VSCC) has sanctioned Mutter for the violation of various securities laws. Mutter has also been subject to seven customer disputes, one of which is still pending. The majority of these disputes concern the misrepresentation and unsuitable recommendation of investments in Unit Investment Trusts (UITs).

In April 2018, VSCC placed a Special Supervision Order on Mutter due to numerous disclosures and complaints from customers at Cetera Advisor, Mutter’s firm of employment. Consequently, Mutter has been placed under special supervision for a year.

In addition, Mutter has been subject to multiple customer disputes. Most recently, in May 2015, a customer alleged that Mutter misrepresented investments to the customer and placed the customer in investments that were unsuitable to their investment portfolio and objectives. The customer was awarded $50,310 in damages.