Securities Lawyers Blog

Sandeep Varma Sanctioned by FINRA for Providing Misleading Claims on CRT Stategy

July 12, 2018 | by Staff Attorney

Recently, Sandeep Varma’s (Varma) attorney reached out to our firm to inform us that our post on Varma was inaccurate. The post detailed that Varma had been subject to five customer and that the majority of these complaints involved the recommendation of unsuitable and misrepresented variable investments including CRTs and life insurance policies.

The post also detailed how in January 2018, FINRA found that Varma misrepresented a real-estate planning strategy involving Charitable Remainder Trusts (CRTs) to 70 potential customers by providing misleading claims about the nature of deferred capital gains taxes, risks, and rewards that are involved in CRTs. In addition, Varma recommended that the sale of appreciated assets should be invested into variable annuities and into premiums for an insurance policy. While recommending these investments, Varma failed to disclose that the premium payments for the life insurance policy were dependent on performance of investments in the CRT and that this yielded risk for lapse in the insurance policy. FINRA found that Varma’s positive projection of the performance of investments in the CRT and life insurance policy was exaggerated in a promissory manner because it didn’t disclose the reasonable possibility of negative investment performance. In February 2018, Varma was suspended for 10 days and fined $15,000. Without admitting or denying the findings, Varma consented to the sanctions and to the entry of findings.

Varma’s attorney has brought it to our attention that Varma has succeeded in using FINRA’s flawed expungement process system to remove two complaints from his BrokerCheck record that resulted in settlements totaling $1.2 million. As shown in Varma’s expungement “award”, Varma sued his own employer, LPL Financial LLC (LPL Financial) for damages of $1.00 due to the placement on his record of two customer complaints. The “hearing” that took place appears to have been perfunctory at best. The hearing concerning two customer complaints took only one hearing session to complete. Usually there are two hearing sessions a day – meaning in this case two cases were probably decided in time for the arbitrator to catch lunch. The total cost to Varma by FINRA to expunge two customer complaints from his record was $100 – excluding any fees he privately paid his counsel.

Advisor Herbert Voss Barred By Financial Regulator Over Unauthorized Trading

July 12, 2018 | by Staff Attorney

According to BrokerCheck records financial advisor Herbert Voss (Voss), formerly associated with Stockcross Financial Services, Inc. (Stockcross Financial), has been subject to eight customer complaints, one FINRA action, and one employment termination. According to records kept by The Financial Industry Regulatory Authority (FINRA) Voss was barred from the financial industry in May 2018 when Voss consented to the sanction and to the entry of findings that he refused to appear for FINRA testimony concerning a customer complaint alleging that Voss had engaged in unauthorized trading in the customer’s account. The refusal to cooperate draws an automatic bar from the industry.

In December 2017, a customer filed a complaint alleging that Voss’ investments caused poor performance and $550,000 in damages. The claim is currently pending. Prior to that, in February 2017 a client accused Voss of causing $900,000 in damages due to unsuitable investments.

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. Often times, brokers engage in unauthorized trading as part of an attempt to churn or excessively trade a client’s account.

Michael Hagan subject to Multiple Customer Disputes for Unsuitable Investment Recommendations

July 11, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are investigating claims against Voya Financial Advisors Inc. (Voya Financial) broker Michael Hagan (Hagan). According to BrokerCheck records, Michael has been subject to seven customer complaints. The majority of these complaints concern the misrepresentation and unsuitable recommendation of variable annuities, equity indexed annuities, and Variable Universal Life (VUL) insurances.

Most recently, in April 2017, a customer alleged that Hagan recommended unsuitable investment products for the customer and misrepresented the nature of the investments. The dispute was settled at $164,455.

In January 2010, a customer alleged that in February 2000, Hagan’s recommendation of John Hancock Variable Universal Life (VUL) insurance was unsuitable and should be reexamined.

FINRA Suspends Giustino Destefano for Unauthorized Trades

July 11, 2018 | by Staff Attorney

Securities attorneys at Gana Weinstein LLP are currently investigating previously registered broker Guistino Destefano (Destefano). According to BrokerCheck Records, Destefano has been subject to two terminations from employment and one regulatory action in which the Financial Industry Regulatory Authority (FINRA) sanctioned Destefano for various violations of the securities laws. In addition, Destefano has been subject to 6 customer disputes concerning unauthorized trades and unsuitable investments, one of which is still pending.

In May 2014, Destefano resigned from Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) due to customer allegations of unauthorized trading and recommending securities to customers that weren’t approved by the firm. Subsequently, in March 2016, FINRA found that between July 2013 and May 2014, Destefano had executed unauthorized trades in 4 non-discretionary customer accounts. In addition, Destefano also had marked over 100 order tickets incorrectly, labeling them “unsolicited” when they were in fact solicited trades. For executing unauthorized trades, Destefano was found to be in violation of unauthorized NASD Conduct Rule 2510(b) and FINRA Rule 2010. Destefano consented to the sanctions and to the entry of findings and FINRA suspended Destefano for 3 months and imposed a fine of $10,000.

In addition, Destefano has been subject to multiple customer complaints. In September 2017, a customer alleged that Destefano exercised discretion in non-discretionary customer accounts, over-concentrated investments, and placed customers in unsuitable investments. The customer has requested $830,000 in damages. This dispute is currently still pending.

Broker Patrick Maddren Subject to Multiple Securities Fraud Allegations

July 11, 2018 | by Staff Attorney

The security fraud attorneys at Gana Weinstein LLP are currently investigating Westpark Capital, Inc. (Westpark Capital) broker Patrick Maddren (Maddren). According to BrokerCheck records, Maddren has been subject to two customer disputes involving various forms of security fraud.

In March 2016, a customer alleged that Maddren engaged in a wide range of security fraud, including false representations, excessive trading, unauthorized trading, unsuitable recommendations, and breach of contract. The dispute was settled for $295,000.

In May 2012, a customer alleged that in February 2012, Maddren executed unauthorized trades in the account. The customer requested $62,530 in damages.

Bruce Musselman Subject to Customer Complaints Alleging Unsuitable Investments

July 8, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are investigating claims against Fortune Financial Services, Inc. (Fortune Financial) broker Bruce Musselman (Musselman). According to BrokerCheck records, Musselman has been subject to nine customer complaints and one criminal regulatory action.

Most recently, in February 2013, customers alleged that Musselman recommended unsuitable investments, misrepresented securities, over-concentrated customer funds into aggressive investments, and excessively used margin. The dispute was settled at $14,900.

In August 2011, a customer alleged that from 2007 to 2009, Musselman recommended highly risky investments that were unsuitable and inappropriate to customer’s needs. The customer requested $80,000 in damages.

FS Energy & Power Fund Investment Loss Options

July 8, 2018 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating investor losses in FS Energy & Power Fund a business development company (BDC). According to the firm’s website, FS Energy is designed to provide income and growth. It invests primarily in the debt and, to a lesser extent, equity securities of private U.S. energy and power companies.

Because FS Energy in non-traded product there are no market pricing for the value of the securities. Secondary market sources for BDCs are currently pricing the BDC at $5.12 per share based on a tender offer. This is a far drop from the sale price of $10 per share when the BDC issued shares to investors.

Our firm often handles cases involving direct participation products (DPPs), private placements, Non-Traded REITs, and other alternative investments. These products are almost always unsuitable for middle class investors. In addition, the brokers who sell them are paid additional commission in order to hype inferior quality investments providing perverse incentives for brokers to sell high risk and low reward investments.

Madison Timber Properties Ponzi Scheme Recovery Options

July 8, 2018 | by Staff Attorney

The law offices of Gana Weinstein LLP are investigating investor recovery options due to the alleged Ponzi Scheme orchestrated by Arthur Adams (Adams) and Madison Timber Properties LLC (Madison Timber) by The Securities and Exchange Commission (SEC).

The complaint against Adams and Madison Timber was unsealed on May 1, 2018 Mississippi federal court revealing the SEC’s fraud charges against the Mississippi company and its principal who has been accused of stealing from at least 150 investors in a $85 million Ponzi scheme. Adams and Madison Timber agreed to a permanent injunction, an asset freeze, and expedited discovery.

The SEC’s complaint alleges that Adams misled investors by telling them that their money would be used to secure harvest timber rights from land owners in several states. The SEC alleged that Adams promised investors annual returns of 12-15%. However, Madison Timber is accused of never having obtained any harvesting rights at all. Instead, Adams allegedly forged deeds and other documents to purportedly reflect the value of the timber on the land. The SEC also alleged that Adams paid early investors with later investors’ funds and convinced other investors to roll over their investments and remain invested in the scheme. Adams is also accused of using investors’ money for his own personal expenses and to develop an unrelated real estate project.

FINRA Suspends Derrick Watts for Providing Misleading Information on Documents

July 6, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are investigating claims against Wunderlich Securities, Inc. (Wunderlich Securities) broker Derrick Watts (Watts). According to BrokerCheck records, Watts has been subject to a regulatory matter in which the Financial Industry Regulatory Authority (FINRA) sanctioned Watts for various violations of the securities laws including churning, otherwise known as excessive trading. In March 2016, FINRA found that Watts failed to report his involvement in four unsatisfied civil judgments from 2009 to 2013 on his U4 registration form. Without admitting or denying the findings, Watts consented to the sanctions and the entry of findings. In April 2016, Watts was suspended for three months.

In addition to the FINRA sanctions, Watts has been subject to three customer complaints and two financial disclosures – including filing for bankruptcy and a tax lien.

In February 2016, Watts was discharged for bankruptcy due to failure in a real estate development that he was involved in. Bankruptcies and large tax liens are a potential sign that the advisor has difficulty managing their own finances. FINRA provides this information to the public because it is material for consumers to know whether or not their advisor’s financial situation influences the advisor’s recommendations.

Mark Solomon Accused of Selling $1.4 Million In Private Placements Without Notifying His Firm

July 6, 2018 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Mark Solomon (Solomon), formerly associated with M Holdings Securities, Inc. (M Holdings) in Wynnewood, Pennsylvania was suspended by FINRA concerning allegations that he engaged private securities transactions in a real estate private placement. M Holdings terminated Solomon in January 2016 during an ongoing internal review that centered around potential violations of investment related statues and the firm’s policies and procedures.

Thereafter in January 2018 FINRA found that Solomon solicited seven investors to purchase a total of $1,400,000 in interests in a private placement without providing his firm written notice of that activity or obtaining the firm’s written approval prior to doing so. FINRA found that Solomon first provided written notice of his sales activity to his firm after responding to inquiries made by FINRA during an examination of the firm. FINRA suspended Solomon for 12 months and imposed a fine.

At this time it is unclear the extent of Solomon’s outside business activities or private securities transactions. Solomon disclosed a number of outside business activities including that he is the control person limited partnerships, is involved with Devon Park Partnership, Horsham Business Center, and 1000 Howard Blvd Partners LP.