Securities Lawyers Blog

Laurence Pettit Subject to Multiple Complaints Alleging Improper Use of Discretion

July 2, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are currently investigating Joseph Stone Capital L.L.C. (Joseph Stone) broker Laurence Pettit (Pettit). According to BrokerCheck records, Pettit has been subject to 10 customer disputes, two civil actions, and one criminal action. The majority of these disputes allege Pettit’s improper use of discretion, unauthorized trading, improper use of margin, and failure to follow customer instructions.

In March 2009, a customer alleged that Pettit failed to follow instructions to liquidate the investments in the customers’ account on multiple occasions. The dispute was settled at $250,000.

In October 2008, a customer alleged that Pettit failed to follow the customer’s instructions to reduce the margin percentage on the account. This dispute was settled at $40,000.

The SEC Bars Daniel Fischer for Unsuitable Churning In Customer Accounts

July 2, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP are currently investigating previously registered broker Daniel Fischer (Fischer). According to BrokerCheck, in January 2018, the Securities Exchange Commission (SEC) barred Fischer from the financial industry claiming that from December 2012 to May 2015, Fischer recommended an unsuitable investment strategy in penny stocks to 5 customers and falsely represented and omitted material facts about the strategy. In addition, the SEC alleged that Fischer was engaging in churning of accounts and in unauthorized trading. The SEC found that as a result of recommending unsuitable investments, Fischer had violated federal laws including Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5.

In addition, Fischer has also been subject to one regulatory action and one civil action in which the SEC and the Federal Industry Regulative Authority (FINRA) sanctioned Fischer for various violations of the securities laws.

In July 2016, FINRA suspended Fischer on the grounds that he was exercising discretion in customer accounts without prior customer approval. As a result of violating NASD Conduct Rule 2510(b) and FINRA Rule 2010, Fischer incurred a fine of $5,000 and a suspension of 20 days.

Andrew Pravlik Subject to Customer Complaints Alleging Unsuitable Investments

July 1, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are investigating claims against Coastal Equities, Inc. (Coastal Equities) broker Andrew Pravlik (Pravlik). According to BrokerCheck records, Pravlik has been subject to a regulatory matter in which the Financial Industry Regulatory Authority (FINRA) sanctioned Pravlik for various violations of the securities laws. In 2009, Pravlik falsely labeled 30 redemption requests as Required Minimum Distributions (RMDs) when he entered them into the firm’s mutual fund system. By doing so, he prevented a deferred sales charge that would have applied to the redemptions, and falsified the firms records. In May 2010, Pravlik was fined $5,000 and suspended for 90 days.

In addition, Pravlik also been subject to two customer complaints concerning unsuitable risky investments, one of which is still pending

In October 2017, customers alleged that Pravlik placed them in unsuitable investments that did not match with their investment portfolio. The customer has requested damages of $175,000. This dispute is still pending.

Sonhee Cho Subject to Customer Complaint Alleging Unsuitable REIT Investments

July 1, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP have been investigating H. Beck, Inc. (H Beck) broker Soonhee Cho (Cho). According to BrokerCheck records, Cho has been subject to a customer dispute and a permitted resignation from employment.

In November 2017, a customer alleged that from June 2013 to November 2017, Cho recommended non-traded Real Estate Investment Trusts (REITs) which were unsuitably risky to the customer and that he also failed to disclose the illiquidity of the investment to the customer. The customer has requested $193,000 in damages.

In addition, Cho has been subject to permitted resignation from member firms. In September 1999, Cho was permitted to resign from Waddell & Reed, Inc. for failing to comply with the firm’s correspondence procedures.

Gerald Repasz Subject to Customer Disputes Alleging Unsuitable Alternative Investments

July 1, 2018 | by Staff Attorney

The investment fraud attorneys at Gana Weinstein LLP are currently investigating Ausdal Financial Partners, Inc. (Ausdal Financial) broker Gerald Repasz (Repasz). According to BrokerCheck records, Repasz has been subject to 5 customer disputes, one of which still pending. The majority of these investments concern the unsuitable recommendation of alternative investments.

Most recently, in October 2017, a customer alleged that Repasz placed customers into UDF III, UDF IV, and Behringer Harvard REIT investments which were unsuitable to the customer’s investment objectives. The customer is requesting $62,000 in damages. This dispute is currently still pending.

In September 2016, a customer alleged that from 2005 to 2010, Repasz placed the customer in alternative investments that were unsuitable for the customer and misrepresented the material facts of the investments. The dispute was settled at $20,000.

Stephen Williams Subject to Multiple Customer Disputes over REITs and Alternative Investments

June 30, 2018 | by Staff Attorney

The securities attorneys at Gana Weinstein LLP are investigating claims against Next Financial Group Inc. (Next Financial) broker Stephen Williams (Williams). According to BrokerCheck records, Williams has been subject to six customer complaints, one of which is still pending. The majority of these claims involve the misrepresentation of Real Estate Investment Trusts (REITs).

Most recently, in February 2018, a customer alleged that Williams misrepresented the nature of various non-traded REITs and didn’t properly disclose the high risk associated with private investments. The customer has requested damages of $350,000. This dispute is currently still pending.

In February 2018, a customer alleged that Williams recommended the customer to invest $50,000 in United Development Funding III (UDF lll) while misrepresenting and failing to disclose UDF III’s highly risky and illiquid nature. The customer requested $50,000 for damages.

David Watkins Subject to Pending Customer Complaint Alleging $5,000,000 in Damages

June 30, 2018 | by Staff Attorney

Securities attorneys at Gana Weinstein LLP are investigating UBS Financial Services Inc. (UBS Financial) broker David Watkins (Watkins). According to BrokerCheck records, Watkins has been subject to two customer disputes, one of which is still pending. In addition, Watkins has been subject to two tax liens. The majority of these disputes concern unsuitable recommendations in bonds, stocks, and exchange-traded funds (ETFs).

In August 2017, a customer alleges that from May 2013 to October 2016, Watkins recommended for the customer to buy fixed-income securities and ETFs which were unsuitable to the customers investment needs. The customer has requested $5,000,000 in damages. This dispute is currently still pending.

In September 2015, a customer alleged that from January 2011 to August 2015, Watkins placed the customer in bonds that were unsuitable to the customer and not rated AA or higher as the customer had approved. The case settled for $60,000.

Gary Forrest Sanctioned Over Sale of Fraudulent Woodbridge Mortgage Investments

June 30, 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) Gary Forrest (Forrest) appears to be an agent for Woodbridge fraudulent note sales. Forrest was formerly associated with American Portfolios Financial Services, Inc. (American Portfolios) out of the firm’s Flint, Michigan office location. Thereafter, the State of Michigan Sanctioned Forrest finding that Forrest offered or sold twelve Woodbridge securities in the State of Michigan which were not federally covered, exempt from registration, or registered, in violation of the securities laws.

Federal securities laws and the FINRA rules require firms to monitor and supervise its employees, like Forrest, 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.

Mitchell Walk Subject to Multiple Customer Complaints for Unsuitable Investments

June 28, 2018 | by Staff Attorney

Securities attorneys from Gana Weinstein LLP are investigating Kestra Investment Services, LLC (Kestra Investment Services) broker Mitchell Walk (Walk).

According to BrokerCheck records, Walk has been subject to 5 customer complaints, 2 of which are still pending. The majority of these complaints regard unsuitable investment recommendations.

In August 2017, a customer alleged that Walk made unsuitable investment recommendations to the customer and that Kestra Investment Services failed to properly supervise this activity. The client has requested $72,000 in damages. This dispute is currently still pending.

Dee Dee Brooks Resigns During Woodbridge Mortgage Fraud Investigation

June 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.

One of Woodbridge’s agents appears to be Dee Dee Brooks (Brooks) formerly associated with Signator Investors, Inc. (Signator Investors). In June 2018 Brooks resigned from Signator Investors while under investigation concerning her involvement with the sale of unregistered securities. Brooks also operated an insurance company called Surf City Insurance Services, Inc. (Surf City) which may have been used by Brooks to conceal investments. Federal securities laws and the FINRA rules require firms to monitor and supervise its employees, like Brooks, 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.

The signs that the Woodbridge Funds was a giant fraud debacle ware all apparent. Woodbridge and its agents have been sanctioned by multiple state regulators for offering unregistered securities. Going back to May 2015, the Massachusetts Securities Division imposed a bar on the Woodbridge Mortgage Investment Funds and ordered the companies to permanently cease and desist from selling unregistered or non-exempt securities in the Commonwealth of Massachusetts.