Securities Lawyers Blog

Customers File Complaints Against VSR Financial Broker Dennis Van Patter

May 19, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Dennis Van Patter (Van Patter). According to BrokerCheck records Van Patter has been subject to at least eight customer complaints and one regulatory action. The customer complaints against Van Patter allege securities law violations that including unsuitable investments, misrepresentations, and breach of fiduciary duty among other claims. Many of the complaints involve direct participation products (DPPs) and private placements including oil and gas partnerships, non-traded real estate investment trusts (REITs), and other alternative investments. In a FINRA regulatory action Van Patter was found to have onverconcentrated an investor in alternative investments.

Our firm has represented many clients in these types of products. All of these investments come with high costs and historically have underperformed even safe benchmarks, like U.S. treasury bonds. For example, products like oil and gas partnerships, REITs, and other alternative investments are only appropriate for a narrow band of investors under certain conditions due to the high costs, illiquidity, and huge redemption charges of the products, if they can be redeemed. However, due to the high commissions brokers earn on these products they sell them to investors who cannot profit from them. Further, investor often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Customers File Complaints Against Woodbury Financial Broker Daniel Dunn

May 19, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Daniel Dunn (Dunn). According to BrokerCheck records Dunn has been subject to at least five customer complaints. The customer complaints against Dunn allege securities law violations that including unsuitable investments, and misrepresentations among other claims. Many of the complaints involve direct participation products (DPPs) and private placements including ICON Leasing, variable annuities, and tenant-in-common trusts (TICs).

Our firm has represented many clients in these types of products. All of these investments come with high costs and historically have underperformed even safe benchmarks, like U.S. treasury bonds. For example, products like variable annuities, ICON, and other DPPs are only appropriate for a narrow band of investors under certain conditions due to the high costs, illiquidity, and huge redemption charges of the products, if they can be redeemed. However, due to the high commissions brokers earn on these products they sell them to investors who cannot profit from them. Further, investor often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Gana LLP Investigates Customer Complaints Against Merrill Lynch Broker Jacquin Fink

May 18, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Jacquin Fink (Fink). According to BrokerCheck records Fink has been subject to at least six customer complaints. The customer complaints against Fink allege securities law violations that including unsuitable investments, misrepresentations, excessive trading, and unauthorized trading among other claims.

In April 2016, a customer complained that unsuitable investments were made and excessive trading occurred from October 2013 to January 2016 causing $581,144 in damages. The claim is pending. Also in April 2016, another customer alleged that unsuitable investment recommendations and misrepresentation occurred in August 2015. The claim is pending. In November 2015 a customer alleged unsuitable investment recommendations from October 2012 to August 2014 causing $106,092 in damages. The claim settled.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Gana LLP Investigates Investor Losses in Valeant Pharmaceuticals

May 18, 2016 | by Staff Attorney

Until about August 2015, Valeant Pharmaceuticals (Valeant)(Stock Symbol: VRX) was one of the fastest growing pharmaceutical companies on the market. Then its stock price all but collapsed. After shares peaked at more than $260 a share in August of 2015, it is now trading at about $26 a share and is down more than 80 percent since last August.

What happened? According to news sources, as a background Valeant pioneered the financialization of pharmaceuticals. That is the company does not research and sell drugs. Instead, Valeant continually buys rivals in musty and unloved segments of the market to squeeze inefficiencies out of the companies. In other words, it engages in drug arbitrage and hikes drug prices. Remember Martin Shkreli, the executive who hiked up the price of the anti-parasitic pill Daraprim used by AIDS patients by more than 5,000 percent? That’s what Valeant does.

But Valeant racked debt and then lied to investors about its drug sales. After months of scandals which include the firing of its CEO and reshuffling some of the seats on its board of directors the company admitted to some poor accounting practices. Basically, the company recorded drug sales twice. One time when it sold them to mail-order pharmacy company Philidor, and once when Philidor sold them which inflated revenues in 2014 and 2015. The company will re-release almost all of its financial statements which will paint an even bleaker picture of the company. On top of all this the company is the subject of several investigations by Congress and the Securities and Exchange Commission.

Gana LLP Investigates Customer Complaints Against H. Beck Broker Scott Goldman

May 17, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Scott Goldman (Goldman). According to BrokerCheck records Goldman has been subject to at least six customer complaints. The customer complaints against Goldman allege securities law violations that including unsuitable investments, misrepresentations, failure to supervise, and breach of fiduciary duty among other claims. Some of the claims involve variable annuity and variable universal life insurance products.

Our firm has represented many clients in these types of products. All of these investments come with high costs and historically have underperformed even safe benchmarks, like U.S. treasury bonds. For example, products like variable annuities are only appropriate for a narrow band of investors under certain conditions due to the high costs, illiquidity, and huge redemption charges of the products. However, due to the high commissions brokers earn on these products they sell them to investors who cannot profit from them. Further, investor often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Morgan Stanley Broker Edward Barger has Four Customer Complaints

May 17, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Edward Barger (Barger). According to BrokerCheck records Barger has been subject to at least four customer complaints, two regulatory action, and one criminal matter. The customer complaints against Barger allege securities law violations that including unsuitable investments among other claims.

In April 2016, a customer complained that Barger made unsuitable investments in his account from August 2011 until December 2015. In May 2015, another customer alleged that Barger made unsuitable investments in the account from February 2011 until December 2014 causing damages of $300,000.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Broker Investigation: John McGinnis Promissory Notes and Private Placement Investments

May 16, 2016 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating at least four customer complaints brought before the Financial Industry Regulatory Authority (FINRA) against John McGinnis (McGinnis) working out of Escondido, California alleging the sale of promissory notes, private placements, and private loans. The providing of loans or selling of notes and other investments outside of a brokerage firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”.

At this time it unclear the nature and scope of McGinnis’ outside business activities and private securities transactions. However, according to McGinnis’ public records his outside business activities includes Orchards of AZ LLC, a real estate business. Often times, brokers sell promissory notes and other investments through side businesses as accountants, lawyers, or insurance agents to clients of those side practices.

McGinnis entered the securities industry in 1987. Since July 2008 through September 2015 McGinnis has been associated with RBC Capital Markets, LLC.

Gana LLP Investigates Regulatory and Customer Complaints Against Broker James Ignatowich

May 16, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker James Ignatowich (Ignatowich). According to BrokerCheck records Ignatowich has been subject to at least nine customer complaints and one regulatory action. The customer complaints against Ignatowich allege securities law violations that including unsuitable investments and unauthorized trading among other claims. In addition, the state of New Hampshire filed a complaint against Ignatowich alleging that the broker engaged in unlawful telemarketing and provided inaccurate and misleading information to the state during the course of their investigation. Ignatowich was sanctioned $87,500 and barred for nine months.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

The number of events listed on Ignatowich brokercheck is high relative to her peers. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must publicly disclose certain types of reportable events on their CRD including but not limited to customer complaints. In addition to disclosing client disputes brokers must divulge IRS tax liens, judgments, and criminal matters. However, FINRA’s records are not always complete according to a Wall Street Journal story that checked with 26 state regulators and found that at least 38,400 brokers had regulatory or financial red flags such as a personal bankruptcy that showed up in state records but not on BrokerCheck. More disturbing is the fact that 19,000 out of those 38,400 brokers had spotless BrokerCheck records.

Customers File Numerous Complaints Against Broker Marc Jaffe

May 16, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against former Finance 500, Inc. (Finance 500) broker Marc Jaffe (Jaffe). According to BrokerCheck records Jaffe was recently sanctioned by FINRA and discharged by his prior employer in or about September 2015. The FINRA action found that Jaffe failed to timely disclose tax liens on his record. Shortly thereafter, Finance 500 terminated Jaffe for cause stating that the broker entered into a commission sharing agreement in a state where he was not registered.

In addition, Jaffe has been subject to an eye popping 36 customer complaints and two judgements or liens totaling over $700,000 in tax lien debt. The lien disclosures on a broker’s record can reveal a financial incentive for the broker to recommend high commission products or services. A broker’s inability to handle their personal finances has also been found to be relevant in helping investors determine if they should allow the broker to handle their finances.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

Former RBC Broker Lisa Lowi Has Over a Dozen Energy Bond Related Customer Complaints

May 14, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Lisa Lowi (Lowi). According to BrokerCheck records Lowi has been subject to at least 21 customer complaints with approximately 18 of those complaints being filed in the last two years. The recent customer complaints against Lowi allege securities law violations including unsuitable investments that relate to concentrations in energy bond related investments. The complaints in total allege millions in investor losses and damages

As reported by the Wall Street Journal the drop in oil and energy prices and the industry downturn has made it difficult for many companies to refinance their debts. According to Bloomberg, U.S. high-yield debt issued to junk-rated energy companies grew four-fold to $208 billion. Most of these companies are now struggling to stay afloat with oil prices at $45. Nonetheless, oil and gas and commodities related investments have been recommended by brokers under the assumption that commodities prices would continue to go up. Some experts are saying that if production volume continues to be as high as it currently is and demand growth weak that the return to $100 a barrel is years away.

Before recommending investments in oil and gas and commodities related investments, brokers and advisors must ensure that the investment is appropriate for the investor and conduct due diligence on the company in order to understand the risks and prospects of the company. Many of these companies relied upon high energy prices in order to sustain their operations.