LPL Financial

Rhett Bedwell Accused of Selling Ponzi Scheme Investments – Investor Recovery Options

October 19, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Rhett Bedwell (Bedwell) has been accused by clients of engaging in fraudulent investment activities including undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA Bedwell was employed by LPL Financial LLC (LPL Financial) at the time of the activity. If you have been a victim of Bedwell’s alleged misconduct our firm may be able to assist you in recovering funds.

Rhett Bedwell is accused by investors and was investigated for unsuitably recommending investors to invest in a Ponzi scam involving Small World Capital and Graysail Capital. In March 2021 FINRA barred Bedwell after finding that Bedwell consented to sanctions and findings that he refused to produce information and documents requested by FINRA during the course of its review of an amended Form U5 filed by his former member firm. FINRA’s investigation stemmed from a disclosure that Bedwell had been identified in a pending customer arbitration alleging that he moved a client’s IRA to a different administrator and used forged documentation to invest the claimant’s money in a Ponzi scheme.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling securities sales through OBAs. The sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws. In the industry the term selling away refers to when a financial advisor solicits investments in companies, promissory notes, or other securities that are not pre-approved by the broker’s affiliated firm. Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

James Couture Accused of Misappropriating Client Funds – Investor Recovery

September 13, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor James Couture (Couture) has converted customer funds among other allegations. According to BrokerCheck records, Schmidt is formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm LPL Financial LLC (LPL Financial) out of the firm’s Worcester, Massachusetts office location. In addition, Couture disclosed two customer complaints, one employment terminations for cause, and two regulatory actions. If you have been a victim of Couture’s alleged misconduct our firm may be able to assist you in recovering funds.

In June 2020 LPL Financial terminated Couture alleging that he had altered identifying information, account balances and distributions in customer account statement, maintained comingled customer funds, use of an unapproved email address. Thereafter, FINRA investigated these claims but Couture refused to comply with the agency’s requests.

In June 2021 the SEC alleged that Couture violated his fiduciary duty to his clients by engaging in a deceptive scheme to misappropriate approximately $2.9 million from them. According to the SEC, Couture fraudulently prompted his clients to sell portions of their securities holdings in order to fund large money transfers to an entity that he owned and controlled. The SEC alleges that once Couture used the fraudulently obtained authorizations to secure the sale of client securities and transfers of the proceeds to his exclusive control, Couture then spnt the money for his own benefit. Couture went so far as to lull clients into believing that their sale proceeds had been actually reinvested by providing them with fabricated account systems and account holding reviews. The SEC found that the fabricated statements contained securities transactions that never happened, investments that did not exist, and earnings that the clients never received for the purposes of creating the false appearance that Couture had reinvested his clients’ money.

Ameriprise Financial Advisor Kevin Houser Has REIT Investment Complaints

May 31, 2021 | by Staff Attorney

Advisor Kevin Houser (Houser), currently employed by brokerage firm Ameriprise Financial Services, LLC (Ameriprise) has been subject to at least four customer complaints during the course of his career. According to a BrokerCheck report several of the customer complaints concern alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

In November 2020 a customer complained that Houser violated the securities laws by alleging that Houser made misleading recommendations in various REITs and BDCs including Franklin Square, Cole Credit Property Trust IV, and CIM REIT. The claim involves alternative investments and alleges $358,000 damages, and is currently pending.

In July 2020 a customer complained that Houser violated the securities laws by alleging that Houser made misleading recommendations in various REITs, BDCs, and an annuity including Franklin Square. The claim involves alternative investments and alleges $300,000 damages, and is currently pending.

Gana Weinstein LLP Files Case on Behalf of Client of Advisor Kevin McCallum and Investment in Medley Capital Corporation

February 6, 2021 | by Staff Attorney

The law offices of Gana LLP recently filed a complaint before The Financial Industry Regulatory Authority (FINRA) on behalf of a investor against brokerage firm LPL Financial, LLC (LPL) involving the firm’s financial advisor, Kevin McCallum (McCallum) and his use of discretion to invest substantial sums in Medley Capital Corporation (MCC). The Claimant alleged that LPL failed to supervise Mr. McCallum’s discretionary trading in MCC, breached their fiduciary duty to Claimant, and failed to conduct due diligence on the investment. In addition, due to the massive amount of MCC that LPL allowed Mr. McCallum to purchase on behalf of all of his clients, the Claimant alleged that LPL had an undisclosed conflict of interest in the MCC transaction.

MCC is a low-priced thinly traded security and is a non-diversified closed end management investment company incorporated in Delaware that is a business development company (BDC). MCC commenced operations on January 20, 2011 with an investment objective to generate current income and capital appreciation by lending directly to privately held middle market companies. BDCs often enter into high risk lending arrangements.

In this case, MCC was even more risky than the average BDC due to several factors including: 1) the BDC was a thinly traded micro-cap issuer and a low-priced or penny stock; 2) MCC had suffered from years of ongoing losses and declines in its business portfolio; and 3) MCC’s management was accused and found to have engaged in an unethical bidding process. Due to the foregoing high risk factors, an investment in MCC was unsuitable for the vast majority of investors and certainly unsuitable in large concentrations for any investor.

Enrique Lopez Has Complaints Over Alternative Investments

April 14, 2020 | by Staff Attorney

Advisor Enrique Lopez (Lopez), currently employed by Arkadios Capital, has been subject to at least four customer complaints during the course of his career. According to a BrokerCheck report the customer complaints concern alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, and private placements. Lopez discloses that he operates a number of outside businesses, some of which are investment related, including Cristobal Eden Partners, LLC, Lopez Brothers Distribution, LLC, Gallop Investment Partners, LLC, Cordero Diego, LLC, and Texas Regional Bank. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

In January 2020 a customer complained that Lopez violated the securities laws by alleging that Lopez engaged in sales practice violations related to recommending investments that were not suitable including non-traded REITs. The claim is currently pending.

In June 2019 a customer complained that Lopez violated the securities laws by alleging that Lopez engaged in sales practice violations related to between 2014 and 2016 advisor misrepresented and recommended unsuitable, concentrated investments in speculative real estate investment trusts. The investor also alleged that the advisor recommended an unsuitable annuity switch. The claim seeks $2,000,000 in damages and is currently pending.

DDPs include products such as non-traded REITs, oil and gas offerings, equipment leasing products, and other alternative investments. These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure. Brokers selling these products are paid additional commission in order to hype these inferior quality investments providing a perverse incentives to create an artificial market for the investments. Continue Reading

Advisor Yvonne Silguero Has Complaints Over Altnerative Investment Sales

December 18, 2019 | by Staff Attorney

Advisor Yvonne Silguero (Silguero), currently employed by LPL Financial LLC (LPL Financial) has been subject to at least two customer complaints during the course of her career. According to a BrokerCheck report the customer complaints concerns alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have represented dozens of investors who suffered losses caused by these types of high risk, low reward products.

In August 2019 a customer complained that Silguero violated the securities laws by alleging that Silguero engaged in sales practice violations related to negligence, misrepresentations, breach of fiduciary duty from July 2014 through October 2018 concerning alternative investments. The claim alleges $500,000 in damages and is currently pending.

In April 2017 a customer complained that Silguero violated the securities laws by alleging that Silguero engaged in sales practice violations related to violations of the Texas State Securities Statutes, negligent misrepresentations, unsuitable investment recommendations and violations of the FINRA Rules. The claim alleged $3,759,713 in damages and went to hearing. The arbitration panel found LPL Financial liable and awarded $864,839 in damages, $340,000 in attorneys’ fees, and $350,000 in additional damages.

Advisor Dain Stokes Accused Of Running An Investment Scam – Recovery Options

December 16, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Dain Stokes (Stokes) was discharged by his employer after being accused of running an investment fraud scheme. According to BrokerCheck records, Stokes is formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm LPL Financial LLC (LPL Financial). In addition, Stokes disclosed two regulatory complaints and four customer complaints. If you have been a victim of Stokes’ alleged misconduct our firm may be able to assist you in recovering funds.

On August 1, 2019 an investor reported to the Fremont Police Department that he had possibly been defrauded by Stokes related to an investment of two hundred one thousand dollars. The complaint alleges that the investment was for an alleged project in Africa purportedly involving popstar Taylor Swift. The victim provided copies of cancelled checks, unsecured promissory notes, and text messages to the Fremont Police Department that corroborated his complaint.

According to the complaint Stokes used fraudulent messages to continue to entice the investor including:

On November 29, 2018, Stokes is claimed to have wrote: “We are getting close, a week, maybe two, I just had a long talk with Taylor about it in the middle of the night lol.”
On May 8, 2019, Stokes is claimed to have wrote: “Taylor is meeting with Bill Gates and the rest of the sponsors who are paying out the commissions on May 20th To try in wrap things up, so we all get paid.”
On June 12, 2019, Stokes is claimed to have wrote: “Trump’s illegally locked my bank accounts, and I’m fighting it in the Federal Bank Commission in the New Hampshire AG’s Office. Taylor is releasing a new song on Instagram in 30 minutes and I’m promoting it.”

In August 2019 LPL Financial discharged Stokes in connection with State of New Hampshire suspension of investment adviser agent and broker-dealer representative license.

Advisor Christopher Watkins Subject to Employment Termination and a Customer Complaint

December 7, 2019 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Christopher Watkins (Watkins), currently employed by Silver Oak Securities, Incorporated (Silver Oak Securities) has been subject to at least one employment termination for cause and one customer complaint during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Watkins’ customer complaint alleges that Watkin recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In November 2018 Watkins’ then employer, LPL Financial LLC (LPL Financial), discharged Watkins claiming that he facilitated the distribution of advisory fee monies to an unregistered person.

In August 2019 a customer complained that Watkins violated the securities laws by alleging violations of the securities laws including unsuitable investments involving REITs and energy investments. The claim alleges $115,000 in damages and is currently pending.

Bryan Clark Barred By Securities Regulatory Over Private Securities Sales

October 14, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Bryan Clark (Clark), formerly associated with Madison Avenue Securities, LLC (Madison Securities), was accused of selling securities without informing his brokerage firm. According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) Clark has three customer complaints, one bankruptcy disclosure, and one regulatory action. If you have been a victim of Clark’s alleged misconduct our firm may be able to assist you in recovering funds.

In August 2019 FINRA brought a regulatory action against Clark alleging that Clark consented to the sanction and to the entry of findings that he refused to appear and provide on-the-record testimony during the course of FINRA’s investigation into whether he willfully failed to disclose a bankruptcy, failed to disclose outside business activities and participated in private securities transactions.

At this time it is unclear what business activities and the private securities transactions refer to. Clark’s disclosures list several business activities including Preservation Capital Group, LLC and Value Health + Life Insurance Serves.

Advisor Adam Lunceford Has Complaint Over Alternative Investments

October 10, 2019 | by Staff Attorney

Advisor Adam Lunceford (Lunceford), currently employed by LPL Financial LLC. (LPL Financial) has been subject to at least two customer complaints during the course of his career. According to a BrokerCheck report one customer complaint concerns alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have represented investors who suffered losses caused by these types of products.

In June 2019 a customer complained that Lunceford violated the securities laws by alleging that Lunceford disregarded the Claimant’s objectives by recommending that he invest more than half his portfolio in illiquid non-traded REITS. The claim alleges $250,000 in damages and is currently pending.

In September 2014 a customer complained that Lunceford violated the securities laws by alleging that Lunceford changed the investment objective for their accounts which resulted in unsuitable trading. The claim was denied by the firm.

DDPs include products such as non-traded REITs, oil and gas offerings, equipment leasing products, and other alternative investments. These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure. Brokers selling these products are paid additional commission in order to hype these inferior quality investments providing a perverse incentives to create an artificial market for the investments.