REIT attorney

Eric Felsenfeld Has Alternative Investment Complaints

January 22, 2024 | by Staff Attorney

Broker Eric Felsenfeld (Felsenfeld), currently employed at Ameriprise Financial Services, LLC (Ameriprise) and formerly registered with Kingswood Capital Partners, LLC (Kingswood) has been subject to at least three customer complaint during the course of his career. The complaints alleges that Felsenfeld made unsuitable trading recommendations, and recommending an overconcentration of non-traded Real Estate Investment Trusts (REITs) and Business Development Companies (BDCs) among other potential high risk alternative investments.

According to a BrokerCheck report, in February 2021, a customer alleged that Hancock recommended unsuitable investments in BDCs and REITS. The matter settled for $30,000.

In July 2023 another customer complained of breach of contract, breach of fiduciary duty, negligence and negligent misrepresentation, negligence, and violation of regulation best interest. The complaint alleged $22,000 in damages and settled for $22,000.

Broker Frederick Atiyeh Accused of Selling Unsuitable Alternative Investments

September 19, 2022 | by Staff Attorney

Advisor Frederick Atiyeh (Atiyeh), currently employed by brokerage firm Crown Capital Securities, L.P. (Crown Capital) has been subject to at least four disclosures and customer complaints. According to a BrokerCheck report 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 and have recovered in excess of $50 million in investor losses.

In August 2021 a customer complained that Atiyeh violated the securities laws by alleging that Atiyeh made misrepresentation of the risk factors in regards to the purchase of several alternative investments. The claim is currently pending and the investor seeks $50,000 in damages.

In February 2021 a customer complained that Atiyeh violated the securities laws by alleging that Atiyeh engaged in a lack of proper due diligence, lack of suitability and over concentration in regards to investments in alternative and variable annuity products. The claim is currently pending.

Financial Advisor David Bibo Has REIT Investor Complaints

September 22, 2021 | by Staff Attorney

Advisor David Bibo (Bibo), currently employed by brokerage firm Western International Securities, Inc. (Western International) has been subject to at least four customer complaints, one termination for cause, and two criminal matters 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 September 2020 a customer complained that Bibo violated the securities laws by alleging that Bibo made misleading recommendations and unsuitable recommendations in alternative investments. The claim alleges $300,000 damages, and is currently pending.

In December 2019 a customer complained that Bibo violated the securities laws by alleging that Bibo made unsuitable recommendations in alternative investments. The claim alleges $1,500,000 damages, and is currently pending.

In May 2019 a customer complained that Bibo violated the securities laws by alleging that Bibo made an unreasonable investment. The claim alleges $50,000 damages and was denied by the firm.

Financial Advisor Gregory Williams Subject to Nine Investment Complaints

September 21, 2021 | by Staff Attorney

Advisor Gregory Williams (Williams), formerly employed by brokerage firm Forta Financial Group, Inc. (Forta Financial) has been subject to at least nine customer complaints. 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 April 2021 a customer complained that Williams violated the securities laws by alleging that Williams committed the following violations: breach of fiduciary duty, negligence and violation of state and federal securities laws between November 2013 and February 2021. The claim involves alternative investments and alleges $30,000 in damages and is currently pending.

In October 2020 a customer complained that Williams violated the securities laws by alleging that Williams committed the following violations: breach of fiduciary duty, negligence and violation of state and federal securities laws between November 2014 and September 2020. The claim involves alternative investments and alleges $250,000 in damages and is currently pending.

In October 2020 a customer complained that Williams violated the securities laws by alleging that Williams committed the following violations: breach of fiduciary duty, negligence and violation of state and federal securities laws likely between March 2012 and September 2020. The claim involves alternative investments and alleges $99,000 in damages and is currently pending.

RW Holdings NNN REIT Suffer Losses – Investment Attorneys

August 10, 2020 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating recommendations by brokerage firms for their clients to invest in RW Holdings NNN REIT Inc., formerly known as Rich Uncles NNN REIT Inc.,- a non-traded real estate investment trust (non-traded REIT). RW Holdings originally sold shares for $10.00. The fund claims to have an estimated net asset value per share of $6.00. However, secondary market trading would likely value this REIT substantially lower in value.

As a background, RW Holdings NNN REIT’s real estate portfolio totals 2.4 million square feet, 45 properties divided into 19 retail properties, 14 office properties, and 12 industrial properties located in 14 states. The portfolio also includes approximate 72.7 percent tenant-in-common interest in an office property in Santa Clara, California.

In May 2020 The REIT said that it was suspended its offering and its plans to declare a revised net asset value per share later that month, as well as a revised distribution rate. RW Holdings expected that both will be lower due to the impact of the COVID-19 pandemic.

In a statement the REIT claimed “Given our inability to collect 100 percent of contractual rents, we are re-evaluating our current distribution rate…,”

More recently, the REIT published the new share valuation showing substantial losses and write downs and reduced its dividend ratio from $0.7 shares per ordinary share to $0.35 shares – a substantial decline.

Mercer Hicks Has Regulatory Complaint Over REIT Investment Sales

February 18, 2020 | by Staff Attorney

Advisor Mercer Hicks (Hicks), currently employed by Southeast Investments, N.C., Inc. (Southeast Investments) has been subject to at least five liens, three employment terminations for cause, and one regulatory complaint 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, 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 December 2019 Hicks was named a respondent in a FINRA complaint alleging that he recommended unsuitable investments to five senior customers to purchase speculative REITs and non-traded business development companies (BDCs). FINRA alleges that the prospectuses and subscription agreements for these non-traded REITs and non-traded BDCs stated that investing in these securities involved a high degree of risk, was speculative, was not suitable for persons who require immediate liquidity, guaranteed income, or seek short-term investments, and was only appropriate for those investors who could afford a complete loss of their investments.

FINRA claims that the five senior customers at issue were not seeking to make speculative, high-risk investments. The customers’ account documents indicated that they were seeking to preserve their capital or capital appreciation. In addition, FINRA claims that some of these customers have encountered difficulties liquidating the investments to obtain funds that they needed to pay for medical care. FINRA alleged that Hicks recommended purchases of unsuitable non-traded REITs and non-traded BDCs to the five senior customers totaling approximately $665,000 while Hicks received a seven percent commission from each sale totaling $46,550.

Broker Steven Orr – A Case Study For Investor Complaint Expungement Abuse

October 21, 2019 | by Staff Attorney

Recently, Steven Orr’s (Orr) attorney reached out to our firm to inform us our posts on Orr was inaccurate. The post detailed that Orr had been subject to five customer complaints concerning allegations of securities law violations including unsuitable investments and misrepresentations 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.

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

During this less than four hour hearing to decide five cases, H. Beck did not contest the request for expungement. In FINRA expungement cases, brokerage firms like H. Beck profit from being sued by their own brokers to clean their records. Of the five investors that complained concerning Orr’s investment recommendations – four of which resulted in documented settlements and compensation for the victims – none of the investors participated in the short hearing. Only one investor submitted a letter to the arbitrator opposing expungement. In sum, there was no meaningful opposition to Orr’s expungement request.

Without any significant opposition, the arbitrator found that there was “credible evidence presented demonstrated that Claimant made suitable recommendations to each of the Customers, fully and accurately representing the recommended investments including, but not limited to, any associated risks.” Further, “public disclosure of the false and clearly erroneous allegations made by the Customers does not offer any public protection and has no regulatory value.” In other words, the arbitrator found that Orr was the subject of lies by five of his clients – all of which astonishingly appear to have told the same or similar lie concerning Orr’s investment advice. From the record, it appears the arbitrator made this determination without ever speaking to a single client.

Advisor Richard Braverman Has Complaints Over Alternative Investments

September 29, 2019 | by Staff Attorney

Advisor Richard Braverman (Braverman), currently employed by Geneos Wealth Management, Inc. (Geneos Wealth) has been subject to at least five customer complaints during the course of his career. According to a BrokerCheck report the customer complaints mostly 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 August 2018 a customer complained that Braverman violated the securities laws by alleging that the investments were subject to unsuitable recommendations, breach of fiduciary duty and failure to adequately disclose the risks in real estate investments and direct investments interests purchased between March of 2008 and November of 2015. The claim is currently pending.

In July 2017 a customer complained that Braverman violated the securities laws by alleging that the investments were subject to unsuitable recommendations of an oil & gas investment in June 2008. The claim sought $47,000 in damages and was denied by the firm.

In September 2008 Braverman was permitted to resign from FSC Securities Corporation (FSC) over allegations that he violated the firm’s policies with respect to non-traded REITs.

Advisor Jeffrey Nesseth Subject to Complaints Over Alternative Investments

September 12, 2019 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against Jeffrey Nesseth (Nesseth) currently associated with Independent Financial Group, LLC (Independent Financial) out of Plano, Texas. According to a BrokerCheck report, Nesseth has been subject to at least four customer disputes, two of which are still pending. Nesseth’s customer complaints mostly concern alternative investments and direct participation products (DPPs) such as non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have extensive experience handling investor losses caused by these types of products.

In June 2018 a customer alleged that Nesseth engaged in an over-concentration in REITs that was unsuitable to the customer’s investment needs. The customer has requested $100,000 in damages. This dispute is currently still pending.

In June 2010 a customer alleged that from December 2007 to May 2008, Nesseth made unsuitable investments of corporate debt and oil & gas causing $300,000 in damages. The claim settled for $47,500.

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 products that no honest advisor would sell.

Lloyd Johnston Subject to Complaints Over Alternative Investments

September 10, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are investigating claims against advisor Lloyd Johnston (Johnston). According to records kept by The Financial Industry Regulatory Authority (FINRA), Johnston, formerly registered with Capital Financial Services, Inc. (Capital Financial) out of Spokane, Washington was barred from the financial industry. According to a BrokerCheck report, Johnston has been subject to at least two customer complaints, four regulatory actions, two investigations, one bankruptcy disclosure, one termination, and 15 tax liens. Johnston’s customer complaints allege that Johnston engaged in unsuitable sales of alternative investments and direct participation products (DPPs) such as non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have handed many cases with these types of investments causing investor losses.

In September 2018 Johnston failed to disclose or timely disclose tax liens with a balance exceeding $1,000,000 and violated the terms of a Conditional Registration Order, which resulted in the revocation of his license. Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts. In addition, a broker’s inability to manage their own finances is relevant in a customer’s decision to use their services.

In May 2018 Johnston failed to respond to FINRA’s request for information and was suspended indefinitely.

In May 2018 a customer alleged that Johnston’s sales of alternative investments were unsuitable to the customer’s investment needs. The exact amount of damages cannot be determined. The claim settled for $35,000.