Articles Tagged with structured product attorney

shutterstock_176534375-300x198The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor John Micera (Micera), currently employed by RBC Capital Markets, LLC (RBC) has been subject to at least two customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Micera’s most recent customer complaint alleges that Micera recommended unsuitable investments in structured products and makes allegations concerning misconduct relating to the handling of the customer’s accounts.

In April 2024 a customer complained that Micera violated the securities laws by alleging that Micera recommended unsuitable investments in high risk, illiquid, high commission/fee structured notes. The claim alleges $2.275 million in damages and is currently pending.

Structured products are a class of derivative products that derive their performance from market linked data.  A structured product generally references a source against which market risk is taken. The source can be a single security, a basket of securities such as a market index, commodities, interest rates, or a real estate loan portfolio. The variety of products that can be structured demonstrates the difficulty in formulating a single unified definition of a structured product.

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shutterstock_173864537-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Robert Brinckerhoff (Brinckerhoff), currently employed by Morgan Stanley has been subject to at least five customer complaints and five regulatory actions during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Brinckerhoff’s customer complaints alleges that Brinckerhoff recommended unsuitable investments in various investments such structured products among other allegations of misconduct relating to the handling of their accounts.

The law offices of Gana Weinstein LLP are currently representing investors who were surprised to find out that the “bonds” that were recommended by their advisors have almost completely stopped paying interest while plummeting in value.  What many investors in this situation did not realize was that they were not sold bonds at all but instead complex structured products that go by a variety of names including steepener notes, adjustable rate market notes, spread linked notes, or structured notes.  Regulators have already stated that it is improper to sell these investments as a fixed income substitute or to compare them to bonds in terms of producing a revenue stream.  However, in our firm’s experience it appears that many brokers have been selling structured products as bond alternatives.

Structured products range in risk from benign to extreme.  However, most structured products produce inferior risk/return profiles than ordinary debt or equity instruments because the brokerage firms that issue these products seek to profit from the spread between the payment to investors and the amount of money the brokerage firm can make from the issuance.  When dealing with complex structured products most investors will lack the ability to understand the merits of investments nor are they appropriate for investors seeking a fixed or reliable income and have a desire for preservation of capital.

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