Articles Tagged with Wells Fargo investment attorney

shutterstock_1081038-300x200Financial advisor James Paige (Paige), currently employed by brokerage firm Wells Fargo Clearing Services, LLC (Wells Fargo) has been subject to at least five customer complaints and one tax lien or judgement during the course of his career.  According to the most recent complaints, Paige has been accused by customers of engaging in unsuitably risky investments among other allegations against the financial advisor.

In February 2024 a customer complained that Paige violated the securities laws by alleging that Paige in or around the year 2021 made financial recommendations that were unsuitable and too risky for Claimants’ investment knowledge and needs.  The claim is currently pending.

In May 2023 a customer complained that Paige violated the securities laws by alleging that Paige, sometime after 2020, failed to diversity her portfolio and made unsuitable investment recommendations without disclosing the risks involved with the investments. The claim settled for $95,000.

Brokers are required to adhere to the SEC’s Regulation Best Interest (Reg BI) standard of care under the Securities Exchange Act of 1934 which establishes a “best interest” standard for broker-dealers and associated persons.  This standard applies when brokers make recommendations to retail customer for any securities transaction or investment strategy involving securities, including recommendations of types of accounts.  Reg BI is drawn from fiduciary principles that include an obligation to act in the retail investor’s best interest and the broker is prohibited from placing their own interests ahead of the investor’s interest.

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shutterstock_53865739-300x199The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Raul Benitez (Benitez), formerly employed by Wells Fargo Clearing Services , LLC (Wells Fargo) has been subject to at least six customer complaints and one termination for cause during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Benitez’s customer complaints alleges that Benitez recommended unsuitable investments in various investments and makes allegations including common law fraud, gross negligence.

In January 2024 a customer complained that Benitez violated the securities laws by alleging that Benitez made unsuitable investments and misrepresentations of recommendations in September 2014 and March 2015. The claim alleges $500,000 in damages and is currently pending.

In November 2023 a customer complained that Benitez violated the securities laws by alleging that Benitez made an investment recommendation that was unsuitable. The claim alleges $500,000 in damages and is currently pending.

In July 2021 a customer complained that Benitez violated the securities laws by alleging that Benitez made an investment recommendation in NorthStar that was unsuitable. The claim alleged $2178,707 in damages and settled for $175,000.

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shutterstock_171721244-300x200The law offices of Gana Weinstein LLP are currently investigating claims that advisor Peter Ianace (Ianace) has been accused by The Financial Industry Regulatory Authority (FINRA) of engaging in undisclosed outside business activities (OBAs).  According to records kept by FINRA Ianace was employed by Wells Fargo Clearing Services, LLC (Wells Fargo) and Merrill Lynch Pierce, Fenner & Smith Incorporated (Merrill Lynch) through June 2020 when he abruptly resigned when he refused to cooperate in FINRA’s investigation over these allegations.  If you have been a victim of Ianace’s alleged misconduct our firm may be able to assist you in recovering funds.

According to FINRA, the regulatory barred Ianace after he consented to the sanction that he refused to provide documents and information requested by FINRA in connection with its investigation into his potential failure to disclose outside business activities (OBAs) to his member firm.

Ianace’s BrokerCheck also reveals four customer complaints.  The most recent allegation in January 2021 alleges unsuitable investment recommendations and misrepresentations from February 2013 until December 2019 and claims $18 million in damages.  The claim is currently pending.

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shutterstock_189302954-300x203The law offices of Gana Weinstein LLP are following the investigation by the Massachusetts Secretary of the Commonwealth’s office where the Secretary of the Commonwealth opened an investigation into Wells Fargo’s brokerage and advisory sales practices.  Specifically, the state announced that the investigation seeks information related to inappropriate referrals of brokerage customers to managed and advisory accounts, unsuitable recommendations of alternative investments, as well as unsuitable referrals and recommendations in connection with 401(k) rollovers.

These three areas have been incredibly problematic in the securities industry in recent years.  First, brokerage firms have been accused of referring clients from brokerage accounts into advisory accounts even though the client does not need the advisory account.  The issue is that the fee structure in the advisory account is much greater and the client receives no additional investment service that the customer needs for the increased cost.  The second issue concerns complex securities products often referred to as alternative investments.  These investments can be problematic because they advisors are often paid high commissions in order to sell alternative investments that are rarely appropriate for investors.  Finally, in recent years there have been issues with advisors recommending a 401(k) rollover into a brokerage account.  The issue is that most 401(k) plans are very cost effective for investors and keep fees very low.  By contrast, brokers want to amass client’s 401(k) assets where the firm and broker can charge much higher fees for services that the client does not need.  Many times the client would have been better off not transferring their accounts to an advisor due to the higher cost and the potential for unsuitable investment advice.

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