Securities Lawyers Blog
The law offices of Gana Weinstein LLP are currently investigating claims that Broker Christian De berardinis (De berardinis) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that De berardinis was employed by Morgan Stanley at the time of the activity. If you have been a victim of De berardinis’s alleged misconduct our firm may be able to assist you in recovering funds.
FINRA BrokerCheck shows a final customer complaint on September 19, 2024.
Without admitting or denying the findings, De Berardinis consented to the sanctions and to the entry of findings that he participated in private offerings of securities that raised $2.45 million from customers of his member firm without providing prior written notice to or receiving approval from his firm. The findings stated that De Berardinis introduced the firm customers to the CEO of a dairy company and recommended that they invest in the company. De Berardinis also facilitated the customers’ investments by providing them with information about the investment. In some cases, De Berardinis assisted customers with paperwork and, at his customers’ requests, transferred funds from the customers’ firm accounts to the company to fund their investments. De Berardinis received $22,500 from the company in referral fees. De Berardinis also falsely responded to questions about whether he had participated in private securities transactions on annual firm compliance questionnaires.
We specialize in representing victims of fraud when financial advisors take loans from clients or facilitate securities transactions through OBAs. The sale of unauthorized investment products, fraudulent schemes that disguise misused funds, and other deceptive practices are collectively known in the industry as “selling away,” a serious breach of 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. In some cases, these investments are legitimate, but more often than not, they result in Ponzi schemes or financial advisors converting funds for personal use.
However, federal securities laws and the FINRA rules require firms to monitor and supervise its employees in order to detect and prevent brokers from offering investments in this fashion. To ensure proper supervision of brokers, firms must establish procedures for monitoring advisors’ actions and engagements with the public. Selling away misconduct often occurs where brokerage firms either fail to put in place a reasonable supervisory system or fail to actually implement that system. Supervisory failures allow brokers to engage in unsupervised misconduct that can include all manner improper conduct including selling away.
In cases of selling away the investor is unaware that the advisor’s investments are improper. In many of these cases the investor will not learn that the broker’s activities were wrongful until after the investment scheme is publicized, the broker is fired or charged by law enforcement, or stops returning client calls altogether.
De berardinis has been in the securities industry for more than 21 years. De berardinis has been registered as a Broker with Morgan Stanley since 2015.
Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. At Gana Weinstein LLP, our attorneys are experienced representing investors who have suffered securities losses due to the mishandling of their accounts. Claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.
