Securities Lawyers Blog
The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Broker John Shen (Shen), currently employed by Ni Advisors has been subject to at least one disclosable event. These events include one tax lien. According to records kept by The Financial Industry Regulatory Authority (FINRA), Shen’s most recent customer complaint alleges that Shen recommended unsuitable investments in structured products and makes allegations concerning misconduct relating to the handling of the customer’s accounts.
FINRA BrokerCheck shows a final customer complaint on September 06, 2024.
Without admitting or denying the findings, Shen consented to the sanctions and to the entry of findings that he used an unapproved social media platform to communicate relating to his securities business. The findings stated that Shen communicated with an unknown number of customers through the social media platform’s text function, including promoting investment seminars, participating in question-and-answer sessions, and providing information relating to structured notes sold through his member firm. Shen did not retain the messages and did not provide copies of them to the firm. In addition, Shen inaccurately reported on two annual compliance questionnaires that all of his electronic communications with prospective customers were through his member firm email address. Furthermore, Shen was individually warned by the firm not to use an unapproved messaging channel to communicate with customers. Shen’s misconduct caused the firm not to capture or maintain these communications, which the firm was required to do.
The performance of structured products, driven by the market data, are a type of derivative. A structured product is commonly tied to a reference index that determines its market risk. It can originate from a single security, a group of securities such as a market index, commodities, interest rates, or a portfolio of real estate loans. The variety of products that can be structured demonstrates the difficulty in formulating a single unified definition of a structured product.
Structured products typically offer less attractive risk/return profiles than conventional debt or equity investments, as issuing firms—mainly large banks—capitalize on the difference between investor returns and the earnings from issuing structured notes, after subtracting commissions and fees paid to brokers. Due to the complexity of these products most investors will lack the ability to understand the merits of these investments or compute the probabilities of return versus loss. Some brokers inaccurately market these investments as fixed income or bond-like instruments that return capital. Structured products pose a greater risk of loss than corporate debt and other fixed-income alternatives, making them an inappropriate choice for fixed-income recommendations.
Recently, firms have begun selling redeemable structured notes often linked to a single investment or a basket of investments. Structured products connected to individual securities demonstrate significant risk without delivering substantial rewards. We conducted an analysis of a structured note based on Peloton’s stock, guaranteeing investors a 1.0625% monthly return (12.75% annually), and another note tied to Zillow’s stock, which offered 12% annual interest paid in monthly installments as long as the stock prices stayed above a predefined value. A decline of around 40% in both stocks would be required for the interest payment to be fully wiped out. In addition, if the stocks lost more than approximately 40% of their value then the investor would also lose their corresponding principal based upon the performance of the stocks and could lose their entire investment. Further, the notes were callable and could be cancelled by the sponsor.
These products are very high risk and low reward propositions because the investor can only profit at most by 12-12.75% over the course of one year. Even if Peloton or Zillow doubled in value all the investor could achieve would be the interest payment as their profit and none of the price appreciation. Meanwhile the maximum loss is 100% of the investment if the stocks fell severely. Accordingly, the investor takes dramatic downside risks associated with the volatile stocks while having no chance to participate in the success of the stock.
According to newsources, a study revealed that 7.3% of financial advisors had a customer complaint on their record when records from 2005 to 2015 were examined. Brokers must publicly disclose reportable events on their BrokerCheck reports that include customer complaints, IRS tax liens, judgments, investigations, terminations, and criminal cases.
Shen entered the securities industry in 2004. Shen has been registered as a Broker with Ni Advisors since 2021.
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.
