Financial Firms

Investor Blames David Lerner Associates Broker Glenn Werner For Investment Losses

Published on: February 22, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Arbitration Claim Seeks $250K in Damages, Possibly Involving Energy 11 LP

An investor has filed a Financial Industry Regulatory Authority (FINRA) arbitration claim naming David Lerner Associate, Glenn Howard Werner. Seeking $250K in damages, the claimant contends that misrepresentations and omissions, unsuitable investment recommendations, and a breach of fiduciary duty occurred.

While not specified in Werner’s BrokerCheck, some sources report that mutual funds and energy investments, including Energy 11, LP may have been involved.

JP Morgan Securities & Two Former Brokers Ordered to Pay $19M, Found Liable for Elder Financial Abuse

Published on: February 17, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Unauthorized Trading and Abuse of Fiduciary Duty By Older Investor’s Grandsons

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ruled that JP Morgan Securities (JPM) and its ex-brokers, Avi Elliot Schottenstein and Evan A. Schottenstein, must pay a senior investor $19M in her investment fraud claim over losses sustained from the unauthorized trading of complex products in her brokerage account.

The claimant is Beverley Schottenstein of Bal Harbour, Florida, of the family that owns holding company Schottenstein Stores Corp. The two former JP Morgan registered representatives are her grandsons.

Triad Advisors To Pay $194K For Supervisory Failures Involving Short-Term Trading of Mutual Fund Class A Shares

Published on: February 16, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Settlement in FINRA Case Involves Repaying Nearly $44K to Affected Customers

The Financial Industry Regulatory Authority (FINRA) has ordered Triad Advisors to pay a $150K fine for not adequately supervising both short-term trades involving Class A shares of mutual funds and variable annuity exchanges. The self-regulatory organization (SRO) also accused the Atlanta-headquartered broker-dealer of not making timely disclosures involving customer complaints and arbitration.

Triad Advisors, which is an Advisor Group network brokerage firm, consented to repay clients that were affected nearly $44k as part of its settlement for this case. It is not, however, denying or admitting to FINRA’s findings.

NY Retiree Says David Lerner Associates Broker Mike Norton Sold Her Unsuitable Energy 11 Investment

Published on: February 15, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Arbitration Claim Seeks Up to $100K in Damages for Investor’s Losses

A New York widow is pursuing damages from David Lerner Associates after she suffered losses from investments she purchased at broker Michael Joseph Norton’s recommendation, including the firm’s proprietary Energy 11, LP private placement. Norton, a Syosset, NY stockbroker, has been named in several customer disputes.

Our New York securities fraud attorneys at Shepherd Smith Edwards and Kantas (SSEK Law Firm at investorlawyers.com) are representing this senior investor in her Financial Industry Regulatory Authority (FINRA) arbitration claim against the brokerage firm. She is seeking up to $100K damages along with interest, costs, and legal fees.

Woodbury Financial Services Broker Robert Ginsberg Accused of Unsuitable Investment Recommendations

Published on: February 10, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Wallingford, Connecticut Investment Advisor Named in Four Pending FINRA Arbitration Cases

If you suffered investment losses while working with Woodbury Financial Services broker, Robert Scott Ginsberg, please contact Shepherd Smith Edwards and Kantas (SSEK Law Firm at investorlawyers.com). The Woodbury Financial investment advisor, who is based in Wallingford, Connecticut, is named in four pending customer disputes.

He has been in the securities industry for 12 years. Prior to working for Woodbury Financial Services in 2016, where he is also a registered investment advisor, Ginsberg was a registered representative for Investors Capital Corp. and Investors Capital Advisory.

Ex-MML Investors Services Broker Gary Hammond Accused of Making $1.6M In Unauthorized Transactions

Published on: February 2, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Bars Former Charlotte, North Carolina Financial Advisor

The Financial Industry Regulatory Authority (FINRA) arbitration has permanently barred Gary Wayne Hammond, an ex-North Carolina broker, following allegations that he took part in more than $1.6M in private securities transactions without having given written notice to his then-firm. The transactions appear to involve limited liability companies run by Hammond’s half-brother, who is accused of operating Ponzi scams.

Hammond worked in the industry for 21 years, most recently as a Horner, Townsend, and Kent broker, where he worked for four months in 2017 and right before that with MML Investors Services, where he was a registered representative for two months.

David Lerner Associates Broker Rafael Klein May Have Unsuitably Recommended Energy 11 To Investors

Published on: January 21, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Pending Customer Disputes Involving David Lerner Associates Broker Rafael Klein Seek $300K in Damages

Rafael Scott Klein, a David Lerner Associates broker and Spirit of America Management Corp. investment advisor, may have unsuitably sold investments in Energy 11, LP to customers. Energy 11 is a non-traded limited partnership set up to acquire and develop natural gas and oil properties in the United States. It was marketed and sold through David Lerner Associates but is no longer available to new investors.

According to BrokerCheck, Rafael Klein, who has been a David Lerner Associates registered representative for 15 years, is currently the subject of two pending customer disputes.

LPL Financial Acquires Lucia Securities

Published on: January 18, 2021 | by Shepherd Smith Edwards & Kantas, LLP

San Diego-Based Brokerage Firm Under Scrutiny Over Sierra Income Sales

LPL Financial Holdings (LPLA), the largest independent brokerage firm in the United States, has finalized its acquisition of Lucia Securities, a San Diego-based broker-dealer and registered investment advisor. With over $1.5B in assets, Lucia Securities and its advisors will operate under the name Lucia Capital Group.

Even prior to the acquisition, our San Diego broker fraud attorneys at Shepherd Smith Edwards and Kantas (SSEK Law Firm at Investorlawyers.com) were investigating Lucia Securities over its sale of Sierra Income Corporation investments to customers. LPL Financial also used to market and sell investments in this nontraded business development company (BDC) to investors but stopped.

LPL Financial Fined $6.5M by FINRA Over Inadequate Supervision

Published on: January 12, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Lax Oversight Purportedly Allowed An LPL Broker to Continue Defrauding Customers in Ponzi Scam

The Financial Industry Regulatory Authority (FINRA) has fined LPL Financial Holdings (LPLA) $6.5M due to purported supervisory inadequacies related to recordkeeping, fingerprinting employees that were non-registered representatives, and its financial advisers’ consolidated reports. The self-regulatory organization (SRO) found that due to weak oversight of these consolidated reports, an ex-broker was enabled to continue committing a $5M Ponzi scheme.

The former registered investment advisor, identified by Advisors Hub as ex-Norwalk, Connecticut broker James Thomas Booth, pleaded guilty to securities fraud in November. He was sentenced to 42 months behind bars. Booth has been named in 36 customer disputes.

Transamerica To Pay $8.8M Over Unsuitable Mutual Fund, 529 Plans, and Variable Annuity Sales

Published on: January 5, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Settlement Includes Restitution to More than 2,400 Customers

In an agreement reached with the Financial Industry Regulatory Authority (FINRA), Transamerica Financial Advisors consented to pay $8.8M over the unsuitable sales of mutual funds, variable annuities (VAs) and 529 savings plans to customers.

$4.4M of this is a fine and $4.4M is restitution to about 2,400 customers who were financially harmed. The firm settled with FINRA but without denying or admitting to its findings.