Arbitration

Published on: April 8, 2014

Have You Been the Victim of Investment Scalping?

Investment fraud lawyers are currently investigating claims on behalf of investors who suffered significant losses as a result of a securities fraud related to scalping. Scalping occurs when a broker or financial advisor recommends a security and immediately sells the security to turn a profit. According to securities arbitration lawyers, when many investors purchase the security, the price rises, allowing the fraudster to gain financially.

Have You Been the Victim of Investment Scalping?

In one recent scalping scheme, securities fraud charges were filed by the Securities and Exchange Commission (“SEC”) against John Babikian, the promoter behind AwesomePennyStocks.com and PennyStocksUniverse.com. Both websites are affiliated microcap stock promotion websites and are known collectively as “ABS.” The SEC charges allege that Babikian engaged in scalping through the websites.

According to the SEC, on February 23, 2012, the websites sent emails to around 700,000 people, recommending investing in a particular penny stock, America West Resources Inc. (AWSRQ). However, the fact that Babikian held over 1.4 million shares of America West was not disclosed in the email, nor was the fact that he had positioned the shares for immediate sale via a Swiss bank.

Published on: April 3, 2014

Claims Against Berthel Fisher for Unsuitable Sale of Alternative Investments Begin

by InvestorLawyers

Our recent blog post, “Berthel Fisher and Affiliate Fined Regarding Sales of ETFs and Non-Traded REITs,” reported that in February the firm had been fined $775,000 by the Financial Industry Regulatory Authority (FINRA). The FINRA fines addressed alleged supervisory failures, including failure to properly supervise the sale of alternative investments like leveraged and inverse exchange-traded funds (ETFs) and non-traded real estate investment trusts (REITs). One claim has already been filed by investment fraud lawyers on behalf of a retired woman in Minnesota.

Claims Against Berthel Fisher for Unsuitable Sale of Alternative Investments Begin

According to the claim, the woman was sold non-traded REITs and other alternative investments by Jonathan Pyne, a broker for Berthel Fisher. The claim argues that her age and low risk tolerance made the investments unsuitable for her. The investments included:

Inland American Real Estate Trust

Published on: April 1, 2014

Unsuitable Alternative Investment Sales: LPL Customers Could Recover Losses

by InvestorLawyers

Securities fraud attorneys are investigating claims on behalf of customers of LPL Financial LLC. This move comes on the heels of an announcement on March 24, 2014 from the Financial Industry Regulatory Authority (FINRA) which stated that the firm had been fined $950,000 for supervisory failures related to alternative investment sales.

Unsuitable Alternative Investment Sales: LPL Customers Could Recover Losses

These investments included:

Non-traded real estate investment trusts, or REITs

Published on: March 27, 2014

Recovering Mortgage-backed Securities Losses

by InvestorLawyers

Investment fraud lawyers are currently investigating claims on behalf of investors who suffered significant losses in mortgage-backed securities. The investigations are concerning full-service brokerage firms that may have failed to properly supervise their traders and/or gave false pricing information to investors.

Recovering Mortgage-backed Securities Losses

Recently, Jefferies LLC agreed to settle charges with the Securities and Exchange Commission (“SEC”) by paying $25 million for allegedly failing to adequately supervise traders regarding mortgage-backed securities. In addition, authorities believe some of the Jefferies staff may have lied to investors regarding pricing. The alleged supervisory failures took place between 2009 and 2011. An SEC investigation reportedly found that Jefferies had lied to customers about the prices that hte firm piad for certain mortgage-backed securities that it later sold to customers, thus misleading the customers concerning the “markups” or trading profits received by Jefferies in connection with the sales.

The SEC argued that supervisors at Jefferies could not properly supervise trading activity with what they were given by the investment bank, and that they did not find out what customers were being told regarding what prices were paid by the bank for certain securities and whether or not this information was accurate. While the bank’s policy required supervisors to view electronic conversations, Jefferies has been accused of failing to review conversations on Bloomberg terminals, and the SEC contends that even when conversations were reviewed, the policy did not ensure that misrepresentations in price would be identified.

Published on: March 25, 2014

Clients of 3 Rockwell Global Capital Financial Advisors Seek Damages for Churning, Unsuitable Recommendations

by InvestorLawyers

Securities fraud attorneys are currently investigating claims on behalf of investors who suffered significant losses as a result of doing business with Douglas Guarino, Lawrence Lee or Robert E. Lee and Rockwell Global Capital. The investigations are regarding fraud, unsuitable recommendations and churning that the three men allegedly conducted while registered with Rockwell Global Capital as financial advisors.

According to stock fraud lawyers, firms have an obligation to fully disclose all the risks of a given investment when making recommendations, and those recommendations must be suitable for the individual investor receiving the recommendation given their age, investment objectives and risk tolerance. Churning, on the other hand, is a form of broker misconduct in which the broker performs excessive trading to generate personal profit.

In addition, a firm has an obligation to properly supervise brokers and financial advisors while they are registered with the firm. If it fails in this duty, securities fraud attorneys say it may be held liable for customer losses. One Statement of Claim has already been filed with the Financial Industry Regulatory Authority against the firm, alleging that Douglas Guarino, Lawrence Lee and Robert E. Lee had churned a client’s account. The claim is seeking damages for excessive trading, churning, fraud and unsuitable recommendations.

Published on: March 20, 2014

Customers of James E. Neilsen Could Recover Promissory Note Losses

by InvestorLawyers

Securities fraud attorneys are currently investigating claims on behalf of the customers of James E. Neilsen. These investigations are concerning Neilsen’s conduct and the sale of investment agreements and promissory notes while he was registered with Tradition Asiel Securities, Longship Alternative Asset Management, and Sound Securities.

Customers of James E. Neilsen Could Recover Promissory Note Losses

On January 9, 2014, Neilsen was put under an Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Fine and Notice of Rights to Hearing by the Banking Commissioner of the Connecticut Department of Banking. The order was amended on February 18. According to the allegations laid out in the order, to finance his partners’ business expenses, Neilsen individually and/or on behalf of his partners sold approximately $10 million in promissory notes and investment agreements that weren’t registered and weren’t exempt from being registered with the state. The conduct allegedly occurred between November 2005 and around September 2011. The order also states that though some investors have been partially repaid by Neilsen, $7 million remains outstanding.

Promissory notes are a type of debt sometimes used by companies in order to raise money. Through the note, the company promises to return the investor’s principal and pay fixed interest amounts. They have set terms and repayment periods that should be stated specifically in the note. According to stock fraud lawyers, some promissory notes are fraudulent from the beginning and exist only to convince investors they are entering into a contractual arrangement when, in reality, they are not. Others are real securities that, despite the fact that they should be registered with regulatory bodies, bypass registration and are sold as unregistered securities.

Published on: March 13, 2014

Berthel Fisher, Affiliate Fined Regarding Sales of ETFs and Non-traded REITs

by InvestorLawyers

Securities fraud lawyers are currently investigating claims on behalf of the customers of Berthel Fisher & Co. Financial Services Inc. and Securities Management & Research Inc., a Berthel Fisher affiliate in Marion, Iowa. In February, the Financial Industry Regulatory Authority (FINRA) announced that it had fined the two a total of $775,000 for supervisory deficiencies. The deficiencies included Berthel Fisher’s failure to properly supervise the sale of leveraged and inverse exchange-traded funds and non-traded real estate investment trusts.

Berthel Fisher, Affiliate Fined Regarding Sales of ETFs and Non-traded REITs

According to the FINRA investigation’s findings, Berthel Fisher did not have adequate written procedures and supervisory systems in place from January 2008 to December 2012 for the following alternative investments:

Non-traded REITs

Published on: March 11, 2014

Investment Loss Recovery Regarding Florlena Cortez, Former Chase Broker

by InvestorLawyers

Investment fraud lawyers are currently investigating claims on behalf of the customers of Florlena Cortez, a former broker for Chase Investment Services Corp. Cortez is also known as Florlena Cortez Alva and Florlena Cortez Guerrero, CRD No. 4339441. Cortez was registered with Chase from May 2002 to February 2012, and securities arbitration lawyers say that the firm could be held responsible for customer losses suffered during the time she was registered with the firm if Chase did not adequately supervise her activities.

Investment Loss Recovery Regarding Florlena Cortez, Former Chase Broker

Reportedly, Cortez entered into a Letter of Acceptance, Waiver and Consent in which the Financial Industry Regulatory Authority (FINRA) alleged that Cortez participated in private securities transactions from 2009 to 2010 “that were outside the regular course and scope of her association with Chase Investment Services. Cortez did not provide prior written notice to Chase Investment services describing in detail the proposed transactions and her proposed role in them, including whether she had received or would receive selling compensation in connection with the transactions.”

According to the letter, Cortez “informed FINRA that she will not appear to testify at an on-the-record interview” regarding whether she engaged in “undisclosed private securities transactions and outside business activities while registered with Chase Investment Services.” Cortez has been barred from association with any FINRA member.

Published on: March 4, 2014

Former VSR Financial Broker Allegedly Sold Unsuitable Alternative Investments

by InvestorLawyers

Securities fraud attorneys are currently investigating claims on behalf of investors who suffered significant losses as a result of the unsuitable recommendation and sale of alternative investments. In one recent arbitration claim, filed in Texas, two VSR Financial Services clients are seeking $600,000 in damages that allegedly resulted from the unsuitable recommendation and sale of alternative investments. The investments named in the claim include:

NetREIT Common
Florida Capital Real Estate Partners 27

Published on: February 25, 2014

Customers of Wade James Lawrence Could Recover Losses

by InvestorLawyers

Securities fraud attorneys are currently investigating claims on behalf of investors who suffered significant losses as a result of doing business with Wade James Lawrence. Lawrence, a former broker for Lubbock Investments, recently surrendered his securities license because the Financial Industry Regulatory Authority (FINRA) requested he give testimony regarding his conduct and Lawrence failed to appear for the on-the-record interview.

Customers of Wade James Lawrence, Merrill Lynch, Oppenheimer Could Recover Losses

Lawrence is also the defendant in two lawsuits filed in November. According to the allegations in these lawsuits, Lawrence failed to repay $1 million in loans made by private individuals. Reportedly, Lawrence stated in November 2013 that he would turn himself over to regulators “regarding allegations of illegal securities trading practices.”

According to FINRA reports, Lawrence has been accused of causing $140,000 in customer losses because of inappropriate trades during the time he worked with Southwest Securities and $71,000 in customer losses because of unauthorized trading when he was with Oppenheimer.