securities arbitration lawyer

Published on: January 31, 2013

Losses Resulting from Unsuitable Recommendation of ETFs Could be Recoverable

Investment fraud lawyers are currently investigating claims on behalf of investors who have suffered significant losses in exchange traded funds, or ETFs. Exchange traded funds are similar to stocks in that they are investment funds traded on stock exchanges. These types of investments hold stocks, bonds, commodities or other assets. Throughout the trading day, an ETF trades close to its net asset value and most of these investments track a stock or bond index.

Losses Resulting from Unsuitable Recommendation of ETFs Could be Recoverable

Securities arbitration lawyers say that because of the low-cost, stock-like features and tax efficiency, ETFs are attractive to many investors. However, there are risks associated with ETFs that may make them unsuitable for some investors. In 2012, many ETFs suffered declines that resulted in investor losses. According to investment fraud lawyers, investors suffered losses anywhere from 22-90 percent in exchange traded funds.

The following is a list of ETFs that declined in 2012:

Published on: January 22, 2013

CommonWealth REIT Investors Could Recover Losses

by InvestorLawyers

Investment fraud lawyers are currently investigating claims on behalf of investors who suffered significant losses in CommonWealth REIT. Allegedly, between January 10, 2012, and August 8, 2012, CommonWealth issued false and misleading statements regarding its financial standing and prospects which, if proved to be true, would be a violation of the Securities Exchange Act of 1934.

CommonWealth REIT Investors Could Recover Losses

The CommonWealth real estate investment trust primarily owns and operates real estate, such as industrial buildings, office buildings and leased industrial land. Allegations currently being investigated by securities arbitration lawyers are that CommonWealth failed to disclose certain facts, including the fact that leased office spaces had fallen below expectations, existing tenants were receiving concessions which were eroding CommonWealth’s income and, as a result, CommonWealth’s positive statements about its occupancy rate, dividend payout and leverage ratio were not reasonably founded.

An announcement on August 8, 2012, stated that CommonWealth would likely be reducing its dividend payment. Among the reasons cited for this reduction were that its available cash for distribution payout ratio had increased and its occupancy rate had decreased. Following this announcement, the per share price of CommonWealth fell $1.57, or 9 percent, closing at $16.48 that day. Investment fraud lawyers say that by October 26, 2012, shares were trading at $13.58, a 52-week low. Furthermore, while CommonWealth REIT’s annual revenue increased from 2008 to 2011, its net income fell in that same period from $244.65 million to $109.98 million, a decline of $134.67 million.

Published on: January 17, 2013

Full-service Brokerage Customers Who Were Overconcentrated in Citigroup Stock Could Recover Losses

by InvestorLawyers

In light of Citigroup Inc. Securities Litigation, Case No. 07 Civ. 9901, a settled class action suit against Citigroup, Citigroup shareholders are encouraged to contact an investment fraud lawyer in order to explore all their legal rights and options for recovering substantial losses that resulted from holding a concentrated position in the stock. Investors with full-service brokerage firms, excluding Citigroup and its related parties, may be able to recover their losses through Financial Industry Regulatory Authority securities arbitration.

Full-service Brokerage Customers Who Were Overconcentrated in Citigroup Stock Could Recover Losses

Many claims related to the overconcentration in Citigroup stock in full-service brokerage accounts focus on the fact that many of these portfolios were mismanaged, given that risk management strategies were available that would have offered investors protection for the value of their portfolio. Securities arbitration lawyers say that protective puts and collars, stop loss and limit orders, “zero cost” collars and other “hedge” strategies are risk management strategies that could have been used to protect clients’ portfolios.

Protective puts, limit orders and stop loss orders are a way to give an account an exit strategy and downside protection in the event that a stock declines in value. A “zero cost” collar is a hedging strategy that creates a range of value, allowing the portfolio to maintain its value, irrespective of the direction and fluctuation of the price of the underlying stock. In many cases, investment fraud lawyers say that investors’ concentrated positions were directly exposed to fluctuations in the securities markets because of a failure of full-service brokerage firms to utilize these risk management strategies.

Published on: January 10, 2013

Investor Recovers $1.38 Million from Morgan Keegan

by InvestorLawyers

On December 17, a Financial Industry Regulatory Authority arbitration panel reportedly sided with an investor against Morgan Keegan & Co. Inc. Stock fraud lawyers say the FINRA arbitration panel awarded the investor $1.38 million in settling his complaint related to Morgan Keen proprietary bond funds called the Intermediate Fund. Of the award, $851,000 was for compensatory damages and $400,000 was for other compensation and legal fees.

Investor Recovers $1.38 Million from Morgan Keegan

The claim, which originally requested $4.3 million in relief, was filed in 2010 by Lawrence B. Dale, an investor in the Intermediate Fund. The award stated that Morgan Keegan allegedly “represented to the claimants that the (bond fund) was a safe and conservative investment.” Further allegations by Dale were that the Intermediate Fund “did not match Morgan Keegan’s misrepresentations, failed to disclose material information, misrepresented values, and invested in structured finance and asset-backed securities” that were unsuitable for Dale. The firm also allegedly failed to adequately supervise its employees, according to Dale.

Securities arbitration lawyers say that Morgan Keegan and Regions Financial have been facing many problems because of the Intermediate Fund and its blowup during the financial crisis. This fund was one of a group that saw a significant decline in net asset value in 2007 and 2008, reportedly between 60 and 80 percent. Furthermore, the firm was later charged by regulators with overstating the value of the funds’ mortgage-backed securities. The firm agreed to pay a fine to regulators amounting to $200 million in 2011. In addition, a civil complaint was filed by the Securities and Exchange Commission against the funds’ former board members in December. According to this complaint, the board members allegedly failed to properly oversee the managers of the fund.

Published on: January 8, 2013

Longwei Petroleum Under Investigation for Allegedly Misleading Investors with False Financials

by InvestorLawyers

Investment lawyers are currently investigating claims on behalf of investors in Longwei Petroleum Investment Holding Ltd. As a wholesale petroleum products distributor, Longwei Petroleum deals in storage, transportation, and sales of finished petroleum products in the People’s Republic of China.

Longwei Petroleum Under Investigation for Allegedly Misleading Investors with False Financials

In the latter part of December, Longwei Petroleum reported its sales revenue for October and November 2012. The company reported an increase in sales volume of 26.1% and an increase in product revenue of 35%, year-over year. However, in January, a report by GEOInvesting.com had a disastrous effect on the company’s share price because of the report’s allegations that the company had mislead investors with false financials. The report alleged Longwei Petroleum had exaggerated its November 2012 sales for its Gujiao and Taiyuan facilities. Allegations in the report also stated that the company failed to disclose a Tourism business investment amounting to $32 million. Allegedly, this investment was made by Shanxi Zhonghe Energy Conversion Co. Ltd., a Longwei Petroleum subsidiary.

On January 3, 2013, following the report, Longwei Petroleum’s shares plummeted 72%, or $1.68 per share, to only $0.62 per share during intraday trading. Securities arbitration lawyers say many investors suffered losses as a result of such a significant decline in per share value.

Published on: January 2, 2013

Wells Timberland REIT Share Price Cut 35%

by InvestorLawyers

On December 14, 2012, Wells Timberland REIT Inc’s board of directors issued a new estimated value of the real estate investment trust’s common stock. Wells Timberland REIT is now valued at only $6.56 per share. In 2006, when the REIT was launched, the public offering price of the shares was $10, so the new estimated per share value represents a 35% decline. In addition, because the product is illiquid in nature, securities arbitration lawyers say it could be difficult for investors to get $6.56 per share in the market.

Wells Timberland REIT Share Price Cut 35%

The Timberland REIT’s Securities and Exchange Commission 8-K filing stated that the fund has $11.70 per share in timber assets, $0.28 per share in other net assets, and $5.42 per share in preferred equity liabilities and debt. Reportedly a certified public accounting firm and a forest consulting firm’s appraisal information was used by the board of directors in determining the per share price, but the estimate itself was made by the board of directors.

Starting in January, Timberland REIT investors will supposedly be able to redeem their shares for $6.23, or 95% of the product’s estimated value. However, investment fraud lawyers say that no cash distributions have been made, redemptions are funded out of the REIT’s “distribution reinvestment plan” and, reportedly, no ordinary share redemptions have been made.

Published on: December 11, 2012

New York Attorney General Criticizes Mortgage-Backed Securities Activities of Credit Suisse and Wells Fargo

by InvestorLawyers

Securities arbitration lawyers continue to investigate claims on behalf of investors who suffered significant losses during the 2008 market crash. In many cases, large investment banks allegedly deceived investors as to the risks of complex investments, including mortgage-backed securities, causing devastating losses.

Have Credit Suisse and Wells Fargo Paid their Dues? Many Don’t Think So

Currently, Credit Suisse Securities and affiliates are being sued by the state of New York based on claims that the firm misled investors about the evaluation of residential mortgage-backed securities.

“We need real accountability for the illegal and deceptive conduct in the creation of the housing bubble in order to bring justice for New York’s homeowners and investors,” says Eric Schneiderman, the state’s attorney general.

Published on: November 30, 2012

More Arbitration Claims Against Brokers, Firms in Inland Western REIT and KBS REIT I

by InvestorLawyers

Stock fraud lawyers are currently investigating claims on behalf of investors who suffered significant REIT losses as a result of unsuitable recommendations of non-traded REITs. Recently, new arbitration claims have been filed on behalf of investors in Inland Western REIT, KBS REIT I and other risky investments.

More Arbitration Claims Against Brokers, Firms in Inland Western REIT and KBS REIT I

In one recent claim, securities arbitration lawyers say the claimants opened accounts with Multi-Financial and, despite the fact that the claimants indicated to the adviser they wanted to generate principal while protecting their income, the adviser proceeded to recommend a substantial investment in speculative and illiquid Real Estate Investment Trusts, or REITs and Limited Partnerships, or LPs. Based on the Multi-Financial adviser’s recommendation, the Claimants invested in Inland Western REIT, Wells REIT II, PDC 2005-B Oil & Gas, Reef Global Energy VII Oil & Gas, Cronos Containers Partners I, Hines REIT, Reef Global Energy VI Oil & Gas, Crowne Hattiesburg Bluffton Holdings, Mewbourne 2008-A, Oil & Gas, LEAF Commercial Finance Fund LLC, Atlas Resources 2008, Oil & Gas and Behringer Harvard Strategic Opportunity Fund II REIT.

Another recent filing was against one of the brokerage firms responsible for the supervision and actions of Paul Larsen, a former broker with VSR, ProEquities and six other firms before being permanently barred by FINRA in 2011. According to the allegations, Larsen made unsuitable recommendations of non-traded REITs, coal and natural gas speculation and other risky investments. A claim filed on November 21, 2012 alleges Larsen made improper recommendations of KBS REIT I, Atlas 14 and Atlas 15. Atlas 14 and 15 are both speculative natural gas and oil drilling ventures. For more information on KBS REIT I, see the pervious blog post, “KBS REIT I Investors Could Recover Losses.” Stock fraud lawyers say the brokerage firms could be held liable for REIT losses suffered by Larsen’s clients because they have a responsibility to adequately supervise their brokers.

Published on: November 29, 2012

Mark Hotton Allegedly Defrauded Clients; Investors Could Recover Losses

by InvestorLawyers

Investment fraud lawyers are currently investing claims on behalf of the clients of Mark Hotton. A recent complaint filed by the Financial Industry Regulatory Authority alleges that Hotton stole or rerouted money from his clients — funds that amounted to at least $8.5 million. Hotton, a stockbroker and businessman, was earlier accused of having allegedly defrauded the production team of “Rebecca: The Musical” by fabricating investors. Hotton was later sued by the producers of the musical. In an earlier statement, Preet Bharara, Manhattan U.S. Attorney, alleged that Hotton had “faked lives, faked companies and even staged a fake death, pretending that one imaginary investor had suddenly died of malaria.”

Mark Hotton Allegedly Defrauded Clients; Investors Could Recover Losses

FINRA’s latest charges against Hotton are separate from the charges that he defrauded the producers of the musical. These charges state that since 2006, Hotton allegedly stole at least $5.9 million from clients and caused funds amounting to at least $2.6 million to be rerouted from the Oppenheimer Inc. brokerage accounts of his clients. These rerouted funds were wired to Hotton’s outside business activities, other entities and individuals affiliated with Hotton. Furthermore, securities arbitration lawyers say Hotton reportedly lied when filling out third-party wire request forms, forged letters of authorization signatures and created investments that were completely fictitious.

In 2009, Hotton left Oppenheimer and he was last registered, until May 2012, with Obsidian Financial Group. Hotton faces serious charges in both cases, including 20 years in prison for each count of wire fraud related to the musical and monetary sanctions and/or a bar from the securities industry related to the most recent charges. Clients of Hotton are encouraged to contact an investment fraud lawyer as soon as possible to explore their options for recovering their losses through all possible avenues, including securities arbitration.

Published on: November 23, 2012

Clients of WR Rice, Joel Wilson Could Recover Losses

by InvestorLawyers

Following a Financial Industry Regulatory Authority news release issued on November 5, 2012, securities arbitration lawyers are investigating potential claims on behalf of the customers of WR Rice Financial Services and Joel Wilson. According to the release, a Temporary Cease-and-Desist Order has been filed against WR Rice Financial Services, a Michigan-based firm, and its owner Joel Wilson in order to prevent conversion of investors’ assets or funds and further fraudulent sales activities.

Clients of WR Rice and Joel Wilson Could Recover Losses

A complaint against Wilson and WR Rice was also issued by FINRA that charges Wilson and his firm with fraud related to the sales of limited partnership interests. These interests are affiliated with the American Realty Funds Corporation and Diversified Group, both of which are companies that Wilson controls and in which he has ownership interest. The Temporary Cease-and-Desist Order is based on the belief that ongoing depletion of customer assets and customer harm is likely to continue before the completion of a formal disciplinary proceeding.

According to the allegations in FINRA’s complaint, “WR Rice, Wilson and other registered representatives at the firm sold more than $4.5 million in limited partnership interests to approximately 100 investors from predominantly low- to moderate-income households, while misrepresenting or omitting material facts.”