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Articles Posted in Churning

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Most investors believe that their brokers will trade on their behalf with their best interests in mind. In fact, they’re required to in accordance with Regulation Best Interest, or Reg BI. In a nutshell, brokers must always use the investor’s best interest as their benchmark before making any recommendation. This includes vetting an investment and completing due diligence following their broker-dealer’s recommendations. Unfortunately, not every broker follows that rule, nor any other rule, resulting in losses for the investor. One method is when a broker continually trades in an investor’s account, but the investor sees no reasonable gains. Sometimes, the excess trading is done on margin, leading to additional charges and risks. The investor loses money and pays increasing amounts of commissions, fees, and other expenses. This process is known as churning. Churning DefinitionMost investors believe that their brokers will trade on their behalf with their best interests in mind. In fact, they’re required to in accordance with Regulation Best Interest, or Reg BI. In a nutshell, brokers must always use the investor’s best interest as their benchmark before making any recommendation. This includes vetting an investment and completing due diligence following their broker-dealer’s recommendations. Continue reading ›

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Christopher Polinaire (Christopher Edward Polinaire CRD# 4330879) is a previously-registered broker whose last employer was Network 1 Financial Securities Inc. (CRD#:13577) of Hauppage, NY. His prior employers include Arive Capital Markets (CRD#:8060) of Ronkonkoma, NY, First Standard Financial Company, LLC (CRD#:168340) of Garden City, NY, and Rockwell Global Capital LLC (CRD#:142485) of Melville, NY. He has been in the industry since 2004. Following a 2020 cause exam by FINRA of Arive Capital Markets, it was found that Polinaire “excessively and unsuitably” traded in three customer accounts. These customers were senior investors, all over the age of 65.Christopher Polinaire (Christopher Edward Polinaire CRD# 4330879) is a previously-registered broker whose last employer was Network 1 Financial Securities Inc. (CRD#:13577) of Hauppage, NY. His prior employers include Arive Capital Markets (CRD#:8060) of Ronkonkoma, NY, First Standard Financial Company, LLC (CRD#:168340) of Garden City, NY, and Rockwell Global Capital LLC (CRD#:142485) of Melville, NY. He has been in the industry since 2004. Continue reading ›

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Efthimios George Petrou (CRD# 2672840) is a registered broker last employed with Arive Capital Markets (CRD#:8060) of Ronkonkoma, NY. He was also employed by J.P. Turner & Company, L.L.C. (CRD#:43177) of Middle Island, NY, Investec Ernst & Company (CRD#:266) of New York, NY, and Royce Investment Group, Inc. (CRD#:10494) of Woodbury, NY. He has been in the industry since 1995. Following FINRA’s 2019 cycle exam of Arive Capital Markets, it was discovered that Petrou had engaged in excessive trading for a retired client. He was a 67 year old pharmacist who had a limited understanding of the stock market. From January 2017 through October 2018, while employed with Arive, Petrou engaged in excessive trading which included the use of margins. Petrou recommended to his customer a total of 73 trades, all placed on margin. The total of all the trades meant that this customer paid $88,348.13 for commission and trade costs $7,958.52 for margin interest, totaling $96,306.65. This cost-to-ratio was 86%, indicating that the customer’s account would have to increase by 86% to break even. Petrou’s unsuitable recommendations led to the customer losing approximately $17,000 by following his advice.Efthimios George Petrou (CRD# 2672840) is a registered broker last employed with Arive Capital Markets (CRD#:8060) of Ronkonkoma, NY. He was also employed by J.P. Turner & Company, L.L.C. (CRD#:43177) of Middle Island, NY, Investec Ernst & Company (CRD#:266) of New York, NY, and Royce Investment Group, Inc. (CRD#:10494) of Woodbury, NY. He has been in the industry since 1995. Continue reading ›

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Back in 2019, we blogged about broker Michael Venturino (CRD #5872439), the subject of multiple customer disputes totaling $1.6 million. Since then, he has additional disclosures, including two judgements, a bankruptcy discharge, and of course, more customer disputes. At this writing, Venturino is still registered and employed with Spartan Capital Securities, LLC (CRD#: 146251) of Garden City, NY. He began his broker career in 2010. In the disciplinary action, FINRA’s investigation found that Venturino exercised de facto control over the accounts of eleven clients while at Aegis and made unauthorized trades in a total of twelve accounts. He made recommendations to the clients of what they should buy and sell as well as unauthorized trading.Back in 2019, we blogged about broker Michael Venturino (CRD #5872439), the subject of multiple customer disputes totaling $1.6 million. Since then, he has additional disclosures, including two judgements, a bankruptcy discharge, and of course, more customer disputes. Continue reading ›

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Broker-dealer Joseph Stone Capital (CRD# 159744/SEC# 8-69014), based in Mineola, NY, has recently been fined by FINRA for allowing eight of its brokers to engage in excessive trading in their customers’ accounts. This practice is known as “churning,” and it always costs a customer money. From January 2015 to June 2020, Joseph Stone Capital and eight of its brokers engaged in excessive trading in several customer accounts and made considerable commissions for themselves and the firm. This caused the customers to over-pay and never see a return on their investments. FINRA made the announcement on September 8, 2022, and levied a fine of $1.04 million against the firm. The firm also failed to create adequate Written Supervisory Procedures (WSPS) that complied with FINRA Rule 2111.Broker-dealer Joseph Stone Capital (CRD# 159744/SEC# 8-69014), based in Mineola, NY, has recently been fined by FINRA for allowing eight of its brokers to engage in excessive trading in their customers’ accounts. This practice is known as “churning,” and it always costs a customer money. Continue reading ›

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Arkady Ginsburg (CRD:#5256747) is a registered broker who is currently employed with Aegis Capital Corp. (CRD#:15007) of New York, NY. He was previously employed with Rockwell Securities LLC (CRD#:142483) of New York, NY, and S.W. Bach & Company (CRD#:43522) of Port Washington, NY. He has been in the industry since 2006. Scott Hananel (CRD:#3080827) is a previously registered broker last employed with Aegis Capital Corp. (CRD#:15007) of Melville, NY,  Gunnallen Financial, Inc (CRD#:17609) of Farmingdale, NY, and Milestone Group Management LLC (CRD#:44486) of Lake Success, NY. He has been in the industry since 1998. Both brokers worked for Aegis and suspended by FINRA for similar allegations. Ginsburg has only one customer dispute, filed on 2/12/2018. The customer alleged “unauthorized trading and unsuitable investment recommendations.” The client requested damages of $32,398.00, and the firm settled the claim for $12,635.22.Arkady Ginsburg (CRD:#5256747) is a registered broker who is currently employed with Aegis Capital Corp. (CRD#:15007) of New York, NY. He was previously employed with Rockwell Securities LLC (CRD#:142483) of New York, NY, and S.W. Bach & Company (CRD#:43522) of Port Washington, NY. He has been in the industry since 2006. Continue reading ›

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Eric Nicolassy (Eric Edward Nicolassy CRD# 6244539) is a broker currently registered with Network 1 Financial Securities Inc. (CRD#: 13577) of Red Bank, NJ. His previous employers include Woodstock Financial Group, Inc. (CRD#:38095), also of Red Bank, NJ, Alexander Capital, L.P. (CRD#:40077) and Woodstock Financial, both of Staten Island, NY. He has been in the industry since 2014. On 10/04/2021, a client filed a dispute with allegations of “Suitability, Excessive Trading, Unauthorized Trading, Breach of Fiduciary Duty.”  The client’s requested damages total $103,056.69. Nicolassy denies the allegations. This dispute is currently pending. FINRA initiated an investigation into this client dispute. Its findings concluded that from August 2018 through July 2019, Nicolassy excessively and unsuitably traded in four customer accounts, one of whom was an 83-year-old retired real estate broker. Between 5/29/2019 and 5/16/2019, Nicolassy also exercised discretionary authority to effect at least 18 trades in four customer accounts without getting prior written authorization from them. This activity occurred during his employment at Woodstock Financial Group. The elderly customer paid $71,409.09 in commissions and $10,410 in trade costs and margin interest, experiencing losses of more than $125,000.Eric Nicolassy (Eric Edward Nicolassy CRD# 6244539) is a broker currently registered with Network 1 Financial Securities Inc. (CRD#: 13577) of Red Bank, NJ. His previous employers include Woodstock Financial Group, Inc. (CRD#:38095), also of Red Bank, NJ, Alexander Capital, L.P. (CRD#:40077) and Woodstock Financial, both of Staten Island, NY. He has been in the industry since 2014. Continue reading ›

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As a Securities and Exchange Commission report found, options trading is highly technical and involves holding stocks for short periods of time. Given the complexity of these deals, customers frequently depend on their brokers to make almost all of their trading decisions. Unscrupulous brokers know this, and they use their customers’ reliance for churning—when a broker engages in excessive trading on customers’ behalf to generate more commissions. But churning is illegal, and brokers who have engaged in churning can be required to compensate their clients for related losses. Because customers rely so heavily upon brokers for options trades, brokers have additional requirements for making these trades. For example, they must know the customers’ financial position, their investment goals, and their age. And customers must understand the risks of options training. But it isn’t enough for them to understand that options trading is risky, generally speaking. The brokers should explain the risks of each specific deal. And they should weigh if their customers understand the trade and have the financial wherewithal to make it, before the trade.As a Securities and Exchange Commission report found, options trading is highly technical and involves holding stocks for short periods of time. Given the complexity of these deals, customers frequently depend on their brokers to make almost all of their trading decisions. Unscrupulous brokers know this, and they use their customers’ reliance for churning—when a broker engages in excessive trading on customers’ behalf to generate more commissions. But churning is illegal, and brokers who have engaged in churning can be required to compensate their clients for related losses. Continue reading ›

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Terms of a recent letter of Acceptance, Waiver, and Consent (AWC) that Aegis Capital Corp. submitted to FINRA require the New York-based broker-dealer to repay customers for alleged rule violations related to churning or excessive trading in customer accounts. Aegis was also ordered to pay monetary sanctions, and the AWC settled the claims, and Aegis does not admit or deny FINRA’s findings.  The AWC states that restitution is to be paid to certain customers “in the total amount of $1,692,256.44.”Terms of a recent letter of Acceptance, Waiver, and Consent (AWC) that Aegis Capital Corp. submitted to FINRA require the New York-based broker-dealer to repay customers for alleged rule violations related to churning or excessive trading in customer accounts.

Aegis was also ordered to pay monetary sanctions, and the AWC settled the claims, and Aegis does not admit or deny FINRA’s findings. Continue reading ›

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Joseph La Scala (Joseph Brian La Scala CRD# 3070261) is a registered broker and a previously registered investment advisor whose current employer is Aegis Capital Corp. (CRD#: 15007) of Melville, NY. His previous employers include Paulson Investment Company, Inc. (CRD#:5670), Gunnallen Financial, Inc. (CRD#:17609) of Hauppauge, NY, and Investec Ernst & Company (CRD#:266) of New York, NY.  He has been in the industry since 1998. La Scala engaged in short-term trading in a customer’s 401(k) retirement account between July 2014 and April 2016 and exercised de facto control over the account with discretionary authority. However, the trades La Scala made were not consistent with the investment objectives and resulted in $90,720 in trading costs and $116,194 in losses for the customer. Additionally, La Scala did not have written authorization from the customer to exercise this discretion in the customer’s account. Aegis’ written policies from January 2015 and April 2016 prohibited representatives from acting on behalf of a customer without their express written authorization. Although he did occasionally discuss trading with the customer, he did not discuss individual trades with the customer on the days he made transactions. Joseph La Scala (Joseph Brian La Scala CRD# 3070261) is a registered broker and a previously registered investment advisor whose current employer is Aegis Capital Corp. (CRD#: 15007) of Melville, NY. His previous employers include Paulson Investment Company, Inc. (CRD#:5670), Gunnallen Financial, Inc. (CRD#:17609) of Hauppauge, NY, and Investec Ernst & Company (CRD#:266) of New York, NY.  He has been in the industry since 1998. Continue reading ›

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