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Articles Posted in Class Action

1st Discount Brokerage, Inc., Mark Miller, Alan Miller Censured and Fined by FINRAon silverlaw.com

Failed to follow Securities Act requirements

Lake Worth, Florida-based 1st Discount Brokerage, Inc along with Naples, Florida-based Alan Miller and Overland Park, Kansas-based Mark Miller are all players in a FINRA disciplinary action, according to the June 2015 FINRA Disciplinary Action Report.

Both Alan Miller and Mark Miller consented to the sanctions and entry of the findings, without admitting or denying the findings, that their firm did not follow appropriate Securities Act requirements when executing sales of large blocks of low-priced securities frequently referred to as penny stocks.

James E. Scott Permanently Barred from Securities Industry by FINRA on silverlaw.com

Barred for allegedly aiding and abetting violation of federal securities law

After 16 years in the securities industry, James E. Scott has been permanently barred from acting as a broker or otherwise associating with firms that sell securities to the public. Scott was most recently registered with International Assets Advisory, LLC.

According to the FINRA BrokerCheck website, Scott worked as a long-time sales assistant for an individual broker referred to in the disciplinary action as “RO.” From April 2012 through December 2012, Scott allegedly aided and abetted RO to continue acting as a broker – engaging in the recommendation and sale of securities transactions – in the state of Texas.

Douglas William Finlay Jr. Suspended and Fined by FINRA on silverlaw.com

Allegations include falsifying documents

Douglas William Finlay Jr. is facing an 18-month suspension and fine of more than $15,000 to be paid later, according to FINRA.

According to the disciplinary action documents, Finlay allegedly falsified a customer’s forms by claiming her net worth was more than $1.3 million, when in fact it was about $135,000. On the same form, he allegedly claimed the customer’s income was $150,000 when it was actually $70,000. These alleged falsifications resulted in the firm having inaccurate forms and led to another allegation of recommending an unsuitable transaction.

Class Action Suit Against Citigroup Results in $13.5 Million Settlement on silverlaw.comBank accused of misleading investors in proprietary alternative investments

A settlement has been reached in a class action against Citigroup, Inc. resulting in a $13.5 million payout by the banking giant. According to Law360, papers filed August 10, 2015 indicate Citigroup allegedly misled investors by allowing them to buy into the bank’s Corporate Special Opportunities fund without disclosing risky debt – debt that resulted in losses over $400 million.

In the October 2012 complaint filed by plaintiffs David Beach and Christopher Kelly, Citigroup is accused of misleading investors about trades made in the debt of ProSeiben, a German media company. According to the suit, Citigroup was to govern the fund, but violated scaling and concentration restrictions on investments.

Lawrence LaBine Under Fire for Alleged Unsuitable Recommendations and More on Silverlaw,comNewbridge securities advisor allegedly has conflict of interest between software company and his clients

According to FINRA, Lawrence Michael LaBine is the subject of a disciplinary action pending against him after an alleged conflict of interest leading to several customer disputes.

In his 29 years in the securities industry, LaBine has had 30 disclosures according to FINRA, many of which are related to his alleged relationship with a sinking software company, leading him to make what clients claimed to be inappropriate recommendations.

Class Action Suit Sheds Light on Alleged NSC Negligence by silverlaw.com

NSC listed as defendant after misinformation allegedly harms investors

A class action lawsuit filed in October 2014 seeks to right the wrongs done to investors when an Australian energy company went public last June. The suit also names National Securities Corporation (NSC), as one of the defendants listed in the suit, which served as the book-writing manager and underwriter of CBD Energy’s public offering.

To set the scene, it is important to have an understanding of the parties involved. CBD Energy (CBDE), a Sydney-based corporation, provides “clean, renewable and cost-effective sources of energy,” according to the suit. CBD Energy went public in June 2014 with 1.81 million shares valued at $4 per share, for a total sum of $7.24 million. This public offering was based primarily on the work done by NSC by preparing the corporation to go public.

Robert Charles Mangold Permanently Barred by FINRA on silverlaw.com

Allegedly provided false information to FINRA during investigation

For Robert Charles Mangold, it seems it is the end of the line in the securities industry. Most recently employed by and registered with LPL Financial, LLC, Mangold is now permanently barred from acting as a broker or otherwise associating with firms that sell securities to the public by FINRA.

How did this happen? Let’s take a look: In June 2013, LPL Financial, LLC terminated Mangold’s registration because he allegedly borrowed $56,000 from two customers – a violation of firm policy. This prompted FINRA to investigate the circumstances of his termination. As part of the investigation, FINRA requested a signed statement in response to the allegations.

Broker Charles D. Johnson Permanently Barred by FINRA on silverlaw.com

His career in securities ends with failure to respond to FINRA request

After only six years in the securities industry, broker Charles Damien Johnson has been permanently barred from acting as a broker or otherwise associating with firms that sell securities to the public. According to the FINRA BrokerCheck website, Johnson failed to respond to a FINRA request for information and was sent a notice of suspension in August of 2014. Since he then failed to request termination of his suspension within three months of the date of notice of his suspension, he was automatically barred from association with any FINRA member in any capacity as of November 10, 2014.

During his career in the industry, Johnson nonetheless worked for at least 10 investment firms in the New York state area. His dates of employment and employers are listed below:

Employment Dates Employer Name Employer Location
01/2013 – Present Laidlaw & Co (UK) Ltd Melville, NY
06/2012 – 12/2012 Global Arena Capital Corp New York, NY
07/2010 – 06/2012 National Securities Corp Huntington, NY
07/2009 – 07/2010 New Castle Financial Services, LLC Melville, NY
09/2008 – 07/2009 Morgan Wilshire Securities, Inc. Westbury, NY
10/2007 – 09/2008 National Securities Corp Huntington, NY
07/2007 – 10/2007 EKN Financial Services, Inc.National Securities Corp Woodbury, NY
11/2006 – 02/2007 Morgan Wilshire Woodbury, NY
11/2006 – 02/2007 SW Bach & Co Port Washington, NY
01/1997 – 10/2006 Argo Financial Melville, NY

While moving from firm to firm seems to have been voluntary, Johnson’s employment with Global Arena Capital Corp was terminated on December 12, 2012 for “circumvention of firm policy” according to the FINRA BrokerCheck website.

Why are we telling you all of this?

To let you know that, if you’re an investor who suffered financial losses at the hands of Charles D. Johnson, or any other financial advisor, you may be eligible to recover your losses through securities arbitration. The key is to turn to the right securities fraud attorney with proven expertise in recovering lost funds.

At Silver Law Group you’ll find an experienced securities attorney committed to help recover investment losses due to stockbroker misconduct. With lawyers admitted to practice in New York and Florida – representing investors nationwide – you can expect a complimentary consultation and a case handled on a contingent fee basis, meaning you don’t pay legal fees unless Silver Law Group is successful. Contact us today to schedule your free consultation and discuss your legal rights.

Pedro Molina’s Securities Industry Career Ends With FINRA Permanent Suspension on silverlaw.com

Amid claims of unsuitable investment advice, Molina does not respond to requests for information

After not responding to a FINRA request for information, broker Pedro Molina is permanently suspended from the securities industry. According to the FINRA BrokerCheck website, Molina failed to request termination of his suspension from FINRA within three months of the date of his notice of suspension. Therefore, he is permanently barred from association with any FINRA member in any capacity.

While it might seem unusual for a broker not to respond to a FINRA request and allow a permanent suspension to occur, surprisingly, it is not uncommon. In the case of Pedro Molina, it follows a career during which customers’ alleged mismanagement of their investment funds and lack of production of documentation. In fact, in three of the customer complaints against him, customers alleged he gave misleading investment advice and made unsuitable investments in risky Puerto Rican funds. The combined alleged damages equal over $1.2 million dollars. In addition, Molina was “permitted to resign” from Kovack Securities, Inc. in February 2014 after admitting to having borrowed money from clients while with a previous employer.

JPMorgan Chase & Co. is the first bank in a multi-defendant class action lawsuit to settle claims relating to allegations that the banks rigged the foreign exchange market.  Commonly referred to as the Forex market, over 5 trillion dollars a day is traded as investors rely on the honesty of the marketplace to trade currencies.   According to various news reports, Chase has agreed to pay about $100 million under the agreement.  A Federal Judge in New York must still approve the settlement.  This settlement comes on the heels of a regulatory settlement where JPMorgan agreed to pay $1 billion as part of $4.3 billion in fines paid by six banks to resolve foreign-exchange rate investigations by regulators in the U.S., the U.K. and Switzerland.

Wall Street’s largest banks were some of the largest traders in foreign currency.  However, despite the façade of respectability large banks claim, traders allegedly frequently communicated in chat rooms using names such as “The Cartel,” “The Bandits’ Club” and “The Mafia” to share confidential client information and manipulate certain benchmark rates.   Investors were harmed by trading at manipulated prices and frequently paying substantial fees, costs and commissions for investors Forex trading activity.

Silver Law Group represents investors in securities and investment fraud cases.  Our lawyers are admitted to practice in New York and Florida and represent investors nationwide to help recover investment losses due to stockbroker misconduct.  Our attorneys have represented investors in Forex cases and in NFA arbitrations against registered commodities firms. If you have any questions about how your account has been handled, call to speak with an experienced securities attorney. Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

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