Misrepresentation and Omission of Material Facts

SEC Charges Investment Advisor with Improperly Raising Funds for Ponzi Scheme

May 28, 2014 | Silver Law Group

The U.S. Securities and Exchange Commission (“SEC”) continued its onslaught against Scott Rothstein associates earlier this month when it filed suit in federal court against Barry R. Bekkedam (“Bekkedam”), Chairman and Chief Executive Officer of investment advisory firm Ballamor Capital Management (“Ballamor”). The SEC suit follows a growing number of SEC actions against individuals and corporations accused of providing investor funds and assistance to convicted South Florida Ponzi-schemer Scott Rothstein.

The SEC alleges that Bekkedam, through Ballamor, solicited his clients and other prospective investors to invest $100 million into the Banyon Income Fund (“Banyon Fund’”), an enormous hedge fund that primarily financed Rothstein’s Ponzi-scheme operations. The Banyon Fund was created by Bekkedam and Rothstein investor George Levin to solicit additional funds for Rothstein and, the SEC alleges, bolster Ballamor’s business and protect Levin’s multi-million dollar investments with Rothstein.

In seeking disgorgement and civil penalties against Bekkedam, the SEC details allegations of Bekkedam’s material misstatements and omissions to his customers in connection with the Banyon Fund, as well as misrepresentations about his dealings with George Levin, which the SEC alleges were quid pro quo for Bekkedam’s securing investments in the Banyon Fund. The SEC also alleges numerous securities law violations.

Bond Buyer Magazine Highlights Silver Law Group’s FINRA Arbitration Claims Against UBS For Puerto Rico Investors

February 13, 2014 | Silver Law Group

UBS Financial Services of Puerto Rico has come under the scrutiny of a leading bond market commentator, The Bond Buyer in yesterday’s article titled, UBS Puerto Rico Faces Surge in Arbitration Claims. Standard & Poor’s, Moody’s and Fitch’s credit ratings agencies downgraded Puerto Rico’s general obligation bonds to junk bond status, which is below the investment grade status given to most U.S. municipal bonds. The downgrade was predicted by UBS Financial Services’ (UBS) recent report Municipal Brief: Puerto Rico Credit & Market Update dated January 29, 2104. This prediction came long after UBS Financial Services of Puerto Rico branch offices mobilized its sales force with a targeted marketing campaign to sell the UBS Puerto Rico Family of Funds to investors. A market revelation that is too late for those Puerto Rico investors’ whose portfolios are now heavily laden with UBS’ proprietary closed-end funds geographically concentrated in Puerto Rico bonds.

As mentioned in our previous blog post, “The removal of Puerto Rico municipal bonds from the universe of ‘investment grade’ municipal bonds could potentially result in increased sell orders from municipal bond portfolio managers driving prices lower.” Further price declines in Puerto Rico municipal bonds has already occurred and the effects for many UBS closed-end funds, including UBS Puerto Rico Fixed Income Funds and UBS Puerto Rico Investors Tax Free Funds, has been an average drop in many of the funds’ net asset values (NAV) of another 5% since the announced credit ratings downgrades.

Scott L. Silver, managing partner of Silver Law Group, has brought clarity to many Puerto Rico investors who have contacted his law firm. These investors have a better understanding of the Financial Industry Regulatory Authority (FINRA) securities arbitration process. The bond buyer reported, “his firm has filed about three dozen claims for FINRA arbitration in the past several weeks.” According to the Bond Buyer interview Mr. Silver pointed out that FINRA “rules require dealers to supervise the activities in customer accounts” and said “his clients’ losses may be attributed to a failure by UBS to supervise their financial advisors.”

Ponce, Dorado, Bayamon, Arecibo and Mayaguez Investors in UBS Puerto Rico Bond Funds Should Consider Their Investment Recovery Options

January 6, 2014 | Silver Law Group

UBS Financial Services of Puerto Rico reported, as of December 11, 2013, another large decline in multiple proprietary closed-end bond funds managed by UBS Asset Managers. According to the Prospectus and Offering documents for the UBS proprietary closed end bond funds, UBS Puerto Rico Fixed Income Funds and UBS Puerto Rico Investors Tax Free Funds, UBS Financial Services of Puerto Rico and its financial advisors characterized the bond fund investment objective as current income consistent with the preservation of capital. For many years, UBS Financial Services of Puerto Rico and its financial advisors recommended that Puerto Rican residents maintain concentrated positions in their family of proprietary closed-end bond funds.

To enhance the yield to investors, UBS Asset Managers had the ability to leverage the investments made in the bond mutual fund portfolios up to 50% of the value of the underlying portfolio. The leverage resulted in catastrophic losses in the value of the portfolio concentrated in Puerto Rico issued securities sold exclusively to Puerto Rican residents for tax advantaged income. UBS Asset Managers had an obligation and failed to properly manage the portfolio including effective hedging strategies to protect the fixed income portfolios concentrated in securities issued in Puerto Rico.

UBS Financial Services of Puerto Rico reported the Net Asset Values for the following closed-end funds managed solely by UBS Asset Managers as of December 11, 2013: