Selling away

Former Broker Frank Zito Discharged From Merrill Lynch

August 27, 2018 | Silver Law Group

Frank Howard Zito (CRD #2766336) is a former registered broker and investment advisor. He was most recently registered with Merrill Lynch, Pierce, Fenner & Smith Incorporated (CRD #7691) of Ridgeland, MS. He was previously registered with Morgan Keegan & Company, Inc. (CRD #4161) and Amsouth Investment Services, Inc. (CRD #15692), both of Jackson, MS. He began in the industry in 1996.

Former-New-York-Life-Broker-Jonathan-Williams-Barred-by-FINRA-as-a-Result-of-Outside-Business-Activities-300x200 Zito is the subject of three disclosures. He was discharged by Merrill Lynch on 6/25/2018 for “Conduct including failure to adhere to Firm standards regarding selling away and failure to fully disclose participation in an outside business activity.” (“Selling away” is when a broker sells securities that are not being offered by the brokerage firm they are working for. This is a violation of securities regulations.)

The discharge follows a customer dispute filed on 5/18/2018 with allegations of selling away, as well as unsuitable investment recommendations from 2013 until January 2018. The customer is requesting damages of $571,000.00. This dispute is currently pending.

Broker Howard Utz The Subject Of Two Investigations

August 13, 2018 | Silver Law Group

Howard Raymond Utz (CRD #2672208) is a former broker whose last registered employer was Hazard & Siegel, Inc. (CRD #2048) of Mars, PA, from 09/24/2015 through 06/01/2018. His previous employers include Securities America, Inc. (CRD #10205) and Sunset Financial Services, Inc. (CRD #3538), both of Mars, PA. No current employment information is available. He has been in the industry since 1995.

Former-New-York-Life-Broker-Jonathan-Williams-Barred-by-FINRA-as-a-Result-of-Outside-Business-Activities-300x200 Utz was discharged on 6/1/2018 from Hazard & Siegel as a result of allegations that he failed to report outside business activities and private security transactions. It was also alleged that Utz accepted and received checks in his own name and converted them to personal use. No other information is available from this disclosure.

Two additional disclosures indicating an investigation are also in his record. The first, filed on 05/25/2018, indicate that the FBI is conducting an investigation into Utz’s activities. However, no additional information is available. The second, filed on 01/30/2018, indicate the SEC was also conducting an investigation, but again, no additional information is listed nor available.

Oscar Francis

August 8, 2018 | Silver Law Group

Oscar Francis (CRD #5094722) is a former registered broker and investment advisor last employed with MML Investors Services, LLC (CRD #10409) of Fort Lauderdale, FL. He was previously employed by AXA Advisors, LLC (CRD #6627), also of Fort Lauderdale, and Raymond James & Associates, Inc. (CRD #705) of Boca Raton, FL. No current employment information is available. He began working in the industry in 2006.

Former-New-York-Life-Broker-Jonathan-Williams-Barred-by-FINRA-as-a-Result-of-Outside-Business-Activities-300x200 Francis is the subject of two investigations stemming from the termination of his employment at MML. The company discharged him on 05/31/2017 “in connection with an investigation into an undisclosed outside business activity, potential selling away and an unauthorized non-securities life insurance transaction.” The first investigation was initiated on 04/21/2017 by the US Department of Justice, for allegations of selling away and outside business activities.

The second investigation was initiated on 10/23/2017 by the Department of Financial Services, State of Florida, regarding Francis’ termination for cause. No additional information is available.

Stockbrokers Selling Away Securities Arbitration Claims

July 31, 2018 | Silver Law Group

Former-New-York-Life-Broker-Jonathan-Williams-Barred-by-FINRA-as-a-Result-of-Outside-Business-Activities-300x200 If your financial advisor recommends an investment that is not approved by his firm, he may be selling away. Do you trust him or her to make the right investment decisions for you? Do they consult with you and allow you the freedom to review information on your own, and encourage you to communicate with him on a personal e-mail? Or do you just take it on faith, and wonder if you’ve been convinced with a winning smile, charming demeanor or an official-looking prospectus? Dishonest brokers do this every day, and are only found out when they slip up and do something wrong or the investor learns his money is gone.

Many people have a “side hustle” outside of their “day job” that they do for extra money, personal satisfaction or both. It may be as a part-time job in retail, freelancing after hours or starting a small business. You may even know someone holds parties to sell products directly. While there’s nothing inherently wrong with most side jobs, it’s entirely different when your broker does “something on the side.” These outside business activities, at a minimum, are supposed to be disclosed to the firm and approved for sale to the customer.

Anytime a broker does something else, they’re required to notify the firm and get permission, in case there is a conflict of interest and other reasons. (Most large companies require notification for any kind of “moonlighting.”) Some brokers have been known to sell securities outside of their firm—even legitimate ones—without notifying their firm of this outside business interest. A concept frequently referred to as selling away. That’s why research is so important.

SEC Charges Former Broker Steven Pagartanis For – Banned by FINRA

July 31, 2018 | Silver Law Group

The SEC has filed criminal charges against former broker Steven Pagartanis (CRD #1958879). These charges involve defrauding his long-time customers into investing in his own company, a security that was not sold by his firm. He promised his customers that the funds would give them guarantee interest payments. Pagartanis was, in reality, using the money for personal expenses and making “interest payments” out of that account. He created fictitious account statements for his customers to show “ownership.” When he stopped making the payments and complaints were filed, it became clear that he was not operating ethically.

Frederick-Monroe-16-year-Financial-Advisor-Permanently-Barred-by-FINRA-300x200 In addition to SEC charges, he has also been barred by FINRA from acting as a broker or other registered agent after his customers complained about these unapproved investments. Pagartanis’ last employer of record was Lombard Securities Incorporated (CRD #27954) in Seatauket, NY, where he worked from 09/07/2017 through 03/17/2018.

Pagartanis was a broker for 28 years. His previous employers include:

Silver Law Group is Investigating Samuel Haddix of Ameriprise Financial Services, Inc.

July 27, 2018 | Silver Law Group

Samuel Haddix (CRD #4427350) is barred from association with any FINRA member in any capacity. Respondent failed to request termination of his suspension within three months of the date of the Notice of Suspension; therefore, he is automatically barred from association with any FINRA member in any capacity.

Samuel Haddix was registered with Ameriprise Financial Services, Inc.’s Memphis, Tennessee branch until January 2017 when he was discharged for noncompliance relating to selling away and outside business activities.

Contact Our Firm if You’ve Invested with Samuel Haddix

Silver Law Group is Investigating David Olson of Morgan Stanley

July 26, 2018 | Silver Law Group

David Olson (CRD #1700644) was barred from association with any FINRA member in all capacities. Without admitting or denying the findings, Olson consented to the sanction and to the entry of findings that he refused to provide complete documents and information requested by FINRA during an investigation into allegations that he was involved in an undisclosed outside business activity, and that he solicited a loan from a customer of his member firm for that outside business activity.

David Olson was with Morgan Stanley’s St. Petersburg, Florida office until January 2017 when he was discharged after an allegation he engaged in an outside business that was not presented to Morgan Stanley for approval and Olson solicited a loan from a client for that venture. This is frequently referred to as selling away.

Contact Our Firm if You’ve Invested with David Olson

Silver Law Group is Investigating Peter Holler of Securities Service Network

June 29, 2018 | Silver Law Group

We are investigating allegations made by FINRA, the Financial Industry Regulatory Authority, against Peter D. Holler. FINRA suspended Holler from the securities industry for two years, fined him $10,000, and ordered him to disgorge $49,790 in commissions for selling Woodbridge Investments. FINRA was investigating Holler regarding allegations that he engaged in private securities without disclosing such to his former brokerage firm, Securities Service Network.

Peter Holler sold investments in Woodbridge Mortgage Investment Funds, a purported real estate fund. Holler sold $1.39 million worth of Woodbridge promissory notes. Since Woodbridge filed for bankruptcy last year, it is believed that the Woodbridge Investments have lost substantial value.

Peter Holler was a financial advisor and registered representative of Securities Service Network from November 2001 to August 2017. He worked at a branch office in Bristol, Tennessee. Holler also was affiliated with SSN Advisory and SBS Services.

FINRA Investigates Broker Matthew Eckstein For Fraud

June 20, 2018 | Silver Law Group

Matthew Evan Eckstein (CRD #2997245) was a registered broker with Sisk Investment Services, Inc. (CRD #19406) of Syossett, NY. He has been with Sisk since 2015. Eckstein was previously employed by Gould, Ambroson & Associates Ltd. (CRD #17412) of Garden City, NY. Our New York securities arbitration lawyers are representing investors in claims against Eckstein’s former employers.

Eckstein is currently the subject of a FINRA disciplinary complaint, filed on 04/27/2018. Multiple fraud allegations against Eckstein were filed by four of his customers. The facts of the case, based on FINRA records, include:

Eckstein recommended and sold these securities to four of his clients, all of whom were over 50, and had conservative portfolios. One of them was unemployed, two were still employed, one of whom was retiring, and the other sold her home and invested some of the proceeds. The fourth was retired on disability after a car accident, and invested her case settlement with him.

Silver Law Group is Investigating Joseph Daniel Krueger, II of Stifel, Nicolaus, & Company

May 11, 2018 | Silver Law Group

New-York-Broker-Gregory-Flemming-Suspended-by-FINRA-300x200 Silver Law Group is currently investigating Cleveland, Ohio based broker Joseph Daniel Krueger II regarding complaints pertaining to engaging in outside securities transactions by issuing and selling away promissory notes in the amount of $200,000 with his prior brokerage firm’s clients without notifying his prior brokerage firm.

Based on FINRA’s BrokerCheck report on Joseph Krueger II, a FINRA regulatory action was filed on December 4, 2017 alleging that Krueger II provided misleading information to investor clients from Stifel, Nicolaus, & Company during his employment at Stifel, Nicolaus, & Company, Inc. regarding a startup App company while simultaneously engaging in the selling of outside securities, which were used to finance startup costs associated with the App company. The total in damages fined was $10,000, which also included a suspension of 3 months.

Krueger II was previously employed at Stifel, Nicolaus & Co., Inc. from 2001 to 2015. He has been employed at Robert W. Baird & Co. from 2015 to the present.