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Articles Posted in Stockbroker Misconduct

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According to FINRA Disciplinary actions for August 2021, the following individuals were suspended from FINRA and cannot currently work for a FINRA brokerage firm for failing to provide FINRA with information it requested or to keep information current with FINRA pursuant to FINRA rules. However, these individuals remain bound by the securities arbitration agreement to arbitrate any disputes between themselves and their former customers:

NAME FORMER EMPLOYERS
  Matthew Berman
  Thomas Bonik   NTB Financial Corporation
  Linsco/Private Ledger Corp.
  James Clements   Allstate Financial Services, LLC
  State Farm VP Management Corp.
  Daniel Della Rosa   Corinthian Partners, LLC
  Paulson Investment Company LLC
  Morgan Engbrecht   Horace Mann Investors, Inc.
  Micah Judy   W&S Brokerage Services, Inc.
  Lionel Scott   Arive Capital Markets
  Cape Securities, Inc.
  Ricardo Uliambre   UBS Financial Services Inc.
  Morgan Stanley Smith Barney LLC
  Paul Vizanko   Wells Fargo Clearing Services, LLC
  Merrill Lynch, Pierce, Fenner & Smith Incorporated

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According to FINRA Disciplinary actions for July 2021, the following individuals were suspended from FINRA and cannot currently work for a FINRA brokerage firm for failing to provide FINRA with information it requested or to keep information current with FINRA pursuant to FINRA rules. However, these individuals remain bound by the securities arbitration agreement to arbitrate any disputes between themselves and their former customers:

NAME FORMER EMPLOYERS
  John Barrett   Emerson Equity LLC
  Lincoln Financial Advisors
  Michael Bramlett   County Capital Management Company
  Christopher Fisher   PFS Investments Inc.
  Charles Schwab & Co., Inc.
  Berhane Kassahun   AXA Advisors, LLC
  MSI Financial Services, Inc.
  Charles Lopez   Bank of America, N.A.
  Merrill Lynch, Pierce, Fenner & Smith Incorporated
  Kajie McMullen   J.P. Morgan Securities LLC
  Christy McWilliams   Jackson National Life Distributors LLC
  Kevin Nevin   Demsey Lord Smith, LLC
  Sandlapper Securities, LLC
  Antoine Rogers   J.P. Morgan Securities LLC
  Alfredo Vazquez   Cuso Financial Services, L.P.
  BBVA Securities Inc.
  David Villarreal III   U.S. Bancorp Investments, Inc.
  Morgan Stanley
  Jonathan Ward   State Farm VP Management Corp.

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According to FINRA Disciplinary actions for July 2021, the following individuals were barred from FINRA and cannot currently work for a FINRA brokerage firm for failing to provide FINRA with information it requested or to keep information current with FINRA pursuant to FINRA rules:

NAME FORMER EMPLOYERS
  Trent Drake   Cambridge Investment Research, Inc.
  Pacer Financial, Inc.
  Adam Feierstein   ProEquities, Inc.
  Woodbury Financial Services, Inc.
  Eileen Kenny   LPL Financial LLC
  Private Advisor Group, LLC
  Norma Kuklis
  William Kursim   Fidelity Brokerage Services LLC
  National Financial Services LLC
  Joseph Switzer Sr.   Fidelity Brokerage Services LLC
  Tim Viohl   U.S. Bancorp Investments, Inc.
  LPL Financial LLC

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According to FINRA Disciplinary actions for July 2021, the following individuals were suspended from FINRA for failing to comply with a FINRA arbitration award or settlement agreement pursuant to FINRA rules:

NAME FORMER EMPLOYERS
  David Allen   Avenir Financial Group
  GunnAllen Financial, Inc.
  Jameile Cawley   Horace Mann Investors, Inc.
  LPL Financial LLC
  Bradley Gardner   LPL Financial LLC
  Golden State Wealth Management, LLC
  Brian O’Neill   Fisher Investments
  ProFunds Distributors, Inc.

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In 2020 alone, Todd Petersen was the subject of eight investor arbitration claims which relate to the sale of diamonds. Many of these claims have been settled, and Petersen’s employer, SCF Securities, Inc., discharged him, alleging Petersen “misstated and/or omitted material facts and circumstances regarding an outside business activity.” Todd Petersen is a former broker and investment adviser who spent 2015-2019 at SCF Securities, Inc. in Roseville, California, and began working in the securities industry in 1984. Customer Disputes Allege Improper Sales Of Diamonds According to Petersen’s BrokerCheck Report, published by the Financial Industry Regulatory Authority, eight investors have filed FINRA arbitration claims involving allegations of “fraud and breach of duty related to the purchase of diamonds Petersen sold . . .” These investors requested damages ranging from $20,000 to $960,000, and several of these claims were settled for amounts ranging from $9,800 to $351,205. One investor’s claim is still pending. The allegations all arise out of the purchase and sale of diamonds and each investor alleges that the diamond sales were part of an “outside business activity.” Brokers are required to disclose the nature of their outside business activities to their employing brokerage firms so that the firms can ensure that they are upholding their legal and regulatory obligations to their clients, including protecting clients from outside frauds and other misconduct committed by the brokers, especially when outside business activities are investment-related. Failure to do so could result in liability for brokerage firms.In 2020 alone, Todd Petersen was the subject of eight investor arbitration claims which relate to the sale of diamonds. Many of these claims have been settled, and Petersen’s employer, SCF Securities, Inc., discharged him, alleging Petersen “misstated and/or omitted material facts and circumstances regarding an outside business activity.” Continue reading ›

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Peter Ianace (Peter Vincent Ianace CRD# 3238078) was a registered broker and investment adviser who most recently was registered with Wells Fargo Clearing Services, but spent 2011-2019 as a registered representative of Merrill Lynch, Pierce, Fenner & Smith Incorporated in Frisco, Texas. Ianace has been in the securities industry since 1999. Two Pending Investment Arbitration Claims Allege “Unsuitable” Investment Recommendations According to Ianace’s BrokerCheck Report, published by the Financial Industry Regulatory Authority (FINRA), two of Ianace’s customers recently initiated securities arbitrations—one against Wells Fargo and one against Merrill Lynch—relating to the alleged mishandling of their accounts: One customer alleges Ianace “made unsuitable recommendations and neglected to reduce the over-concentrated and over-leveraged nature of their accounts” resulting in alleged damages of $13,000,000. Another customer alleges “unsuitable investment recommendations and misrepresentations” resulting in requested damages of $18,000,000. According to FINRA, the types of investments allegedly at issue include commodities. Regardless of the type of investment, FINRA Rules require brokers to have “a reasonable basis to believe a recommended transaction or investment strategy involving a security or securities is suitable” based on a variety of factors, including the investor’s age, financial situation, investment objectives, risk tolerance etc. FINRA also requires brokers to “Know Your Customer” so that brokers learn and evaluate these factors before making investment recommendations.Peter Ianace (Peter Vincent Ianace CRD# 3238078) was a registered broker and investment adviser who most recently was registered with Wells Fargo Clearing Services, but spent 2011-2019 as a registered representative of Merrill Lynch, Pierce, Fenner & Smith Incorporated in Frisco, Texas. Ianace has been in the securities industry since 1999. Continue reading ›

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David Volpe (David John Volpe CRD# 2543478) is a former registered broker who has previously worked for First Financial Equity Corporation, LPL Financial LLC, and National Planning Corporation, all in Scottsdale, Arizona. Volpe began his career in the securities industry in 1996. David Volpe Discharged From Firms For Improper Private Transactions & Borrowing From Customers According to Volpe’s BrokerCheck Report, published by the Financial Industry Regulatory Authority (FINRA), Volpe has been discharged from two different brokerage firms: In December 2018, Volpe was discharged from LPL for an alleged “violation of the Firm’s private securities transactions policy for involvement in capital-raising efforts without prior disclosure.” Similarly, in April 2019, Volpe was discharged from First Financial for an alleged “failure to notify firm of private securities transaction involvement and violation of firm policy regarding borrowing funds from a client.” Following these discharges, Volpe was investigated FINRA. According to FINRA’s Letter of Acceptance, Waiver and Consent, Volpe failed to respond to FINRA’s request for information and documents, resulting in “a bar from associating with any FINRA member firm in any capacity.”David Volpe (David John Volpe CRD# 2543478) is a former registered broker who has previously worked for First Financial Equity Corporation, LPL Financial LLC, and National Planning Corporation, all in Scottsdale, Arizona. Volpe began his career in the securities industry in 1996. Continue reading ›

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If you purchased investor “units” in a conservation easement offered by EcoVest or otherwise, you may face potential tax penalties and repayment of tax deductions to the IRS as a result of a government crackdown on what the IRS categorizes as an abusive tax scheme. To discuss your legal rights and how you may be able to recover your losses, contact Silver Law Group for a no-cost consultation at (800) 975-4345 to discuss potential options. Conservation easement investments involve bundling investors’ funds and in turn purchasing conservation easements on private land. The easements are then donated, but at an appraised value that is substantially higher than what EcoVest and similar companies paid for them. Because the land in question was appraised well above fair market value, investors are able to reduce their own tax burdens by several multiples of their principal investment. IRS Targeting Investors for Improper Write-Offs As discussed in Silver Law Group’s blog about conservation easements, the United States Department of Justice filed a Complaint against EcoVest alleging that these conservation easements are “nothing more than a thinly veiled sale of grossly overvalued federal tax deductions under the guise of investing in a partnership.”If you purchased investor “units” in a conservation easement offered by EcoVest or otherwise, you may face potential tax penalties and repayment of tax deductions to the IRS as a result of a government crackdown on what the IRS categorizes as an abusive tax scheme. To discuss your legal rights and how you may be able to recover your losses, contact Silver Law Group for a no-cost consultation at (800) 975-4345 to discuss potential options. Continue reading ›

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Silver Law Group is investigating claims on behalf of investors who invested in conservation easement syndicates such as EcoVest Capital. The EcoVest investments were recommended by investors’ financial advisors as investments that could substantially lessen their tax liability. Unfortunately, investors may face lawsuits from the Internal Revenue Service (IRS) and a massive tax penalty. Conservation Easements Labeled Tax Scams By IRS Conservation easement syndicates landed on the IRS’ 2021 “Dirty Dozen” tax scam list. This demonstrates the attention the IRS is paying to these investments and the IRS’ increased efforts to crack down on investors who benefitted from EcoVest’s and other conservation easements’ tax deductions. Conservation easement investments involve bundling investors’ funds into “syndicates” that in turn purchase conservation easements on private land. The easements are then donated at an appraised value that is substantially higher than what the syndicates paid for them. Because the land in question was appraised well above fair market value, investors are able to reduce their own tax burdens by several multiples of their principal investment.Silver Law Group is investigating claims on behalf of investors who invested in conservation easement syndicates such as EcoVest Capital. The EcoVest investments were recommended by investors’ financial advisors as investments that could substantially lessen their tax liability. Unfortunately, investors may face lawsuits from the Internal Revenue Service (IRS) and a massive tax penalty. Continue reading ›

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Trusts can be a significant part of your estate plan. Some investors may decide to transfer securities into a trust, or leave them as part of their estate to their beneficiaries. Assets that are transferred into a trust is taken out of the estate for the probate process. The expectation is that the beneficiaries will later have the benefit of the investments after the original owner passes in accordance with the deceased’s wishes. Occasionally, a person will also select a stockbroker or other financial services person to serve as a trustee. A trustee and/or executor are supposed to act in the best interest of the beneficiaries. However, this isn’t always the case. The Trustee A fund’s trustee has the job of overseeing the funds in the trust, and keeping extensive records of all funds coming in and payments going out. This is in addition to preparing tax returns for the trust.Trusts can be a significant part of your estate plan. Some investors may decide to transfer securities into a trust, or leave them as part of their estate to their beneficiaries.

Assets that are transferred into a trust are taken out of the estate for the probate process. The expectation is that the beneficiaries will later have the benefit of the investments after the original owner passes in accordance with the deceased’s wishes. Continue reading ›

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