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Articles Posted in Stockbroker Misconduct

Mitchell Brian Walk (CRD #3195375) is a currently registered broker and investment advisor. He has been employed by Kestra Investment Services, LLC (CRD #42046) of Longwood, FL since 2001. He was previously employed by Securities America, Inc. (CRD #10205) of Lavista, NE. He has been in the industry since 2000.

Lawrence-LaBine-Under-Fire-for-Alleged-Unsuitable-Recommendations-and-More-300x200Walk has five disclosures, all customer disputes in different stages. The most recent was filed on 08/14/2017, alleging that Walk made unsuitable recommendations to the client, and that Kestra Investment Services didn’t properly supervise those recommendations. The client is requesting damages of $72,000. The case is currently pending.

His next disclosure is also a pending customer dispute, filed on 10/4/2016. Walk is accused of misrepresentations in his recommendations (as well as other actions) in the sale of numerous alternative investment vehicles in August of 2014. This customer is requesting damages of $350,000.

Lloyd Mark Johnston (CRD #1626695) is a previously registered broker and investment advisor who was last employed with Capital Financial Services, Inc. (CRD #8408) of Spokane, WA. He was previously employed with Legacy Financial Services, Inc. (CRD #38697) of Clinton, MD., Investors Capital Corp. (CRD #30613) of Lynnfield, MA, and Intersecurities, Inc. (CRD #16164) of St. Petersburg, FL. No current employment information is available. He has been in the industry since 1987.

Failure-to-Adequately-Supervise-Prompts-FINRA-Suspension-of-Roman-Luckey-300x200FINRA suspended Johnston on 06/25/2018 indefinitely after he failed to respond to a request for information. The suspension will continue until he provides the requested information. Should Johnson decline to provide this information, continue not responding or fail to request termination of his suspension, the suspension will be converted to a bar. FINRA began its investigation on 02/08/2018.

Johnston was discharged from Capital Financial Services on 05/14/2018 for failing to disclose “reportable events” on his U4. While the reportable events were not described, BrokerCheck lists a total of 15 tax liens in his disclosures dating back to 2000.

James Edward Lyons (CRD #1020397) is a former broker and investment advisor who was last registered with Raymond James & Associates, Inc. (CRD #705) of Shreveport, LA. He was previously employed by Morgan Keegan & Company, Inc. (CRD #4161), also of Shreveport, and Capitol Securities Group, Inc. (CRD #8094). No current employment information is available. He has been in the industry since 1981.

https://www.silverlaw.com/blog/wp-content/uploads/2017/07/FINRA-Permanently-Bars-Honetta-C.-Kao-After-Allegations-of-Unauthorized-Trading-and-Mishandled-Accounts-300x200.jpgLyons is the subject of a current customer dispute with multiple claimants alleging a number of complaints, including unauthorized trading, fraudulent concealment, overconcentration, unsuitability and others. The actions in question occurred between 2001 and 2017. The damages requested total $5,000,000. The case is currently pending.

A similar complaint was filed on 04/29/2016, with many of the same allegations from 2/17/2011 – 4/29/2016. The client alleges unauthorized trading, churning, fraudulent omissions, suitability, and securities law violations at both the federal and state (Louisiana) level. The client requested damages of $1,200,000, and the case was settled for $400,000.

Bradley Taylor Pace (CRD #2097427) is a previously registered broker whose last employer was LPL Financial LLC (CRD #6413) of Orlando, FL. His previous employers include A.J. Pace & Co., Inc. (CRD #24228), also of Orlando, TD Waterhouse Investor Services, Inc. (CRD #7870) of Omaha, NE, and Quick & Reilly, Inc. (CRD #11217) of New York, NY. No current employment information is available. He began in the industry in 1991.

Are-or-Were-Unsuitable-Non-Traded-REITs-in-Your-Portfolio-300x224FINRA sent Pace a request for information, which he did not respond to by the requested deadline. FINRA then suspended Pace, indefinitely and in all capacities, effective 06/28/2018. Should Pace fail to request termination of his suspension within a 3-month time frame, he will be barred by FINRA from any association with any FINRA member firm. There is no indication of what prompted the request, or if any complaints were involved.

Pace is also the subject of a customer dispute, filed on 1/26/2018. In it, the customer alleged “unsuitability relating to the purchase of a REIT investment and misrepresentation relating to the liquidity of the REIT investment.” However, the claim was denied, and no additional information is available.

In August, we told you about former broker Sean Brady (CRD #4365173) who was recently barred by FINRA and discharged by his employer, First Allied Securities, Inc. (CRD #32444) of St. Louis, MO.

Allegations-of-Sales-Practice-Violations-Cloud-Broker-Kenneth-Dlouhy-‘s-Record-300x200Since our last report, eight more customer disputes were recently filed against Brady, between 6/28/2018 and 07/03/2018. All these cases are pending, and the total of requested damages is an eye-watering $12,575,730.49.

Like the previous disclosures, these clients allege that Brady used the same practices, including:

Charles Lewis Bloom (CRD #4144108) is a former registered broker last employed by Chelsea Financial Services (CRD #47770) of Royal Palm Beach, FL. His previous employers include International Assets Advisory, LLC (CRD #10645) and IAA Financial LLC (CRD #6578) of West Palm Beach, FL, and U.S. Brokerage, Inc. (CRD #39307) of Wellington, FL. No current employment information is available. He has been in the industry since 2000.

FINRA began an investigation into Bloom’s trading practices in October of 2017 after allegations of unsuitable trading in at least three customer accounts. FINRA then requested Bloom to appear to give on-the-record testimony to FINRA regarding the investigation. He declined, and stated in a phone call that he would not give testimony at any time. On 7/17/2018, after signing an Acceptance, Waiver & Consent (AWC) letter, Bloom was indefinitely barred by FINRA effective immediately.

Are-or-Were-Unsuitable-Non-Traded-REITs-in-Your-Portfolio-300x224Shortly after the FINRA action, a customer dispute was filed on 11/8/2017, alleging that Bloom misrepresented and made unsuitable recommendations with regard to a REIT (real estate investment trust.) The case is currently “pending,” and the damages requested are $99,326.84.

FINRA Reports Brokers Nas Adel Allan and Gregory Anastos Made Unsuitable Recommendations on elderfinancialfraudattorneys.comRalph Adams Bianchi (CRD #1513063) is a previously registered broker whose last known employer was Wells Fargo Clearing Services, LLC (CRD #19616) of Flemington, NJ. His previous employers include The GMS Group, LLC (CRD #8000) of Livingston, NJ, and Moore & Schley, Cameron & Co. (CRD #6917). No current employment information is available. He began in the industry in 1986.

Bianchi has one disclosure on his record, a customer dispute filed on 01/19/2018. In it, the claimants allege that Bianchi made unsuitable investments in the Puerto Rican bond market. These recommendations were made between 2013 and 2017, when the Puerto Rico bond market found itself in a severe crisis. After the island was later devastated by Hurricane Maria, the financial market collapsed.

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. 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.

Zachary-Bader-Suspended-After-Multiple-Allegations-of-Churning-300x232A man whose account was churned down to $10,000 was awarded both compensatory damages of $375,000 for his original investment plus an additional $700,000 in punitive damages. The client, Herbert W. Voss, was awarded $1.075 million by FINRA.

Mr. Voss’ attorney was quoted as saying that “It was like the Wild, Wild West in terms of lack of controls at the firm. It was unconscionable.”

Legend Securities, expelled by FINRA in April of 2017, was also known as Marlin Trading, Inc. and SPC Securities, Inc. The company’s record lists 32 disclosures. Many of these are similar to Mr. Voss as well as multiple fines and censures.

Ralph Michael Byer (CRD #1038411) is a registered broker and investment advisor currently employed with Merrill Lynch, Pierce, Fenner & Smith Incorporated (CRD #7691) of Plantation, Florida, where he has been since 1982.

Churning-1024x683-300x200Byer has a total of seven disclosures, all of them customer disputes. The most recent was filed on 06/19/2018, alleging “excessive trading, unsuitable investment recommendations and misrepresentation from 1990 until 2018.”  This case is currently pending.

His next previous dispute, filed on 02/03/2014, alleged misrepresentation involving a life insurance policy purchased in June of 1987. This claim was denied. However, the next dispute, filed on 01/27/2009, was settled for $7,000. The client alleged “unsuitable investment recommendations,” and requested damages of $100,000.

Andrew Jason Mandell (CRD #194970) is a previously registered broker whose last employer was Network 1 Financial Securities Inc. (CRD #13577) of Oakland, CA. Previous employers include Olympus Securities, LLC (CRD #114050), Halcyon Cabot Partners, LTD. (CRD #32664, one of four previous employers expelled by FINRA, on 10/06/2015) and The Vertical Group (CRD #104353), all of New York, NY. No current employment information is available. He has been in the industry since 1992.

Abern-Barred-by-FINRA-for-Failing-to-Cooperate-200x300Mandell is the subject of two regulatory disclosures, the most recent filed on 8/20/2018. FINRA sent a letter to Mandell asking him for on-the-record testimony in relation to a potential violation of Section 5 of the Securities Act of 1933, which regulates the timeline and distribution process for issuers who offer securities for sale. No specific details are included for this potential violation, but when Mandell declined to testify in the inquiry, he violated FINRA Rules 8210 and 2010. FINRA barred Mandell indefinitely, and in all capacities, effective 8/20/2018, and Mandell signed an Acceptance, Waiver & Consent (AWC) letter agreeing to the sanctions.

There is only one other disciplinary disclosure, filed on 11/29/1994 by the state of Hawaii’s Commissioner of Securities. According to the complaint, Mandell failed to register as a securities salesperson, and allegedly committed securities fraud. He signed the consent agreement and paid the $1,250 civil penalty, dismissing a preliminary order to cease and desist.

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