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Articles Posted in Stockbroker Misconduct

A current client dispute relating to Jeffrey Hawley (CRD #1131302) has been filed against Wells Fargo.  Hawley is a registered broker currently with Wells Fargo Clearing Services, LLC (CRD #19616). Hawley is also a registered investment advisor with the same company.

The customer dispute centers on Puerto Rican bonds, which were popular to sell to investors for their high returns. When the island declared bankruptcy in May of 2017, many investors accounts decreased dramatically.

The client alleges that Hawley recommended purchasing these bonds in 2012, and to “thereafter hold the bonds.” The case is currently listed as pending.

Adam Goodman (CRD #2263780) is a currently registered broker and investment advisor employed by Stoever, Glass & Company Inc. (CRD #7031) of Boca Raton, FL.

His previous employers include Herbert J. Sims & Co. Inc. (CRD #3420) and Wien Securities Corp. (CRD #10467.) He has been in the industry since 1994 moving from H.J. Sims to Stoever in 2018.

Goodman has three customer disputes in his career, with the most recent filed on April 3, 2018. The customer alleges “high pressure sales,” unsuitable investments, fraud and negligence, and is requesting damages in the amount of $25,000.

Lee Robert Donais (CRD #2347440) was a registered broker with SCF Securities, Inc. (CRD #47275) of Lighthouse Point, FL, since 2012 through May 2018. His previous employers include Brookstone Securities, Inc. (CRD #13366), brokersXpress LLC (CRD #127081, now defunct), and LPL Financial Corporation (CRD #6413), also of Lighthouse Point, Florida. Donais has been in the industry since 1993.

On 4/17/2018 a client filed a complaint against Donais alleging “unsuitable investment recommendations,” and has requested damages of $200,000. This dispute is currently pending.

Donais has two employment separations. The first, from brokersXpress on 5/10/12, was due to Donais signing a customer’s name to a form for an IRA withdrawal. The customer, he claimed, requested Donais’ signature on the form because he was on travel and didn’t have access to a fax machine or other equipment to submit his own signature. Since the customer was enroute to a property closing in North Carolina, the transaction was necessary for the anticipated closing on May 10, 2012. When contacted by a company representative inquiring about the signature, he admitted signing the form at the customer’s request.

Broker Keith Michael D’Agostino (CRD #2837860, also spelled “Dagostino”) is currently registered with Aegis Capital Corporation (CRD #15007) in Melville, NY since 2014.  He has been in financial services since 2002.

D’Agostino’s most recent complaint was filed on May 11, 2017, with the client alleging “poor performance.” The client requested damages of $170,000 and Aegis settled this dispute for $92,000.

His only prior dispute was filed on August 12, 2013, while working for Stifel, Nicolaus & Company, Incorporated (CRD #793). The client alleged that D’Agostino engaged in “breach of fiduciary duty, negligence, common law fraud, violation of Florida law, and unjust enrichment.”  The time frame for these allegations was June 2010 through January 2013. The client requested damages of $725,000, the company settled for $220,000.

James J. Mariani (CRD #2932631) is a currently registered broker with Aegis Capital Corp. (CRD #15007) of Bayside, New York. He has been with Aegis for less than one year. His previous employers include:

  • National Securities Corporation (CRD #7569) of Mineola, NY
  • First Montauk Securities Corp. (CRD #13755) of Port Washington, NY

David Schmerber (CRD #2093918) is a currently registered broker and investment advisor with Cetera Advisors of Centerville, OH. He has been in the industry since 1990. His previous employers include:

  • LPL Financial LLC (CRD #6413)
  • Smith Barney Inc. (CRD #7059)

Former broker James Albert Pettit (CRD #733916), formerly of Ameriprise Financial Services, Inc. (CRD #6363), was barred by FINRA on 3/26/2018. This is the result of failing to comply with an arbitration award, and providing proof of the compliance. The bar is indefinite, and in all capacities until the award is paid.

Pettit is the subject of two FINRA regulatory actions and one by the state of Connecticut.

Pettit’s former employers include:

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.

Wedbush Securities is in hot water with the SEC, FINRA, and the New York Stock Exchange for a scheme involving its owner and founder, Edward Wedbush. Mr. Wedbush was allegedly employing a manipulative trading scheme involving over 70 accounts at Wedbush Securities. The trading practice, often referred to as “cherry-picking,” occurs when “traders choose to allocate the best performing trades to their own or preferred accounts.”

According to the NYSE’s complaint, Mr. Wedbush’s scheme involved instructing an employee to execute trades in a general account, and then he would later allocate the trades to various accounts that he controlled. No other employees at the firm were permitted to make these “post-execution allocations.” Mr. Wedbush also executed these trades on a separate trading platform that was not used by other traders at the firm.

The firm allowed Mr. Wedbush to exercise this discretion and had no procedures in place to ensure that the allocations were not made for improper purposes, like steering the more profitable trades into Mr. Wedbush’s controlled accounts. NYSE alleges this lack of supervision violated both SEC and NYSE rules. The firm failed to establish and maintain adequate written supervisory procedures, and failed to retain adequate books and records. The firm’s Co-Chief Compliance Officer even raised concerns over Mr. Wedbush’s trading activity, yet the firm still “took no meaningful action.”

Timary Delorme (CRD #736418) was the subject of a March 2018 regulatory action by the Securities & Exchange Commission. Delorme was employed at the Los Angeles branch of Wedbush Morgan for over 40 years.

In the recent regulatory action, the SEC found that Delorme violated federal securities laws stemming from her involvement in a manipulative trading scheme at Wedbush Morgan. The SEC ordered Delorme to cease and desist from further violating any more federal securities laws as well as barred her from association with any securities broker or investment adviser.

Delorme has also been the subject of a recent FINRA customer dispute alleging $250,000 in damages. In the pending dispute, the Claimant alleges fraud, breach of fiduciary duty, and breach of contract on the part of Delorme. In a past dispute from 2012, a Claimant alleged that Delorme engaged in fraud, deceit, material misrepresentation, and extortion, among other claims, in connection with the Claimant’s account. The Claimant alleged $750,000 in damages as a result of Delorme’s misconduct.

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