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Articles Posted in Stockbroker Misconduct

Michigan broker Kenneth Hornyak (“Hornyak”)(CRD# 2990144), was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) and is no longer licensed to act as a broker, or otherwise associate with firms that sell securities to the public. Hornyak is barred from association with any FINRA member in any capacity.

According to FINRA, while employed as a broker at member firm Stifel, Nicolaus & Co., Inc. (“Stifel Nicolaus”), Hornyak exercised discretion in a client’s account without written authorization from the client. In January 2014, Stifel Nicolaus discharged Hornyak based on those allegations for violating firm policy. FINRA further alleged that Hornyak engaged in unauthorized trading and unsuitable short-term trading in Unit Investment Trusts (“UIT”). FINRA requested on-the-record testimony from Hornyak, however, Hornyak refused to comply and failed to appear for that questioning. As a result of his failing to cooperate with an investigation, FINRA permanently barred Hornyak from the financial industry. Hornyak consented to FINRA’s findings while neither admitting nor denying the allegations against him.

Hornyak was employed as a registered representative by Stifel Nicolaus from March 2006 through January 2014. Prior to that, Hornyak was employed in Purchase, New York by Morgan Stanley, Inc., from January 1998 through March 2006. According to FINRA, Hornyak’s CRD shows several customer complaints against him accusing Hornyak of securities violations including excessive trading (“churning”), unsuitable investments and unauthorized trading. He was also the subject of two employment terminations for cause (one as noted above). Furthermore, customers have settled disputes against Hornyak in the amounts of $90,000, $50,000 and $10,000.

New York broker and financial advisor Paul Padovani (CRD# 2688559) was suspended by FINRA (Financial Industry Regulatory Authority) for four months from associating with any FINRA firm in any capacity, for borrowing $75,000 from a customer. Padovani’s actions violated FINRA Rules 3240 and 2010. According to his Letter of Acceptance Waiver and Consent, Padovani repaid the loan but did not obtain approval prior to his taking the funds from his employer, Metlife Securities Inc. Padovani consented, without admitting or denying the allegations made against him by FINRA, to a four-month suspension in resolution of his disciplinary proceeding. The suspension is in effect from May18, 2015, through September 17, 2015.

Padovani began his employment with MetLife Securities in 2012.  He was previously employed by Morgan Stanley & Co. from 2009-2012, and Wachovia Securities LLC from 2003-2009.

If you invested money with Paul Padovani, Metlife Securities, Inc., Morgan Stanley, or Wachovia Securities and suffered losses, you may be entitled to recover some or all of those investment losses. Please call our securities law firm toll free at (800) 975-4345 to speak with an experienced attorney, and to find out how we may be able to help you to regain some or all of your losses. Most cases are handled on a contingent fee basis, meaning that you do not pay legal fees unless we are successful in your lawsuit.

According to recent SEC allegations, from approximately mid-2009 through at least July 2014, Jacob and Innovative Business Solutions, LLC (“IBS”), which Jacob owns and controls, engaged in a fraudulent scheme involving material misrepresentations and omissions and other deceptive devices and practices. Jacob engaged in this scheme in order to obtain and retain investment advisory clients and thereby collect advisory fees.

For at least five years, Jacob (alone and acting through IBS) routinely made false statements and omissions to current clients, prospective clients, and others, where he:

  • concealed his 2003 disbarment by the State of Maryland for misappropriating client funds, making false statements under oath, making numerous false statements to Bar Counsel, filing false tax returns on behalf of a client, willfully violating a court order, and

Broker Ralph Oelbermann (CRD# 1962900) was permanently barred by the Florida Office of Financial Regulation (“OFR”) and fined $110,000 by state regulators commencing on October 24, 2014, for failing to respond to a Complaint by the OFR . He was terminated after customers allegedly reported unauthorized trading in their accounts. The Complaint that was brought by the OFR alleged that Oelbermann falsified customer account documents and conducted fraudulent securities transactions. Furthermore, Oelbermann was permanently barred by FINRA commencing on May 20, 2015, for failing to respond to a FINRA request for information, pursuant to FINRA Rule 9552(d). Oelbermann is permanently barred from association with any FINRA member in any capacity. He failed to request termination of his suspension within 3 months of the date of his Notice of Suspension, and therefore, was automatically barred by FINRA (FINRA Rule 9552(h)).

Oelbermann first became a registered securities broker in 1989 and was registered with the following securities firms from 1989-2013: Hibbard Brown & Co., Inc. (New York, NY ), Corporate Securities Group, Inc. (St. Louis, MO), Investors Associates, Inc. (Hackensack, NJ), Worthington Capital Group, Inc. (Garden City, NY), First Union Securities Financial Network, Inc. . (St. Louis, MO), Gunnallen Financial, Inc. (Palm Beach Gardens, FL), National Securities Corp. (Boca Raton, FL), Securities America, Inc. (Palm Beach Gardens, FL), LPL Financial LLC (Palm Beach Gardens, FL), and J.W. Cole Financial, Inc. (Palm Beach Gardens, FL).

According to FINRA, in September, 2013, Oelbermann was discharged by his employer, LPL Financial, for unauthorized trading involving mutual funds. He also had additional customer complaints filed against him in 2001 and 2002 for allegations concerning misrepresentation, fraud, excessive and unauthorized trading, and unsuitability. In these cases, the customers were awarded reparations.

New York broker Nathalo Menendez (CRD# 4882003), was permanently barred by FINRA and is no longer licensed to act as a broker, or otherwise associating with firms that sell securities to the public. Menendez is barred from association with any FINRA member in any capacity.

According to FINRA, during the period 2007 through 2010, while employed as a broker at iTRADEdirect.com, Menendez engaged in unauthorized trading and excessive trading (“churning”), and unauthorized account openings, in violation of FINRA Rule 2010 and NASD Rules 2110, 2310, and 3110. The assertions against him involved the excessive buying and selling of stock for the purpose of generating commissions, and not for the benefit of the client.

Menendez was registered with nine firms between 2004 and April 26, 2013 [Salomon Grey Financial Corp., Westpark Capital, Inc., Fordham Financial Management, Inc., iTRADEdirect.com Corp., EKN Financial Services Inc., John Thomas Financial, Laidlaw & Company LTD., and A & F Financial Securities Inc.], and left the securities industry on April 26, 2013. Four out of the nine firms he worked for have been expelled from the brokerage industry by FINRA for violations of the law and misconduct. Additionally, Menendez has other claims against him including a customer award dated August 22, 2013, in the amount of $166,000.00 plus interest against Menendez and EKN Financial Services Inc., jointly. This suit was for unsuitability, fraud, excessive trading, and breach of fiduciary duty, among other claims.

A former broker with Syndicated Capital in Great Neck, New York, Martin Knapp, was permanently barred by FINRA. This action occurred because Knapp failed to respond to a FINRA request for information in which he was suspended in April 2015. Because Knapp did not request termination of his suspension within three months, he was automatically barred from association with any FINRA member in any capacity.

Knapp was with Syndicated Capital from March, 2010 when he entered the securities industry.

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.

Miami, Florida based broker Scott Reynolds was fined by FINRA for allegedly failing to report an outside brokerage account to his member firm, Spartan Securities, violating FINRA rules. Reynolds was censured fined $10,000 for this violation.

Reynolds has been employed by Spartan Securities since 2005. Prior to working at Spartan, he was with Empire Financial Group, Park Financial Group and Advantage Trading Group.

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.

Ohio broker Alex P. Anderson (CRD# 4243107) was permanently barred by FINRA in April 2015, for converting customer funds for his own use and benefit, in violation of FINRA Rules 2510 and 2010. According to the Letter of Acceptance Waiver and Consent, Anderson was appointed Power of Attorney over a 94 year-old customer of his, which gave Anderson broad authority over the customer’s financial affairs. Between May 21, 2014 and November 14, 2014, Anderson issued nine checks totaling $75,500 from the client’s bank account and deposited them into a bank account under Anderson’s control, for his own use and benefit. Due to these acts, Anderson violated FINRA Rules 2150(a) and 2010 and was permanently barred from the association with any FINRA member in any capacity. Anderson was registered with FINRA member firm Cetera Financial Specialists LLC from June 2004 through December 2014, and Hochman and Baker Securities Inc. of Stamford CT, from January 2002 through August 2004.

Many brokerage firms prohibit financial advisors from serving as trustees of clients’ trust accounts or executors of clients’ trust and estate plans. Financial advisors are generally prohibited from serving as power of attorney for elderly clients or managing money separate from investors’ accounts.

If you invested money with Alex P. Anderson or his firms and suffered losses, you may be entitled to recover some or all of those investment losses. Please call our securities law firm toll free at (800) 975-4345 to speak with an experienced attorney and to find out how we may be able to help you regain some or all of your losses. Most cases are handled on a contingent fee basis, meaning that you do not pay legal fees unless we are successful in your lawsuit.

New York broker and Chief Compliance Officer of Trident Partners Ltd., William Michael Quigley (CRD# 1968265), was permanently barred by FINRA commencing on June 23, 2015, for failing to respond to a FINRA request for information, pursuant to FINRA Rule 9552(d). Quigley is barred from association with any FINRA member in any capacity. Quigley failed to request termination of his suspension within 3 months of the date of his Notice of Suspension, and therefore, was automatically barred by FINRA (FINRA Rule 9552(h)).

Additionally, on May 28, 2015, the Securities & Exchange Commission filed an indictment against Quigley alleging that he and his 2 brothers, Michael and Brian Quigley, participated in a fraudulent offering scheme from at least 2003 to 2012, while he was Chief Compliance Officer at Trident Partners Ltd., a brokerage firm in Woodbury, New York. The SEC alleges misappropriation of funds by the 3 brothers, as well as conspiracy to commit wire fraud and money laundering conspiracy in connection with a fraudulent investment scheme. “Quigley and his co-conspirators allegedly engaged in a coordinated and sophisticated scheme built on lies and deceit to defraud overseas investors,” stated Acting United States Attorney Kelly Currie, for the Eastern District of New York.

William Michael Quigley was registered with Trident Partners Ltd. from October 2007 through September 2014, and was employed by Joseph Stevens and Co. from October 2005 through September 2007.

Broker Errol Constantine Hyde (CRD# 1812079) was permanently barred by FINRA commencing on June 23, 2015, for failing to respond to a FINRA request for information, pursuant to FINRA Rule 9552. Hyde is barred from association with any FINRA member in any capacity. Hyde failed to request termination of his suspension within 3 months of the date of his Notice of Suspension, and therefore, was automatically barred by FINRA (FINRA Rule 9552(h)).

Hyde first became a registered securities broker in 1991 and worked for Travelers Equities Sales, Inc. (El Segundo, CA) and Advantage Capital Corp (Atlanta, GA and Miami, FL). Most recently, Hyde was employed by H.D. Vest Investment Services of Port Saint Lucie and Miami Florida, from 2004 through 2014.

If you invested money with Errol Constantine Hyde or his firms and suffered losses, you may be entitled to recover some or all of those investment losses. Please call our securities law firm toll free at (800) 975-4345 to speak with an experienced attorney and to find out how we may be able to help you regain some, or all, of your losses. Most cases are handled on a contingent fee basis, meaning that you do not pay legal fees unless we are successful in your lawsuit.

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