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In April, we brought you the story of Kelly Althar, a broker who received a permanent ban from the Financial Industry Regulatory Authority (FINRA). Here is additional information that explains why FINRA made this ruling.

While working for the Financial West Group, Althar reportedly began making investments for an elderly client who started with $308,000. Between April of 2011 and March of 2014, FINRA states that Althar made several investments for the express purpose of generating commissions. This unethical practice is known as churning. In fact, Althar is reported to have bought, sold, and then repurchased the same security in just a small timeframe.

In December of 2012, Althar reportedly bought 700 shares of a real estate investment trust (REIT) and then just two months later, sold them for a loss of $261. After another two months, almost 800 shares of the same REIT were repurchased. Six weeks later, FINRA reports that Althar sold them, this time for a loss of over $8,100. Those trades netted Althar more than $3,000 in commissions.

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Awareness will help you avoid becoming a victim of elder financial fraud

Investment fraud is something that can affect anyone, but elderly people seem to be targeted the most. According to one study, 1 in 5 people in the U.S. over the age of 65 have been the victim of a financial scam. Various studies have found that due to elder financial abuse, seniors lose billions every year.

So, how can you protect yourself and your loved ones from fraud? Vigilance is the key. Here are three common signs of investment scams to be aware of:

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Learn about the safeguards that can help older investors

The Financial Industry Regulatory Authority (FINRA) is a nonprofit organization overseen by the government and tasked by the securities industry to protect investors through the creation and enforcement of rules and regulations. Periodically, FINRA makes adjustments and revisions to its guidelines, and the agency recently added measures to safeguard elderly investors.

In its 17-13 regulatory notice, FINRA spells out its new principal consideration, one of which is intended to protect vulnerable customers. Focusing on the undue influence a broker could have over a customer, the regulation “reaffirms that financial exploitation of senior and other vulnerable customers should result in strong sanctions.”

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His most recent alleged transgression wasn’t his first

Earlier this year, the Financial Industry Regulatory Authority (FINRA) handed down a permanent ban to Matthew Maczko, a former Wells Fargo broker who had been accused of making excessive trades that earned him almost $600,000 in commissions. And because his client was near 90 when Maczko began handling her money, this may have constituted elder financial fraud.

In our original article, we mentioned that the allegations that resulted in FINRA’s ruling were not the first levied against Maczko. In addition to a $1M settlement stemming from reports of four years of unauthorized trading, there have been several other customer disputes:

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Ariola allegedly made unsuitable recommendations in high-risk gold and energy stocks to elderly investors.

In December 2016, a disciplinary proceeding by the Financial Industry Regulatory Authority (FINRA) resulted in broker Christopher Ariola being permanently barred from the securities industry. This decision followed a FINRA investigation into Ariola’s termination from Bay Mutual due to the firm’s concerns over recommendations he made to firm customers that were not consistent with firm guidelines.

The investigation uncovered allegations of possible senior financial fraud in that he made unsuitable recommendations to four retirees with limited financial resources and who needed income from those resources. His reported recommendation that these unsophisticated investors concentrate their retirement assets in risky gold and energy stocks was inconsistent with their financial needs and objectives.

According to FINRA Disciplinary actions for May 2017, 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:

NAME FORMER EMPLOYERS
  Dimitris Alifragis
  Ricardo Alonzo Jr.
  David William Beutler   Wells Fargo Advisors, LLC
  Prudential Securities Incorporated
  J. Gordon Cloutier Jr.   Wells Fargo Advisors, LLC
  Merrill Lynch, Pierce, Fenner & Smith Inc.
  Donald Joseph Coleman   Citigroup Global Markets Inc.
  Charles Maxwell Cox   Wells Fargo Advisors, LLC
  Chases Investment Services Corp.
  Laura Johnson Craven   State Farm VP Management Corp.
 Thomas A. Davis   Wells Fargo Advisors, LLC
  Megan Eilers   Wells Fargo Advisors, LLC
  First Clearing, LLC
  Ayrton Pierce Haddad   TD Ameritrade, Inc.
  E*Trade Securities LLC
  Scott William Hartman   Morgan Stanley
  Sanford C. Bernstein & Co., LLC
  Stephen Johnathan Hoshimi   Crescent Securities Group, Inc.
  Capwest Securities, Inc.
  Israel Jurkevicz   J.P. Morgan Securities LLC
  Shawn Brett Larkin   Fidelity Brokerage Services LLC
  Richard Muzquiz Jr.   J.P. Morgan Securities LLC
  Chase Investment Services Corp.
  Sharon Theresa Noonan   Allstate Financial Services LLC
  Prudential Securities Incorporated
  Olateju Samson Oyeniyi
  Michael Jason Ripper   International Assets Advisory, LLC
  LPL Financial LLC
  Christopher Peter Rose   State Farm VP Management Corp.
  Teresita Santos Santos   Tramsamerica Financial Advisors, Inc.
  World Group Securities, Inc.
  Bimal Kishore Shah   Independent Financial Group, LLC
  WRP Investments Inc.
  Bryan Michael Snyder   J.P. Morgan Securities LLC
  Northwestern Mutual Investment Services, LLC
  Cory Ward Taylor   Ameriprise Financial Services, Inc.
  IDS Life Insurance Company
  Xin Wang   JP Morgan Securities LLC
  Matthew Edward Witkowski   Vanguard Marketing Corporation
  Edward Jones

Silver Law Group represents investors in securities and investment fraud cases through FINRA arbitration or court.  Our lawyers are admitted to practice in New York and Florida and represent investors nationwide in securities arbitration 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.

According to FINRA Disciplinary actions, 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
  Fred Ronald Brown   UBS Financial Services Inc.
  Morgan Stanley & Co. Inc.
  Robert Joseph Burke III   Suntrust Investment Services, Inc.
  UBS Financial Services INc.
  Joseph Christopher Delaura   Citigroup Global Markets Inc.
  Morgan Stanley DW Inc.
  Michael Dennis Hampton   LPL Financial LLC
  Ameriprise Financial Services, Inc.
  Raul Enrique Jacobs   Waddell & Reed
  T2 Asset Management, LLC
  David Ladin   CUNA Brokerage Services, Inc.
  Allstate Financial Services, LLC
  Gregory Marcel Martino   Blackbook Capital LLC
  Coastal Equities, Inc.
  J-Thaddeus Peter McGaffey   Waddell & Reed
  Ameriprise Financial Services, Inc.
  Richard James Murphy   Tullett Prebon Financial Services LLC
  Citation Financial Group, LP
  Joseph Dominick Quinzi   First Standard Financial Company LLC
  Alexander Capital, LP
  Englebert Sarmiento   Network 1 Financial Securities Inc.
  EJ Sterling, LLC
  Laurence Michael Torres   First Standard Financial Company LLC
  Alexander Capital, LP
  Larry Michael Underwood Jr.   Wells Fargo Advisors, LLC
  A.G. Edwards & Sons, Inc.
  Troy William West   Innovation Partners LLC
  Regulus Advisors, LLC

Silver Law Group represents investors in securities and investment fraud cases through FINRA arbitration or court.  Our lawyers are admitted to practice in New York and Florida and represent investors nationwide in securities arbitration 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.

According to FINRA Disciplinary actions for May 2017, 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
  Philip Bagalanon
  Terry Dean Bahgat   Gradient Securities, LLC
  Cambridge Investment Research, Inc.
  Patrick Hugh Dowd   Pruco Securities, LLC
  John Scott Elliott   Ameriprise Financial Services, Inc.
  Joseph Adam Giardina   Allstate Financial Services, LLC
  Ryley Grosso   Infinex Investments, Inc.
  PFS Investments Inc.
  Larry Anthony Ham   J.P. Morgan Securities LLC
  Chase Investment Services corp.
  Lystra C. Moore-Besson   HSBC Securities (USA) Inc.
  HSBC Brokerage (USA) Inc.
  Ryan Edward O’Neal Jr.
  Karrie Renee Parrett   Independent Financial Group LLC
  Invest Financial Corporation
  Brian Thomas Perry   Ameriprise Financial Services, Inc.
  IDS Life Insurance Company
  Meaghan Mary Rumsey   IFS Securities
  Cadaret, Grant & Co., Inc.
  Joshua James Shelby   J.P. Morgan Securities LLC
  Chase Investment Services Corp.
  Donald Lee Watson Jr.   The Jeffrey Matthews Financial Group, LLC
  Stifel, Nicolaus & Company, Inc.
  Mark Nicholas Wesley   Ameriprise Financial Services, Inc.
  IDS Life Insurance Company
  Terrance Jerome Wilkerson   First Financial Equity Corporation
  Merrill Lynch, Pierce, Fenner & Smith Inc
  Gregory Allen Zale   LPL Financial LLC
  Royal Alliance Associates, Inc.

Silver Law Group represents investors in securities and investment fraud cases through FINRA arbitration or court.  Our lawyers are admitted to practice in New York and Florida and represent investors nationwide in securities arbitration 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.

A Reuters investigation team ran a story on June 12, 2017 concerning high-risk brokers and brokerage firms and compiling a list of the firms with highest percentage of brokers with BrokerCheck disclosures.

The FINRA BrokerCheck tool allows users to search specific brokerage firms and brokers to see a variety of information such as location, ownership, outside business activities and, most importantly, FINRA disclosures.

There are a total of 23 types of incidents that might give investors concern, such as regulatory sanctions, lawsuit judgments and bankruptcies.  Unfortunately, the information, while very helpful, leaves out bulk information about which brokerage firms have a higher percentage of brokers reporting these incidents.

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Career-ending move involves reports of accepting a loan from an elderly customer

New Jersey-based broker Joan Marie Larsen’s financial industry career is over after she was reported to have accepted a loan from an elderly customer.

In this case, Larsen allegedly accepted a $50,000 interest-free personal loan from an elderly client who was not an immediate family member. An investigation by the Financial Industry Regulatory Authority (FINRA) found that “Larsen’s member firm did not have written procedures permitting such a loan.” In addition, Larsen only paid $3,000 on the loan, leaving $47,000 still due to the customer.

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