Securities Arbitration Lawyers Blog

Silver Law Group Investigates CONCERT Wealth Management, Summit Advisor Solutions, Private Advisory Group and other RIAs who Sold Aequitas Securities Amidst SEC Allegations of it Running a “Ponzi-like” Scheme

March 16, 2016 | Silver Law Group

Silver Law Group is investigating numerous registered investment advisors (“RIAs”) connected to Oregon-based Aequitas Management, LLC’s (“Aequitas”) “Ponzi-like” scheme and $350 million of investor losses.

On March 10, 2016, the Securities and Exchange Commission (“SEC”) filed a complaint against Aequitas and its various subsidiaries. The complaint’s most damning allegations include Aequitas defrauded over 1,500 investors nationwide between Jan. 2014 and Jan. 2016 of more than $350 million as a last-ditch effort to raise funds to save it from complete financial collapse. This “Ponzi-like” scheme defrauded investors while the most senior executives used the investments to fund their lucrative salaries and extravagant company perks, according to the complaint.

According to news reports, numerous RIAs have been connected with the fraudulent Aequitas, including:

FBI Raids United Development Funding (“UDF”) Headquarters Amidst SEC Investigation

March 15, 2016 | Silver Law Group

On February 18, 2016, the FBI raided the headquarters of UDF, the manager of a family of real estate investment trusts (“REITs”) and other funds, sending shares of UDF’s largest fund, United Development Funding IV (“UDF IV”), tumbling 54% before NASDAQ halted trading, according to InvestmentNews.

The FBI raid is the most recent negative activity for the troubled fund manager. In November 2015, UDF’s auditor, Whitley Penn disclosed he would no longer be auditing UDF’s financial statements and UDF board member William Kahane resigned. A few weeks later in December 2015, Kyle Bass and his firm Hayman Capital Management, posted a report and letter alleging UDF was managed “like a Ponzi scheme.” UDF responded to the reports, saying that it had been under SEC investigation since April 2014.

On February 5, 2016, Bass and his firm set up the website https://udfexposed.com/ in order to further substantiate his allegations. Additionally, Bass revealed that he had a significant short position in UDF.

Former Smith Barney, Raymond James, and Morgan Keegan Broker Claus Foerster Indicted for Fraud

March 14, 2016 | Silver Law Group

A grand jury of the U.S District Court in Spartanburg, S.C. indicted former broker Claus C. Foerster (CRD# 1912949) for defrauding clients of $2.8 million over a 14-year period.

Foerster perpetrated the fraud from 2000 to June 2014 while employed as a financial advisor at Smith Barney & Co., Morgan Keegan & Co. and Raymond James Financial Inc., according to an indictment filed March 8, 2016 in the U.S. District Court in Spartanburg, S.C.

The charges follow the Financial Industry Regulatory Authority Inc.’s 2014 decision to bar Foerster from the brokerage industry due to allegations that he was running a Ponzi scheme.

California Broker Rick Esparza Borrowed Money From Client, Permanently Barred by FINRA

March 9, 2016 | Silver Law Group

California Broker Rick Esparza Borrowed Money From Client, Permanently Barred by FINRA on silverlaw.com

Failure to respond to FINRA’s request regarding customer loan ends securities career.

In August 2015, Princor Financial Services Corp. broker Rick Esparza consented to findings he borrowed money from his client. The California broker allegedly made numerous withdrawals from his client’s variable annuity totaling a personal loan of $67,500. When Esparza failed to make timely payments, the client complained.

As a result, the client was granted $75,000 in settlement damages and, less than a week later, Princor Financial Services Corp. discharged Esparza from its employ.

Boca Raton Financial Advisor Robert Child Faces Yet Another Customer Dispute

March 8, 2016 | Silver Law Group

Boca Raton Financial Advisor Robert Child Faces Yet Another Customer Dispute on silverlaw.com

Three most recent complaints involve allegations of suitability

With almost 40 years in the securities industry, Child has a total of 14 disclosure events reported on his BrokerCheck record. Many events consist of customer disputes as to Child’s actions relating to customer brokerage accounts. The three most recent complaints involve allegations of suitability, with requested damages in excess of $2.5M since October 2015.

Previous customer disputes include allegations such as:

WFG Investments Broker Carl Busch Fined and Suspended by FINRA

March 7, 2016 | Silver Law Group

WFG Investments Broker Carl Busch Fined and Suspended by FINRA on silverlaw.com

Broker’s record includes failure to supervise, tax liens and civil judgments.

In his 46 years in the securities industry, Oklahoma City investment advisor Carl Busch has six disclosure events listed on his official FINRA BrokerCheck record. The most recent event in December 2015 shows that FINRA sanctioned Busch $5,000 and suspended him from participating in the securities industry as an advisor for 45 days.

According to the disciplinary action details, Busch failed to adequately supervise a registered representative of his firm, WFG Investments, who allegedly:

Have You Lost Money with Cantone Research Inc.?

March 1, 2016 | Silver Law Group

Have You Lost Money with Cantone Research Inc.? on silverlaw.com

Have you invested money with Cantone Research or its affiliates?

In an official FINRA disciplinary proceeding in 2012, New Jersey brokerage firm Cantone Research Inc. (CRI) and firm Vice President and Chief Compliance Officer Christine Cantone (Cantone) agreed to the entry of findings, violations, and sanctions filed against both parties. Allegations in the complaint involve Cantone’s failure to reasonably supervise broker Maxwell Baldwin Smith.

It is believed that Smith sold fictitious investments to the firm’s customers and misappropriated over $1.6 million of their funds. Cantone, according to FINRA, should have recognized certain signs of misconduct on the part of Smith, however, failed to do so, and as a result CRI investors suffered significant financial losses.

Have You Enlisted the Financial Services of William Bailey?

February 29, 2016 | Silver Law Group

Have You Enlisted the Financial Services of William Bailey? on silverlaw.com

Broker’s securities industry career is tainted with allegations, suspensions, and sanctions.

For a second time in his 25-year securities industry career, Bailey has been suspended from acting as a broker or otherwise associating with firms that sell securities to the public. This most recent suspension in November 2015 is due to Bailey’s failure to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance. According to FINRA records, Bailey was employed by Next Financial until 2008.

Bailey’s first FINRA suspension took place in September 2010 and involved allegations that Bailey made fraudulent and unsuitable mutual fund and variable annuity switch recommendations to retired and unsophisticated customers with little or no economic benefit to the customers. It was also alleged that Bailey failed to disclose key facts about investment choices, made investment trades without consulting his clients, and failed to disclose potential sales charges that ultimately cost his customers over $90,000.00 in unnecessary costs. At the same time, Bailey derived approximately $105,000.00 in commissions from these transactions.

FINRA Suspends Registered Individuals in February 2016 for Failure to Comply with FINRA Rules

February 29, 2016 | Silver Law Group

According to FINRA Disciplinary actions for February 2016, 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
Philip Wayne Conley	Merrill Lynch, Pierce, Fenner & Smith, Inc.
	Wells Fargo Advisors, LLC
Daniel Joseph Crowley	Equus Financial Consultings, LLC
	Rochdale Securities, LLC
Laurie Anne Facsina	LPL Financial, LLC
	Stratos Wealth Partners, LTD
Daniel Steven Gedatus	RBC Dain Rauscher, Inc.
	Merrill Lynch, Pierce, Fenner & Smith, Inc.
William Albert Hansen	Hudson Heritage Capital Management, INc.
	Wells Fargo Advisors, LLC
Aaron Leonard Heimowitz	Lantern Investments, Inc.
	Global Arena Capital Corp.
Greg James Hilliard	Toussaint Capital Partners, LLC
	Oppenheimer & Co, Inc.
Thomas Wayne Ottman	Benjamin F. Edwards & Company, Inc.
	Feltl & Company
Armando Wood	Raymond James & Associates, Inc.
	UBS Financial Services, 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.

FINRA Suspends Registered Individuals in February 2016 for Violations of FINRA Rules

February 29, 2016 | Silver Law Group

According to FINRA Disciplinary actions for February 2016, 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
Steven Angelo Aguilar	J.P. Morgan Securities, LLC
Thomas Edward Andrews	LPL Financial, LLC
John H. Berry	Crown Capital Securities, LP
John H. Berry	LPL Financial, LLC
Jeffrey Alan Bond	David Lerner Associates, Inc.
Ricardo Athelstone Broome	Woodstock Financial Group, Inc.
Ricardo Athelstone Broome	Meyers Associates LP
Thomas Buono	Park Avenue Securities, LLC
Henry Kimtong Chang	Cetera Advisor Networks LLC
Henry Kimtong Chang	Financial Network Investment Corp.
Veronica A. Deese	The Vanguard Group, Inc.
Larry Gordon Goldston	Caprock Securities, Inc.
Larry Gordon Goldston	Morgan Stanley DW, Inc.
Rogelio Fernando Guevara	Northwestern Mutual Investment Services, LLC
Li-Lin Hsu	Ameriprise Financial Services, Inc.
Li-Lin Hsu	Transglobal Advisory, LLC
Roy Edward Jones	J.P. Morgan Securities, LLC
Roy Edward Jones	Castle Oak Securities
Sean Francis Lanci	J. Streicher Capital, LLC
Sean Francis Lanci	John Thomas Financial
Tiffany Kim Le	Logic Wealth Management
Tiffany Kim Le	J.P. Morgan Securities, LLC
Sergio D. Lopez	MML Investors Services, LLC
Sergio D. Lopez	NYLife Securities, LLC
April Christine Morris-Spicer	Wunderlich Securities, Inc.
April Christine Morris-Spicer	Lincoln Investment
Sean David Portnoy	Nobles & Richards, Inc.
Sean David Portnoy	Sethi Financial Group
Samatha Raeshawn Raines	Fidelity Brokerage Services, LLC
Royal Vance Keith Charles Reynolds III	Pruco Securities, LLC
Angelos Stephen Tsigounis	Stifel, Nicolaus & Company, Inc.
Angelos Stephen Tsigounis	VFinance Investments, Inc.
Makiasa Donyell Turner	Allstate Financial Services, 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.