Archive for October 2011
26
Ex-Brokers from Edward Jones Under FBI Investigation Over Alleged Ponzi Scheme
Comments off · Posted by Securities Lawyer in FINRA
The FBI is investigating two former Edward Jones brokers based in South Dakota for their role in a “selling-away” case that involved raising money from clients who invested in an alleged Ponzi scheme writes Bruce Kelly in a September 28, 2011, article in InvestmentNews.com.
Kelly writes that according to Jones, a client brought the matter of Gibraltar Partners Inc. to the firm’s attention in March. As a result of its investigation, during which the company learned that the Justice Department was in the middle of a criminal investigation of Gibraltar Partners, Edward Jones fired the brokers, Jones spokesman John Boul wrote in an e-mail.
“A small number of Edward Jones clients have invested money in this scheme, away from the firm,” Mr. Boul wrote. “The firm is currently negotiating settlements with these clients.”
Edward Jones is one of the largest brokerage firms in the country. It has more than 12,000 brokers, most of them operating from one- or two-man offices. “Selling away” is one of the most common difficulties independent and franchisee broker-dealers face in their oversight of registered reps. Such reps typically operate in one- or two-man offices and have no branch manager looking over their shoulders on a day-to-day basis. Cases typically involve a broker selling a financial product that the broker-dealer did not approve or know about, with the investment vehicle blowing up and harming the client’s portfolio.
The InvestmentNews.com artcle goes on to say that a group of investors in June sued Gibraltar Partners in U.S. District Court in the Southern District of New York, alleging that Gibraltar and others, including the Rahfco Funds LP, were running an alleged Ponzi scheme. Investors are seeking $100 million in damages in that suit. Jones was not named in that lawsuit. Gibraltar Partners could not be reached to comment.
The names of the former Jones brokers allegedly involved in the matter were not revealed by Jones. “Other investors who are not clients of Edward Jones also invested in Gibraltar” and that the firm is cooperating with federal and state authorities.
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you feel you have become a victim of these brokers associated with Edward Jones or other brokerages, by investing in the alleged Ponzi Scheme, Gibralter Partners, Inc., call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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26
UBS will pay $12M over Short-Sales Settling FINRA Claim
Comments off · Posted by Securities Lawyer in FINRA
In a Bloomberg News article from October 25, 2011, we learn that UBS AG, Switzerland’s largest bank, will pay $12 million to resolve Financial Industry Regulatory Authority claims that a brokerage unit allowed millions of short-sale orders to be placed without reasonable grounds to believe that the securities could be delivered.
The article points out that the supervisory system for locating and marking orders at UBS Securities LLC was “significantly flawed” and contributed to violations across its equities-trading business, Washington- based Finra said. The company’s framework wasn’t designed for regulatory compliance until at least 2009, the industry-funded brokerage watchdog said.
For a short sale, an investor sells a security it doesn’t own, betting the price will decline before it’s time to deliver the shares. Under a rule known as Reg SHO, brokers can only accept short-sale orders when they can reasonably ensure the shares needed to cover the bets will be available to the investor at the time of delivery.
“Firms must ensure their trading and supervisory systems are designed to prevent the release of short-sale orders without valid locates, and properly mark sale orders, in order to prevent potentially abusive naked short selling,” Brad Bennett, Finra’s head of enforcement, said in the regulator’s statement. “The duration, scope and volume of UBS’s locate and order- marking violations created a potential harm to the integrity of the market.” In settling the claims, UBS consented to the findings without admitting or denying wrongdoing, Finra said.
Substantial Investments
“UBS made a substantial investment to upgrade systems and procedures, including supervisory protocols, IT change control processes, and compliance programs to tighten its Reg SHO controls,” Christiaan Brakman, a spokesman for the Zurich-based bank, said in an e-mailed statement. “This investigation is concluded and all issues identified by Finra and UBS have been remediated.”
UBS’ internal controls came under scrutiny last month after Kweku Adoboli, a trader who worked on the exchange-traded funds desk in London, was arrested for allegedly racking up $2.3 billion in losses from unauthorized trading. Adoboli, who has been in custody since his Sept. 15 arrest, is expected to enter a plea on the accusations at a Nov. 22 hearing.
According to the Bloomberg News article, the bank said it filed a document to the U.S. Securities and Exchange Commission, stating that management has determined its internal controls weren’t effective on Dec. 31, 2010. UBS has taken and continues to implement measures to address the deficiencies, it said.
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you feel you have become a victim of short-sale losses through UBS Securities, LLC, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com.
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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25
FINRA Warns Investors on the Risks of Nontraded REITs
Comments off · Posted by Securities Lawyer in FINRA
On October 4, 2011, the Financial Industry Regulatory Authority Inc. or FINRA, issued an alert to investors that outlines the nontraded real estate investment trusts (REITs) features and potential drawbacks, such as high fees and a lack of liquidity. As the name suggests, nontraded REITs aren’t listed on a national exchange writes Bruce Kelly for InvestmentNews.com.
“Turbulence in the stock market and an extended period of low interest rates have contributed to investors’ seeking products offering attractive yields,” Finra’s alert said. “One such product is the publicly registered non-exchange-traded real estate investment trust, or ‘nontraded REIT,’ for short.”
This was the first Finra investor alert regarding REITs and is yet another indication of the regulator’s intense interest in the product according to FINRA’s website.
Kelly goes on to say that such REITs are sold exclusively through independent broker-dealers, though executives with nontraded REIT sponsors said in private discussions that they intend to negotiate with the wirehouses also to sell the products.
Last month, Finra issued a rule proposal that would drastically change how the value of nontraded REITs appeared on client account statements, a troubling issue for independent broker-dealers that sell the products and the sponsors that create them. Finra’s new proposal takes aim at brokers’ commissions and other upfront costs.
In May, the regulator filed a complaint against David Lerner Associates Inc., claiming that the longtime share value of $11 for its Apple REITs was unreasonable in the face of market fluctuations and other events. Finra’s investor alert comes as the nontraded-REIT industry registers strong sales.
The InvesterNews.com article says that investors bought close to $4.6 billion in nontraded REITs through June 30, according to two consultants who follow the industry. That put sales on a pace to top 2010′s full-year total of about $8.4 billion, the third-highest ever, according to Direct Investments Spectrum, a newsletter that follows the nontraded-REIT marketplace.
“Nontraded REITs are generally illiquid, often for periods of eight years or more,” Finra said. “Early redemption of shares is often very limited, and fees associated with the sale of these products can be high and erode total returns.” Front-end fees can be as much as 15% of the per-unit price, Finra said. Front-end underwriting fees for publicly traded REITs may be 7% or more of the offering proceeds, plus a brokerage commission for investors who buy shares in the open market, according to Finra.
The regulator in its alert highlighted a number of “complexities and risks” associated with the product.
Kelly writes that one such “risk” is nontraded REITs’ dividends, which are an essential component to attracting investors to the product. Known as “distributions” in the industry, they “are not guaranteed and may exceed operating cash flow,” according to Finra. “Distributions can be suspended for a period of time or halted altogether,” according to the Finra alert.
Kelly concludes that some leading REIT sponsors that struggled during the credit crisis cut investor distributions. Michael Stubben, president of MTS Research Advisors, which analyzes nontraded REITs, pointed out that Finra’s attention to nontraded REITs is “probably driven by the struggles of some older programs” that cut dividends and saw valuations fall. It’s also aimed, he added, at “getting advisers to understand the risks” of the products..
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you feel you have become a victim of the sale of unsuitable REITs by your broker/dealer, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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25
Colorado Settles E*Trade Auction Rate Securities
Comments off · Posted by Securities Lawyer in FINRA
The following press release was from the State of Colorado regarding a settlement with E*Trade over the firm’s auction rate securities issues.
Colorado Securities Commissioner Announces Settlement of its Auction Rate Securities Enforcement Action against E*TRADE
The Colorado Securities Commissioner Fred Joseph announced today that a settlement in principle has been reached between E*TRADE Securities, LLC, and the Colorado Division of Securities settling its enforcement action against E*TRADE related to its sale of auction rate securities to Colorado investors. Under the settlement agreement, E*TRADE agreed to buy back approximately $3.5 million worth of auction rate securities from Colorado investors who found themselves unable to sell their securities after they had been frozen in the auction rate securities (“ARS”) market. This settlement also includes a broader agreement by E*TRADE to return approximately $100 million to the firm’s clients on a nationwide basis.
This settlement concludes the Division’s enforcement action initiated to sanction E*TRADE’s license in Colorado for alleged violations of the Colorado Securities Act in connection with the sale of auction rate securities to Colorado investors. A hearing was held before Administrative Law Judge Robert Spencer beginning June 6, 2011. On August 12, 2011, Judge Spencer issued his initial decision finding that E*TRADE willfully misrepresented material facts in connection with the sales of auction rate securities to Colorado investors and failed to adequately supervise its financial advisors who sold the auction rate securities to Colorado investors. The Initial Decision by Judge Spencer is not an effective or final order, but was pending with the Securities Commissioner for issuance of a final order.
This settlement also concluded a multi-state investigation of E*TRADE for its role in the sale of auction rate securities for making misleading representations to certain of its clients that auction rate securities were the same as “7 day paper” and were a suitable alternative to money market funds for liquidity purposes. It did so through its sales force, some of whom represented to certain investors that auction rate securities were safe investments for cash management purposes. The auction rate securities markets froze in February of 2008, triggering a flood of complaints from investors who could not withdraw money from their accounts. States received complaints from a wide range of investors who suffered significant financial damage because the money they were told was liquid was tied up in the frozen ARS market.
E*TRADE has agreed to make Colorado investors whole,” said Commissioner Joseph. “Getting this relief for investors was our ultimate goal. I credit the hard work and persistence of the Staff of the Division and the lawyers from the Colorado Attorney General’s office who represented us in our action for achieving this positive result for investors.”
These terms of the settlement include E*TRADE’s agreement to buy back at par all outstanding auction rate securities purchased through the firm by individual investors prior to February 11, 2008, fully reimburse all individual investors who sold their auction rate securities at a discount, reimburse certain investors for the cost of loans after the investor took out a loan from E*TRADE because their securities were frozen, and pay a penalty and the costs of the legal action.
The settlement is the fifteenth that the Securities Commissioner has entered. Previous settlements include Deutsche Bank Securities, Citigroup Global Markets, Bank of America Securities, Credit Suisse Securities, JP Morgan Chase, Merrill Lynch, RBC Capital Markets, UBS Securities, Wachovia Securities, Stifel Nicolaus, Goldman Sachs, Morgan Stanley, TD Ameritrade, and Wells Fargo. The Division continues to investigate possible misconduct by other firms.
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you feel you have become a victim of auction-rate securities losses through E*Trade Financial Corporation, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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21
Did You Invest in IMH Secured Loan Fund, LLC?
Comments off · Posted by Securities Lawyer in FINRA
If you invested in IMH Secured Loan Fund, LLC, then you may have the right to recover money from the brokerage firm responsible for supervising your sales agent/broker. You must act quickly due to the statutes of limitation.
Soreide Law Group, PLLC, wants you to know that you may be able to recover losses that you have incurred with IMH Secured Loan Fund, LLC, from the brokerage firm that employed the sales agent/broker who sold the IMH Secured Loan Fund, LLC. Under FINRA rules, brokerage firms have the responsibility to make sure the investor understands all of the risks of the investment, and that they sell the investment only to clients who are suitable for high-risk, illiquid investments.
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you or a family member sustained a loss through IMH Secured Loan Fund, LLC, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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21
Important QuestionsYou Should Ask a Prospective Financial Adviser
Comments off · Posted by Securities Lawyer in FINRA
In an article from the New York Times, October 18th., 2011, John Wasik writes that if you’re concerned about whether an adviser’s parent firm is going to survive a crisis or if you’re not happy with your portfolio, there are some important questions to ask before you make a change to a new wealth manager. Brand reputation is often the linchpin for advisory relationships. You should expect a wide range of services and extensive handholding from a top-tier firm. But when the company is tarnished, top executives and advisers often resign or are fired.
For example take UBS, the Swiss bank that was once one of the most powerful brands in wealth management. At one point before the 2008 financial crisis, it employed 8,000 advisers. It was one of the largest managers of private wealth, with $1.7 trillion in client assets. Since the crisis, the firm has lost more than 1,000 advisers. After it was revealed that a UBS trader had lost $2.3 billion from unauthorized trading, the company’s chief executive, Oswald Grübel, and other managers resigned.
Wasik asks, if you are with a troubled firm, how do you know whether or when to move on?
The Securities and Exchange Commission (SEC) is writing a rule that will make brokers and advisers become fiduciaries. This means that if they don’t put your interests first, you can sue them, which is not the case with most securities brokers and agents now, as they are governed by a looser standard of whether an investment they recommend is “suitable.”
“Don’t think that brand names are important when the industry is going through a paradigm shift,” says Paula Hogan, a certified financial planner (C.F.P.) and chartered financial analyst (C.F.A.) who is based in Milwaukee. People do not care as much about portfolio returns as they do about maintaining a standard of living for a lifetime, she said, and many high-visibility firms focus more on returns and less on comprehensive financial planning.
The NY Times article goes on to say that finding an adviser who already acts as a fiduciary — while not a fail-safe standard — offers better investor protection than the broker-dealer model. Generally, most fee-only C.F.P.’s, C.F.A.’s, lawyers and accountants who do personal financial advising have a written standard of care that combines a code of ethics with extensive pro-client guidelines.
“Where does your adviser get their compensation from?” Mr. Hogan asks. “Do they own another business that benefits from their recommendations to you, or does the business own them?”
Wasik writes that fees also provide an insight into the relationship you will have with a firm. Do they charge for assets under management or an hourly rate for planning services, or both? Do they earn a commission on their recommendations?
A fiduciary consultant with 3Ethos in Mystic, Conn., Don Trone, said he looked at credentials carefully. He favors C.F.A.’s because of their rigorous training in investment analysis, as well as those who are constantly updating their knowledge “through a commitment to lifelong learning.”
A worthy adviser must also have the ability to listen, Mr. Trone said.
“They should adopt a consultative approach,” he said. “They should sit down and listen to you and write on a legal pad your goals and objectives. I like the 70/30 rule. You should do at least 70 percent of the talking and not vice versa.”
The bedside manner can often cover some huge problems. Just ask the victims of Bernie Madoff. The next level of your inquiry can get at some of the most troublesome conflicts.
Stephen Horan, head of private wealth management for the CFA Institute in Charlottesville, Va., which represents chartered financial analysts, says it would be worthwhile to ask for an adviser’s Security and Exchange Commission’s ADV Form, Part II. This document is supposed to list any potential conflicts of interest and specify how advisers are compensated.
You may grimace at the thought of poring through a disclosure form, but you will learn if the adviser is paid referral fees by financial product firms, information about their transaction costs and where they hold your assets. This last item is critical. Ideally, your money should not be held by the adviser’s firm. You need a trusted third party holding your cash.
The Times artice says that several specialized search engines will check for disciplinary or legal actions and summarize the firm’s record. While it is not possible to know everything about an adviser, you can also learn a lot by how much attention they pay to ethical codes and adherence to tougher global guidelines, including the Global Investment Performance Standards, industrywide ethical benchmarks recognized in 32 countries.
“The world’s imperfect, and you can’t hold an adviser to impossible standards,” Mr. Horan says. “But a code of ethics and standard of practice is important. Just because a broker’s background check comes up clean doesn’t mean it’s a seal of approval.”
Finding the right wealth manager goes beyond what the firm can bring to the table. They need to make the time investment in you and your objectives, and you need to complement the process by asking the right questions before engaging with them.
Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you feel you have become a victim of stock/securities loss, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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20
Boca Raton Broker, David Maltese, Barred by FINRA
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Securities Attorney, Lars Soreide, of Soreide Law, PLLC, has represented clients nationwide. If you or a family member experienced losses due to a stock broker’s or financial advisor’s recommendation, and/or in particular through David Angelo Maltese of Boca Raton, FL, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com.
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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20
Clyde Benninghoff, Amelia Island, FL, Barred by FINRA
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19
Weston, Florida, Broker Jeffrey Scott Donner, Named in FINRA Complaint
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Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you or a family ember have sustained a stock/securities loss through Jeffrey Scott Donner of Weston, FL, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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19
Mark Alan Weber of Palm City, FL, Fined and Suspended by FINRA
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Securities Attorney, Lars Soreide, of Soreide Law Group, PLLC, has represented clients nationwide. If you or a family member have sustained a stock/securities loss through Mark Alan Weber, call a Securities Arbitration Lawyer for a free consultation on how to potentially recover your losses. To speak with an attorney, call 888-760-6552, or visit www.securitieslawyer.com
Soreide Law Group, PLLC., representing investors nationwide before FINRA the Financial Industry Regulatory Authority.
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