Finra warned investors that if the interest rates rise – as most pros expect – bond investors could be slammed by long duration, writes Dan Jamieson in a Feb. 14th., 2013 article for InvestmentNews.com

FINRA, the Financial Industry Regulatory Authority Inc. in an investor alert, told investors that in the event of rising interest rates, “outstanding bonds, particularly those with a low interest rate and high duration may experience significant price drops.”

FINRA gave the example of a bond fund with 10-year duration will decrease in value by 10% if rates rise one percentage point, the alert warns.

FINRA added that bond-fund investors can find measures of duration in a bond fund’s fact sheet, and individual bond investors can check with their investment professionals, the bond’s issuer, or they can use an online calculator to get the figure.

Short duration doesn’t mean risk-free, the alert says.

“Bonds and bond funds are subject to inflation risk, call risk, default risk and other risk factors,” the warning says.

Bonds are not without risk, however in many instances bonds are presented as the safe alternative.

If you find yourself in this position, call Soreide Law Group for a free consultation on how to potentially recover your financial losses: 888-760-6552.

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Securities Lawyer, Lars Soreide of Soreide Law Group, PLLC, recently announced that he is investigating claims against Linsco Private Ledger (LPL Financial) for investors who have suffered losses by former LPL broker Alberto Neira.

The clients of former LPL representative Alberto Neira were solicited to invest in the now defunct Silver Oak Leasing – a business operated by Alberto Neira that was allegedly engaged in the financing of luxury cars in Southern California. These clients suffered a complete loss on their investment in Silver Oak Leasing.

FINRA, the Financial Industry Regulatory Authority, permanently barred Albert Neira in December, 2012, for defrauding at least fourteen investors, many of whom were LPL customers at the time they were solicited to invest in Silver Oak Leasing. This is also known as a selling away scheme. The following passage is from FINRA’s website: “Between July 1, 2008, and January 18, 2011, Respondent (Neira) made recommendations that resulted in over $2 million in investments in Silver Oak to at least 14 firm customers. These investments included stock and promissory notes. The customers understood that the invested funds were to raise money for the general use of Silver Oak’s business enterprise. The sales were conducted privately and not through Respondent’s employing firm. Respondent failed to disclose these securities transactions to his firm.”

If you invested in Silver Oak Leasing with broker, Alberto Neira, or with LPL Financial, call Soreide Law Group at: 888-760-6552, or you may visit our website and complete the online form at: http://www.securitieslawyer.com.

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Crystallex has commenced a proceeding under chapter 15 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware in order to ensure that relevant CCAA orders are enforced in the United States. Many stock brokers recommended CRYXF to their clients as an undervalued mining company that is poised for a big jump. This investment may not have been suitable for conservative investors. If your stock broker recommended a significant investment into Crystallex recently you may be able to recover some or all of your investment losses.

On December 23, 2011, Crystallex received an initial order from the Ontario Superior Court of Justice granting CCAA protection until January 21, 2012. Proceedings by creditors cannot be continued or commenced without the consent of the Company and Ernst & Young Inc. (the Monitor) or leave of the Court. The Court extended the stay until March 23, 2012. The Court approved the terms of an interim bridge loan for Crystallex in the amount of US$3.125 million. The bridge loan is a secured, short term loan, due the earlier of April 16, 2012 or the first draw on a debtor-in-possession (“DIP”) financing facility, and is intended to provide the Company with working capital while it continues to pursue DIP financing and progress its arbitration claim.

Crystallex International Corporation is a Canadian based mining company, with a focus on acquiring, exploring, developing and operating mining projects. Crystallex has operated an open pit mine in Uruguay and developed and operated three gold mines in Venezuela.

Call (888) 760-6552 if your stock broker recommended you purchase Crystallex CRYXF.

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Those investors who believed they had constructed a “conservative” portfolio by being heavily invested in bonds could be reclassified as “aggressive.” Some also believe the move may be an attempt by the firm to lessen its liability in the event clients who are holding large positions in bonds decide to take legal action against UBS.

Mike Ryan, the chief investment strategist for UBS, said so-called “non consent” letters will be sent out to investors in the coming weeks alerting them of their changed classification – but he says it has little to do with a firm-wide bias against bonds. Rather, UBS is changing “its long-term view” reflecting what it views as a “volatile market…not just in fixed income.”

The Federal Reserve at some point will have to raise short-term interest rates (currently close to 0%), and end its quantitative easing program, which involves the Fed’s purchase of government bonds, which helps depress long-term interest rates and prop up bond prices (yields move in the opposite direction from price). Once this process starts, “conservative” investors with long bond positions will suffer devastating losses or be forced to hold to maturities of which can be decades down the road.

Bonds also carry credit risk and can default if the underlying company can no longer satisfy its obligations. Bonds are not without risk, however in many instances Bonds are presented as the safe alternative.

If you find yourself in this position, call for a free consultation on how to potentially recover your financial losses: 888-760-6552.

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Tenant in Common (TIC) investments, or 1031 exchanges, are a form of real estate ownership in which multiple investors own fractional interests in a property. Many brokers and brokerage firms sold billions of these products to investors across the country allegedly charging high fees, and doing little or no due diligence. They were investments with high risk and highly illiquid, often not suitable for certain investors’ portfolios.

Below is a list of some of the firms who are present or former members of the Real Estate Investment Securities Association (REISA) (previously known as TICA – Tenant in Common Association):

AEI Fund Management Inc
St Paul, MN

American Capital Group
Bellevue, WA

American Investment Exchange
Hermosa Beach, CA

Argus Realty Investors, LP
San Clemente, CA

Ashforth Paradigm Capital Advisors
Boston, MA

Atlas Venture Partners, Inc.
Irvine, CA

B&H Real Estate Holding, LLC
Encino, CA

Behringer Harvard
Dallas, TX

BGK-Integrated Group
Santa Fe, NM

Bluerock Real Estate LLC
New York, NY

Bonaventure Realty Group, LLC
Arlington, VA

Cabot Investment Properties
Boston, MA

Capital Real Estate LLC
Denver, CO

Cole Companies
Phoenix, AZ

Cottonwood Capital, LLC
Salt Lake City, UT

Covington Realty Partners
Chicago, IL

DBSI Group of Companies
Meridian, ID

DeSanto Realty Group
Media, PA

Direct Invest LLC
Linthicum, MD

Dividend Capital
Denver, CO

Eliason 1031 Properties Corporation
Saint Germain, WI

Equitable Companies, LLC
Los Angeles, CA

Evergreen Realty Group, LLC
Pasadena, CA

ExchangePoint Properties, LLC
Beverly Hills, CA

First Guardian Group, LLC
San Jose, CA

FOR 1031/ Spectrus Real Estate Group
Boise, ID

FORT Properties, Inc.
Los Angeles, CA

Franklin 1031 Investments L.L.C.
Oakbrook, IL

Gemini Real Estate Advisors, LLC
New York, NY

Grand Peaks 1031 Properties
Denver, CO

Granite Investment Group, Inc.
Irvine, CA

Griffin Capital Corp.
El Segundo, CA

Inland Real Estate Exchange Corporation
Oak Brook, IL

International Realty Advisor
San Antonio, TX

Investment Properties of America
Richmond, VA

KBS Capital Markets Group, LLC
Newport Beach, CA

Kodiak Capital Partners L.L.C.
Dallas, TX

Meridian Realty Advisors, LP
Dallas, TX

Moody National Companies
Houston, TX

National Exchange Advisors, LLC
Sherman Oaks, CA

Noble Royalties, Inc.
Addison, TX

ORIX Real Estate Capital, Inc.
Dallas, TX

Parthenon Realty 1031 Investors, LLC
Alpheretta, GA

PASSCO Companies, LLC
Irvine, CA

Pennbridge Capital
Lehi, UT

Principle Equity Management
Houston, TX

Rainier Capital Management, LP
Dallas, TX

Real Estate Partners, Inc.
Irvine, CA

Real Estate Value Advisors LLC
Richmond, VA

REEF Oil & Gas Partners
Richardson, TX

Resource Real Estate, Inc.
Philadelphia, PA

RK Properties
Long Beach, CA

Sagebrush Realty Holdings LLC
Denver, CO

SCI Real Estate Investments, LLC
Los Angeles, CA

Sequoia 1031 Companies LLC
Northglenn, CO

Southfork
El Dorado Hills, CA

SRS Investments, LLC
Sarasota, FL

Texas Energy Holdings Inc.
Dallas, TX

The Geneva Organization
Minneapolis, MN

The Woodlark Companies
White Plains, NY

TIC Capital LLC
Boise, ID

TIC Properties, LLC
Greenville, SC

TREC Investment Realty
Las Vegas, NV

Triple Net Properties, LLC
Santa Ana, CA

TSG Real Estate, LLC
Chicago, IL

U.S. Advisors, LLC
Ladera Ranch, CA

Wells Real Estate Funds
Norcross, GA

Western America Equities LLC
Bellevue, WA

1031 Xpress Inc
Bellevue, WA

American Realty Capital
New York, NY

Atel Securities
San Francisco, CA

ATEL Securities Corp
San Francisco, CA

Axxcess Capital LLC
Newport Beach, CA

Bluerock Capital Markets LLC
Newport Beach, CA

Brennan Investment Group LLC
Des Plaines, IL

Calliance Realty Fund LLC
San Francisco, CA

CM Group
Henderson, NV

Coachman Energy LLC
Denver, CO

Commonwealth Capital Corp
Clearwater, FL

Cottonwood Capital LLC
Salt Lake City, UT

Cypress Capital Corporation
San Francisco, CA

Dividend Capital
Denver, CO

Energy Hunter Securities
Houston, TX

Gemini Real Estate Advisors LLC
New York, NY

Grubb & Ellis Realty Investors LLC
Santa Ana, CA

GWG Holdings
Minneapolis, MN

Hamilton Point Investments LLC
Old Lyme, CT

Healthcare Trust of America
Scottsdale, AZ

Hertz Capital Markets Group
Santa Monica, CA

Hines Real Estate Investments Inc
Houston, TX

Inland Private Capital Corporation
Oak Brook, IL

Inland Real Estate Investment Corporation
Oak Brook, IL

JH Financial Group LLC
Newport Beach, CA

KBR Capital Partners
Irvine, CA

KBS Capital Markets Group
Newport Beach, CA

Lightstone Securities LLC
Mahwah, NJ

MacDonald Realty Group
Desoto, TX

Moody National Companies
Houston, TX

New Start Capital LLC
Dallas, TX

Noble Royalties Inc
Addison, TX

NorthStar Realty Finance Corporation
Greenwood Village, CO

Passco Companies LLC
Irvine, CA

Penneco Oil Company
Delmont, PA

Preferred Apartment Communities Inc
Atlanta, GA

Principle Equity Management
Houston, TX

Rainier Capital Management LP
Dallas, TX

Somerset Partners LLC
New York, NY

Somerset Partners LLC
New York, NY

Steadfast Capital Markets Group
Irvine, CA

Strategic Capital Holdings LLC
Ladera Ranch, CA

Thompson National Properties
Irvine, CA

Time Equities Inc
New York, NY

Vertical Capital Markets Group
Irvine, CA

Waveland Capital Partners LLC
Irvine, CA

Wells Real Estate Funds Inc
Norcross, GA

Wilkinson Capital, LLC
Yakima, WA

Securities Lawyer, Lars K. Soreide, of Soreide Law Group, PLLC, represents clients nationwide in arbitrations before FINRA. Call to speak to an attorney regarding your investment losses. For a free consultation on how to potentially recover those losses call: 888-760-6552, or you may visit our website at: http://www.securitieslawyer.com.

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With the stock market crash of 2008-2009 there has been an onslaught of investors filing lawsuits against their stock brokers and brokerage firms for providing them with unsuitable advice. There is a direct inverse correlation with stock index averages and new case filings. In other words, in a down market more cases are filed. Many of these cases had no merit and were largely suits over market losses, but a large percentage represented investors that were legitimately steered into investments products that proved to be illiquid, commission laden, or a complete fraud, such as a ponzi scheme. All of these claims against stock brokers and brokerage firms must be filed with the Financial Industry Regulatory Authority or “FINRA” for short.
Recently investors have been having success bringing FINRA arbitrations against brokerage firms for the sale of the following types of investments:

1) Reverse convertible notes- These were marketed as safe securities that produced an income that are typically linked to the common stock of a particular company and if the underlying stock drops, then the note converts to common shares, and unsuspecting investors who thought they had a fixed income product end up with large amounts of falling common stock they never wanted;

2) Fannie and Freddie Mac preferred shares -sold on and after their 2008 IPO where investors were told the investments were government insured when they were not;

3) Tenant in common or TIC investments- Investors were told to shelter their real estate profits by purchasing a TIC through a 1031 exchange but ended up paying excessive commissions that far exceeded any tax liability and ended up with an over leveraged illiquid asset;

4) Private Placements- Many of these investments have proven to be illiquid, commission laden, and lack material disclosures to the investors;

5) Account Churning- This is where the broker trades excessively in the account with a high velocity generating excessive commissions usually disguised to the investors as “mark ups” or “mark downs”. This is an extra “hidden” commission the investors do not usually realize typically this is coupled with an excessive use of margin; and

6) Overconcentration- This is where a broker recommends a high concentration in one security or one asset class which can result in unnecessary risk, especially if you are at or nearing retirement.

If you are an investor and you feel your stock broker recommended an inappropriate investment or investment strategy that resulted in significant losses, Soreide Law Group offers a free consultation and portfolio analysis to decide if you have legal grounds to pursue a FINRA arbitration. To speak with a lawyer call (888) 760-6552 or (954) 760-6552.

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The Securities and Exchange Commission (SEC) today, January 29th., 2013, on it’s website announced that it has charged a former managing director of Jefferies & Co., Inc. (Jefferies), a New York-based broker-dealer, with making misrepresentations and engaging in misleading conduct while he sold mortgage-backed securities (MBS) in the wake of the financial crisis.

The SEC alleges that Jesse Litvak, a senior trader on Jefferies’ MBS Desk who worked at Jefferies’ office in Stamford, Connecticut, where he bought and sold MBS from and to his customers. From 2009 to 2011, Litvak allegedly lied to, or otherwise misled, those customers about the prices that Jefferies had purchased the MBS before selling it to another customer and the amount of his firm’s compensation for arranging the trades. Litvak also misled his customer into believing that he was arranging a MBS trade between customers, when Litvak really was selling the MBS out of Jefferies’ inventory. Litvak also misled customers about how much money they were paying in compensation to Jefferies. These customers included investment funds established by the United States government in the wake of the financial crisis to help support the market for MBS as well as other investment funds, including hedge funds.

It was also noted in the article on the SEC website that according to the SEC’s complaint filed in U.S. District Court for the District of Connecticut, Litvak engaged in misconduct on over 25 trades. When Litvak offered his customers MBS, he lied to them about how much Jefferies had paid (or was paying) for the securities. On some occasions, Litvak also pretended to be actively negotiating with an outside party to buy a security that he would then re-sell to his customer. But none of these negotiations were taking place; instead, Litvak fabricated the existence of the seller and every detail about active negotiations with it. In fact, as Litvak knew, Jefferies had purchased these bonds days before and already held them in its inventory.

The SEC’s complaint charges Litvak with violating the antifraud provisions of the federal securities laws. The complaint seeks a final judgment permanently enjoining Litvak from future violations of the federal securities laws, ordering him to disgorge his ill-gotten gains plus prejudgment interest, and order him to pay civil penalties.

Securities Lawyer, Lars K. Soreide, of Soreide Law Group, represents clients nationwide before FINRA. If you or a loved one have sustained investment losses due to your stock broker or financial advisor’s recommendations, call for a free consultation on how to potentially recover your losses. To speak with an attorney call 888-760-6552, or visit our website at: http://www.securitieslawyer.com.

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The following information is from FINRA’s website under “Disciplinary and Other FINRA Actions, January, 2013.”

Charles Tuttle Mason aka Chip Mason (CRD #2206257, Registered Principal, St. Pete Beach, Florida)

and Darren Duane Gibson (CRD #2311950, Registered Representative,Oceanside, California)

were each fined $5,000 and suspended from association with any FINRA member in any capacity for three months. Without admitting or denying the allegations, Mason and Gibson consented to the
described sanctions and to the entry of findings that while employed as wholesalers at their member firm, they were responsible for promoting a non-registered entity’s offerings
to retail broker-dealers, through sales presentations and providing marketing materials to registered representatives.

FINRA’s findings stated that Gibson, secured selling agreements from retail broker-dealers, who in turn raised more than $300 million from investors and earned $2,930,000 secured selling agreements from broker-dealers, who in turn raised more than $132 million from investors and earned approximately $1,500,000.

FINRA’s findings also included that Mason and Gibson assisted the retail broker-dealers with product training.

Several of the third-party due diligence reports raised concerns about the accounting of inter-offering transactions and the ability of the offerings to generate sufficient revenue from oil and gas investments. Mason and Gibson, continued to market the offerings without having adequately investigated the subject concerns and determining for themselves whether the offerings were appropriate to be recommended to investors.

Mason’s suspension is in effect from November 19, 2012, through February 18, 2013.

Gibson’s suspension is in effect from November 19, 2012, through February 18, 2013.
(FINRA Case #2011026598101) This ends the information from FINRA’s website.

Securities Lawyer, Lars K. Soreide, of Soreide Law Group, represents clients nationwide before FINRA. If you or a loved one have sustained investment losses due to your stock broker or financial advisor’s recommendations, call for a free consultation on how to potentially recover your losses. To speak with an attorney call 888-760-6552, or visit our website at: http://www.securitieslawyer.com.

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The Financial Industry Regulatory Authority Inc. (FINRA) released its 2013 regulatory and examination priorities letter. The annual letter alerts the broker-dealer community to what Finra examiners will be looking for in the coming year. FINRA will continue to watch yield-oriented products this year but FINRA also will be focusing on business development companies (BDCs), exchange-traded funds (ETFs) and products that use leverage and the use of automated investment advice writes Dan Jamieson in an article for InvestmentNews.com.

FINRA is “particularly concerned about sales practice abuses, yield-chasing behaviors and the potential impact of any market correction, external stress event or market dislocation on market prices,” FINRA said in the letter.

With reference to BDCs, FINRA warned that they have “significant market, credit and liquidity risks” and risk over-leveraging illiquid portfolios with low-cost financing. Leveraged loans are relatively illiquid and hard to value, while CMBS and high-yield often carry higher risks than normal, given their historically low yields, Finra said. High distribution rates on closed-end funds attract investors who may not understand that some of these funds are returning capital, the letter warned.

FINRA’s notice also expressed concern about a “proliferation” of ETFs and ETNs that use leverage or track volatility measures, emerging markets and currencies.

For the first time this year, FINRA examiners will be looking at the use of automated investment advice.

Just because FINRA doesn’t include something in a current letter doesn’t mean examiners won’t be looking into it.

Securities Lawyer, Lars K. Soreide, of Soreide Law Group, who represents clients nationwide before FINRA. For a free consultation with an attorney on how to potentially recover your losses, call 888-760-6552, or visit our website at: http://www.securitieslawyer.com.

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The Securities and Exchange Commission, also known as the ‘SEC,’ has filed 734 enforcement actions the fiscal year that ended Sept. 30, 2012. That is one less than last year’s record of 735.

The SEC’s report should remind investors that investment fraud is still a threat to investors. The SEC filed 147 enforcement actions in 2012 against investment advisors and investment companies, one more than 2011’s record number. The SEC filed 134 enforcement actions related to broker-dealers, a 19% increase over 2011.

On the positive side for investors, the SEC was able to secure more payments for the victims of the fraud. The SEC was able to secure over $3 billion in penalties and disgorgement in 2012 for wronged investors. This is an increase of 11 % over the 2011.

In 2011 and 2012, the SEC obtained orders for $5.9 billion in penalties and disgorgement for the investors who became victims of fraud.

Securities Lawyer, Lars K. Soreide, of Soreide Law Group, represents clients nationwide before FINRA. If you or a loved one have sustained investment losses due to your stock broker or financial advisor’s recommendations, call for a free consultation on how to potentially recover your losses. To speak with an attorney call 888-760-6552, or visit our website at: http://www.securitieslawyer.com.

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