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Articles Posted in Stockbroker Misconduct

Stockbrokers should not borrow money from their clients. That’s according to FINRA Rule 3240, which states that unless the stockbroker is an immediate family member or their firm has specific written procedures about borrowing and lending, then borrowing from a customer constitutes a violation. Silver Law Group helps investors recover money lost to stockbroker misconduct and elder financial fraud. Contact us today for a no-cost, confidential consultation at 1-800-975-4345.   Although prohibited, stockbrokers do still borrow and misappropriate from their customers. Sometimes it is from an older client who does not understand what is happening or cannot consent, which can be considered elder financial fraud.Stockbrokers should not borrow money from their clients. That’s according to FINRA Rule 3240, which states that unless the stockbroker is an immediate family member or their firm has specific written procedures about borrowing and lending, then borrowing from a customer constitutes a violation.

Silver Law Group helps investors recover money lost to stockbroker misconduct and elder financial fraud. Contact us today for a no-cost, confidential consultation at 1-800-975-4345.  

Although prohibited, stockbrokers do still borrow and misappropriate from their customers. Sometimes it is from an older client who does not understand what is happening or cannot consent, which can be considered elder financial fraud. Continue reading ›

Timothy Johnson (Timothy Edward Johnson, Jr. CRD #5701828) is a former registered broker and investment advisor whose last employer was MML Investors Services, LLC (CRD# 10409) of Lawrenceville, GA. Previous employers include Suntrust Investment Services, Inc. (CRD# 17499) of Atlanta, GA, and PNC Investments (CRD#:129052) of Suwanee, GA. He has been in the industry since 2009. Johnson was discharged from MML Investors Services on 7/8/2019 after an investigation was launched after allegations of diverting client funds for his own personal use. As diversion sounds like a fancy legal term, it can simply be interpreted as stole or took money that does not belong to him. Unfortunately, claims of stockbroker diversion or improperly taking customer funds is a major problem in the securities industry. Stockbrokers, financial advisors and others know their customers financial situation and can easily discover who can be convinced to give the financial advisor improper access to an account or otherwise convince a client to transfer money that does not belong to the broker.Timothy Johnson (Timothy Edward Johnson, Jr. CRD #5701828) is a former registered broker and investment advisor whose last employer was MML Investors Services, LLC (CRD# 10409) of Lawrenceville, GA. Previous employers include Suntrust Investment Services, Inc. (CRD# 17499) of Atlanta, GA, and PNC Investments (CRD#:129052) of Suwanee, GA. He has been in the industry since 2009.

Johnson was discharged from MML Investors Services on 7/8/2019 after an investigation was launched after allegations of diverting client funds for his own personal use. As diversion sounds like a fancy legal term, it can simply be interpreted as stole or took money that does not belong to him. Unfortunately, claims of stockbroker diversion or improperly taking customer funds is a major problem in the securities industry. Stockbrokers, financial advisors and others know their customers financial situation and can easily discover who can be convinced to give the financial advisor improper access to an account or otherwise convince a client to transfer money that does not belong to the broker. Continue reading ›

Stephen Fry (Stephen Douglas Fry CRD: 2928258) is a former registered broker and investment advisor whose last known employer was Woodbury Financial Services, Inc. (CRD#:421) of Germantown, TN. His previous employer was H.D. Vest Investment Services (CRD#:13686) of Cordoba, TN. He has been in the industry since 1998. As a financial advisor with Woodbury Financial Services, Fry was able to operate as Fry Financial Services in Germantown, Tennessee. This business model is frequently used by independent contractors or others affiliated with small or regional brokerage firms. However, Woodbury remains responsible for the acts of their financial advisors or stockbrokers and are required to maintain a supervisory system and to comply with FINRA rules and regulations.Stephen Fry (Stephen Douglas Fry CRD: 2928258) is a former registered broker and investment advisor whose last known employer was Woodbury Financial Services, Inc. (CRD#:421) of Germantown, TN. His previous employer was H.D. Vest Investment Services (CRD#:13686) of Cordoba, TN. He has been in the industry since 1998.

As a financial advisor with Woodbury Financial Services, Fry was able to operate as Fry Financial Services in Germantown, Tennessee. This business model is frequently used by independent contractors or others affiliated with small or regional brokerage firms. However, Woodbury remains responsible for the acts of their financial advisors or stockbrokers and are required to maintain a supervisory system and to comply with FINRA rules and regulations. Continue reading ›

Hugh Barndollar (Hugh Ordway Barndollar III, CRD #3027317, aka “Hobby Barndollar”) is a former registered broker and currently registered investment advisor last employed by Crown Capital Securities, L.P. (CRD#: 6312) of Land O’Lakes, FL. Barndollar was employed with Crown Capital until he voluntarily resigned on December 31, 2021.  His previous employers include Newport Coast Securities, Inc. (CRD# 16944, expelled by FINRA, 6/25/2018) of Odessa, FL, J.P. Turner & Company, L.L.C. (CRD# 43177) of New Port Richey, FL, and Calton & Associates, INC. (CRD# 20999) of Ocala, FL. He has been in the industry since 1998. While at Crown Capital, Barndollar also served as an investment advisor representative (IAR) through a registered investment advisory firm (RIA) providing asset management services. In this capacity he recommended and facilitated investments in ten private offerings for alternative investments.  He participated in 28 unapproved private securities transactions for 18 clients totaling $1,418,108.00. Of the 18, 12 were also customers of Crown Capital.  Although Barndollar notified Crown Capital of his outside business activity, he did not notify the firm with prior written notice of the alternative investment private placements. He also failed to obtain the firm’s written authorization to participate in accordance with Crown Capital’s written policy.  Barndollar also falsely claimed on his yearly compliance questionnaires from 2018 through 2021 that he had not participated in any private security transactions without notifying the firm and receiving authorization. In May of 2020, Crown Capital put Barndollar on heightened supervision, which included a prohibition on selling alternative investments. He sold them anyway, participating in 13 transactions worth $742,048.  Barndollar’s Unhappy Customers From 2010 through 2021, eight of his customers initiated new customer disputes leading to multiple FINRA arbitrations against Barndollar.  1.	In a claim filed on 4/14/2021, a client alleged that Barndollar exhibited a “lack of suitability and failure to conduct proper due diligence in regards to the purchase of alternative investments.” This claim was settled for $35,000.   2.	A claim filed on 8/28/2020 had similar allegations of “lack of suitability, negligence, misrepresentations and omissions of material facts in regards to transactions in nontraditional, alternative and/or non-traded REIT investments.” This claim was settled for $25,000.  3.	A claim filed on 8/11/2020 included complaints of “lack [of] suitability, negligence and misrepresentations and omissions of material facts in regards to transactions in alternative and variable annuity investments.” This claim is “pending,” and no financial damages are listed. Barndollar indicates a personal relationship with the now-deceased client, and that the decedent’s children have filed the dispute.    4.	A second claim filed on 8/11/2020 had the same allegations as the above but was settled for $82,500. No additional information is available.   5.	The next dispute, filed on 7/23/2020, alleges “lack adequate due diligence, negligence and misrepresentations and omissions of material facts in regards to transactions in a non-traded REIT.” This claim was settled for $36,000.   6.	A dispute filed on 6/9/2020 included allegations of “lack of due proper due diligence, breach of fiduciary duty and suitability obligations as it relates to the purchase of illiquid alternative investments.”  The client requested damages of $125,000, and the claim was settled for $45,000, with Barndollar commenting that the firm settled to avoid litigation.   7.	A client filed a dispute on 5/13/2020 alleging that they were sold alternative investments that underperformed, and the claim was settled for $160,000.   8.	A client dispute filed on 4/9/2020 included allegations of unsuitability, lack of proper due diligence, and breach of contract regarding two alternative investments that the client purchased in April of 2018. The client requests damages in the amount of $100,100.00. Barndollar refutes the claim, stating that he acted only in a supervisory position. The claim was settled for $37,500 and is now closed.   9.	In a prior dispute filed on 7/18/2019, a client alleged negligence in supervision by Crown Capital and failing to do adequate due diligence, negligence in account handling and recommendation of investments and breach of fiduciary duty. The client requested damages of $100,000, and the claim was settled for $30,000.   10.	Similar allegations were listed in a third disclosure from 2010 while Barndollar was employed with Newport Coast Securities before it was expelled by FINRA. In it, Barndollar was one of four respondents who were involved in the claim regarding the sale of unregistered securities, which resulted in a FINRA arbitration hearing. The clients requested damages in the amount of $124,800.00, and were awarded $47,500.00. Our attorneys are currently arbitrating claims relating to GPB and other illiquid investments for claims relating to unsuitability, overconcentration, and failure to disclose the risks of these types of investments. Many clients allege that they didn’t understand the risk of these complex illiquid investments and are stuck holding these products. These types of investments can have substantial upfront fees or costs and investors may not be fairly compensated for the risk of holding these types of products. Have You Invested With Hugh Barndollar? Scott Silver and the securities and investment fraud lawyers at Silver Law Group represents investors in The Villages and surrounding areas on a regular basis. We can meet with you at your home, online or by phone to discuss the specific facts of your case. We appreciate the unique circumstances of many investors in the Villages area and understand that many investors are retired and were seeking safe investments that provided for income. 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 are handled on a contingent fee basis, meaning that you won’t owe us until we recover your money for you. Contact us today and let us know how we can help.

Hugh Barndollar (Hugh Ordway Barndollar III, CRD #3027317, aka “Hobby Barndollar”) is a former registered broker and currently registered investment advisor last employed by Crown Capital Securities, L.P. (CRD#: 6312) of Land O’Lakes, FL. Barndollar was employed with Crown Capital until he voluntarily resigned on December 31, 2021. Continue reading ›

Kevin Rainwater (CRD:#3098443) is a currently registered broker and investment advisor currently employed with Arkadios Capital (CRD#: 282710) of Atlanta, GA, since 2017. He was previously employed with Stancorp Equities, Inc. (CRD#:19517), also of Atlanta, and with Manequity, Inc. (CRD#:5249), of Boston, MA.  He has been in the industry since 1998. Rainwater is the subject of four customer disputes: one filed on 4/26/2019, 2/7/2020 for $100,000, and two filed on 3/8/2020 for $125,000 and $650,000. Allegations include unauthorized trading and unsuitable product recommendations. Rainwater denies the allegations. These disputes are currently marked as “pending.”Kevin Rainwater (Kevin Lamar Rainwater CRD#3098443) is a currently registered broker and investment advisor currently employed with Arkadios Capital (CRD#: 282710) of Atlanta, GA, since 2017. He was previously employed with Stancorp Equities, Inc. (CRD#:19517), also of Atlanta, and with Manequity, Inc. (CRD#:5249), of Boston, MA. He has been in the industry since 1998.

Rainwater is the subject of four customer disputes: one filed on 4/26/2019, 2/7/2020 for $100,000, and two filed on 3/8/2020 for $125,000 and $650,000. Allegations include unauthorized trading and unsuitable product recommendations. Rainwater denies the allegations. These disputes are currently marked as “pending.” Continue reading ›

John Wyshak (John Charles Wyshak CRD: #1272260) is a former registered broker and investment advisor. His last known employer was Raymond James & Associates, Inc. (CRD#:705) of Los Angeles, CA. His previous employers include Wedbush Securities Inc. (CRD#:877), also of Los Angeles, Ryan, Beck & Co., LLC. (CRD#:3248) of Florham Park, NJ, and Gruntal & Co., L.L.C. (CRD#:372), of New York, NY. He has been in the industry since 1984. A customer dispute filed on 01/29/2018 alleged that Wyshak engaged in actions such as fraud, breach of contract, conversion, churning, fraudulent concealment, and other industry violations from 10/2014 through 11/2017. The two clients requested damages of $1,023,460.00, and his employer, Raymond James & Associates, settled the case for $700,000.John Wyshak (John Charles Wyshak CRD: #1272260) is a former registered broker and investment advisor. His last known employer was Raymond James & Associates, Inc. (CRD#:705) of Los Angeles, CA. His previous employers include Wedbush Securities Inc. (CRD#:877), also of Los Angeles, Ryan, Beck & Co., LLC. (CRD#:3248) of Florham Park, NJ, and Gruntal & Co., L.L.C. (CRD#:372), of New York, NY. He has been in the industry since 1984. Continue reading ›

Jeremy Rosen (Jeremy Seth Rosen CRD# 5513416) is a broker currently registered with Nationwide Planning Associates, Inc. (CRD# 31029) in Easton, Pennsylvania.  Jeremy Rosen has multiple customer disputes alleging unsuitable investments. In the securities industry since 2008, he was previously registered with Berthel, Fisher & Company Financial Services, Inc. (CRD# 13609) and Planned Financial Programs, Inc. (CRD# 3049).Jeremy Rosen (Jeremy Seth Rosen CRD# 5513416) is a broker currently registered with Nationwide Planning Associates, Inc. (CRD# 31029) in Easton, Pennsylvania.

Jeremy Rosen has multiple customer disputes alleging unsuitable investments. In the securities industry since 2008, he was previously registered with Berthel, Fisher & Company Financial Services, Inc. (CRD# 13609) and Planned Financial Programs, Inc. (CRD# 3049). Continue reading ›

Mark Cline (Mark Alan Cline CRD #3206962) is a currently registered broker currently employed with National Securities Corporation (CRD#: 7569) of Wildwood, FL, employed since 2014. His previous employers include Great Nation Investment Corporation (CRD#19981), United Equity Securities, LLC (CRD#47261), and CCF Investments, Inc. (CRD# 136571), all of Fort Lauderdale, FL. Cline has a total of twelve state licenses and two SRO licenses. He has been in the industry since 1999. From 12/11/2019 through 12/31/2019, a total of twelve customer disputes were filed against Cline alleging “suitability.” No other information is currently available on any of these disputes. There is no indication as to whether these disputes were for one client or multiple clients.

Mark Cline (Mark Alan Cline CRD: #3206962) is a currently registered broker currently employed with National Securities Corporation (CRD#: 7569) of Wildwood, FL, employed since 2014. His previous employers include Great Nation Investment Corporation (CRD#:19981), United Equity Securities, LLC (CRD#:47261), and CCF Investments, Inc. (CRD#:136571), all of Fort Lauderdale, FL. Cline has a total of twelve state licenses and two SRO licenses. He has been in the industry since 1999. Continue reading ›

David Del Rio (aka “Chico Del Rio”, CRD: #4771963) is a former registered broker and investment advisor whose last known employer was LPL Financial LLC (CRD#:6413) of San Diego, CA. Previous employers include Suntrust Investment Services, Inc. (CRD#:17499) of Fort Meyers, FL, LPL Financial LLC (CRD#:6413) of Bellmore, NY, and IFMG Securities, Inc. (CRD#:14416) of Naples, FL. He has been in the industry since 2008. On 9/13/2018, a Probable Cause Affidavit was filed in Palm Beach County Circuit Criminal Court in the State of Florida, leading to an investigation of allegations against Del Rio for: 2 counts felony Exploitation of the Elderly 2 counts felony Money Laundering $100K or more 1 count felony Organized Scheme to Defraud 50K or more 6 counts Fraudulent Use of Personal ID over $5K 1 count Fraudulent Use of Personal ID over $50K 10 counts felony Grand Theft 65 or older $10K or more 6 counts felony Grand Theft 65 or older $50K or moreDavid Del Rio (aka “Chico Del Rio”, CRD: #4771963) is a former registered broker and investment advisor whose last known employer was LPL Financial LLC (CRD#:6413) of San Diego, CA. Previous employers include Suntrust Investment Services, Inc. (CRD#:17499) of Fort Meyers, FL, LPL Financial LLC (CRD#:6413) of Bellmore, NY, and IFMG Securities, Inc. (CRD#:14416) of Naples, FL. He has been in the industry since 2008.

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On February 12, 2020, the Financial Industry Regulatory Authority (“FINRA”) permanently barred Ronald Hannes (Ronald Walter Hannes CRD# 1452241) from associating with any FINRA member in any capacity for refusing to cooperate with FINRA officials during their investigation of him for conversion of consumer funds. Hannes operated out of Hannes Financial Services Inc in Spokane Washingon. Letter of Acceptance Waiver and Consent No. 2019064915301 (Feb. 13, 2020). Hannes was previously registered with Woodbury Financial Services Inc. in Spokane, Washington from 1994-2019. Prompting FINRA’s investigation was a Uniform Termination Notice for Securities Industry Registration (U5) which was filed on December 18, 2019. According the AWC, “. . .[b]y Uniform Termination Notice for Securities Industry Registration (Form U5) dated December 18, 2019, Woodbury terminated Hannes' association with the Firm and disclosed that the Firm ‘received notice from a client that funds were paid to [Hannes] for purchase of a life insurance contract that were not forwarded to the life insurance company.’” Id.On February 12, 2020, the Financial Industry Regulatory Authority (“FINRA”) permanently barred Ronald Hannes (Ronald Walter Hannes CRD# 1452241) from associating with any FINRA member in any capacity for refusing to cooperate with FINRA officials during their investigation of him for conversion of consumer funds. Hannes operated out of Hannes Financial Services Inc in Spokane Washingon. Letter of Acceptance Waiver and Consent No. 2019064915301 (Feb. 13, 2020). Hannes was previously registered with Woodbury Financial Services Inc. in Spokane, Washington from 1994-2019.

Prompting FINRA’s investigation was a Uniform Termination Notice for Securities Industry Registration (U5) which was filed on December 18, 2019. According the AWC, “. . .[b]y Uniform Termination Notice for Securities Industry Registration (Form U5) dated December 18, 2019, Woodbury terminated Hannes’ association with the Firm and disclosed that the Firm ‘received notice from a client that funds were paid to [Hannes] for purchase of a life insurance contract that were not forwarded to the life insurance company.’Id. Continue reading ›

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