Securities Arbitration Lawyers Blog

DeVere Investment Fraud Victims

June 13, 2018 | Silver Law Group

Recently, there has been an important decision that affects how pension fraud schemes are handled within the United States by the Securities and Exchange Commission. The recent case was filed against DeVere USA, Inc. DeVere USA Inc. has been registered with the Securities and Exchange Commission since June 5, 2013 and is incorporated in the State of Florida with its principal place of business in New York. DeVere USA, Inc.’s most recent report revealed that it has over $500 million in assets under management for its clients. If you have utilized DeVere’s USA Inc.’s services and have experienced losses, it is highly recommended that you speak with an attorney to see your potential legal rights for recovering your losses.

Facts of the Case

A case was filed with the Securities and Exchange Commission due to DeVere USA, Inc.’s failure to make full and fair disclosure to clients and prospective clients about material conflicts of interest regarding external compensation received from third-party product and service providers. DeVere USA Inc. maintains a list of clients from both the U.S. and the U.K. in which it provided investment guidance to its clients about recommended overseas transfers of U.K. pension plans to overseas retirement plans. The way they justified these transfers was that they qualified under the U.K. tax authority’s regulations as a Qualifying Recognised Overseas Pension Scheme (QROPS).

Pension Fund Fraud Recovery Attorneys

June 13, 2018 | Silver Law Group

Bahram-Mirhashemi-Facing-Allegations-of-Elder-Financial-Fraud-300x200 Recently there has been a trend in fraud surrounding various types of pensions. Since individuals can receive extensive incomes annually through various form of pensions, this has attracted misconduct by financial advisors and others frequently in the form of high fees and undisclosed conflicts of interest. It is important for individuals to be aware of the various forms of pension fraud that are occurring in the marketplace today. If you suspect that you have been a victim of any of the pension frauds listed below, it is important to speak with an attorney to see your potential rights of recovery.

Employer Pension Frauds

Employers can commit pension fraud in many different ways. There can be fundamental misrepresentations made about if they have funded pensions, miscalculation of employees’ pension benefits can occur, and they can mismanage pension investments that cause detrimental losses to pension funds. One of the more severe kinds of employer pension fraud that has occurred is when the employer borrows funds from employees’ pension funds to cover losses in the company’s business.

Puerto Rico Bonds Sold by Former Morgan Stanley Broker Angel Aquino

June 13, 2018 | Silver Law Group

We recently wrote about securities arbitration claims our securities attorneys are handling involving former Morgan Stanley broker Angel Aquino, (CRD #2687333), while he was a stockbroker with Morgan Stanley. He resigned from the company in July of 2017 after multiple customer complaints and securities arbitration claims. Current customer disputes filed against Aquino currently add up to nearly $12 million. A new related complaint was filed on May 8, 2018 against Aquino and Morgan Stanley (CRD #149777.) He is not currently registered as a broker, and no current employment information is available. Morgan Stanley continues to be subject to multiple claims relating to its recommendation and sale of Puerto Rico bonds.

The complaints stem from Aquino’s heavy emphasis on investments in Puerto Rico Cofina bonds. These are backed by the island’s sales tax revenue, and have triple-tax-free status. They became a popular investment for Wall Street banks to sell to retirees and other investors, but when things changed, the bonds didn’t pay as much and many advisors allegedly failed to disclose the risks with the bonds. But Aquino continued to sell his customers heavily on Puerto Rico bonds, even while they lost money.

Puerto Rico filed for bankruptcy in May of 2017 for relief of $70 billion in municipal debt. On September 20, 2017, Hurricane Maria swept through the island and destroyed crops, damaged aging infrastructure and flooded the cities. No clear path exists for Puerto Rico to meet its debt obligations.

Even the Rich and Famous Can be Victims of Elder Financial Fraud

June 13, 2018 | Silver Law Group

This is one accusation comic book legend Stan Lee has made against his former manager

The latest proof that elder financial fraud could affect anyone comes courtesy of 95-year-old comic book legend Stan Lee. The creator of such notable characters as Spider-Man, Thor, and the Hulk recently filed a lawsuit against Jerardo Olivarez, his former manager and a former business associate of Lee’s daughter. In addition to fraud and misappropriation of his name and likeness, Lee has accused Olivarez of elder financial abuse.

Lee’s lawsuit – which was filed in April – calls Olivarez one of several “unscrupulous businessmen, sycophants and opportunists” who tried to take advantage of Lee after his wife Joan died in 2017. The suit alleges that shortly after Joan’s death, Olivarez coerced Lee into firing his long-time banker and lawyer and signing power of attorney over to him. He also convinced Lee to hire his own son as Lee’s attorney.

SEC Charges Essex Capital Corporation and Securities Fraud Recidivist Ralph Iannelli in $80 Million Fraud

June 11, 2018 | Silver Law Group

On June 6, 2018, the Securities and Exchange Commission (the “SEC”) charged Essex Capital Corporation and its founder, Ralph Iannelli, with defrauding investors in connection with the sale of over $80 million in promissory notes. Silver Law Group is investigating potential claims against third parties for losses in Essex Capital Corporation.

According to the SEC’s complaint, Iannelli and Essex Capital Corporation induced approximately 70 investors to collectively invest over $80 million dollars in the company’s failing equipment leasing business through two (2) unnamed registered investment advisors. Iannelli and Essex Capital Corporation induced these investors by making false and misleading statements and illusory personal guarantees to these two registered investment advisors.

The first investment advisor, based out of Santa Barbara, California, had been recommending Essex Capital Corporation to its customers since 2002. Between 2015 and 2017, this investment advisor invested over $8.1 million on behalf of over 20 customers in Essex Capital Corporation. According to the SEC complaint, a major reason this investment advisor recommended Essex Capital Corporation customers to invest were due to false financial statements prepared by Essex Capital Corporation’s outside accountant.

NYSE Brings Action Against Edward Wedbush and Wedbush Securities

June 8, 2018 | Silver Law Group

Wedbush Securities is in hot water with the SEC, FINRA, and the New York Stock Exchange for a scheme involving its owner and founder, Edward Wedbush. Mr. Wedbush was allegedly employing a manipulative trading scheme involving over 70 accounts at Wedbush Securities. The trading practice, often referred to as “cherry-picking,” occurs when “traders choose to allocate the best performing trades to their own or preferred accounts.”

According to the NYSE’s complaint, Mr. Wedbush’s scheme involved instructing an employee to execute trades in a general account, and then he would later allocate the trades to various accounts that he controlled. No other employees at the firm were permitted to make these “post-execution allocations.” Mr. Wedbush also executed these trades on a separate trading platform that was not used by other traders at the firm.

The firm allowed Mr. Wedbush to exercise this discretion and had no procedures in place to ensure that the allocations were not made for improper purposes, like steering the more profitable trades into Mr. Wedbush’s controlled accounts. NYSE alleges this lack of supervision violated both SEC and NYSE rules. The firm failed to establish and maintain adequate written supervisory procedures, and failed to retain adequate books and records. The firm’s Co-Chief Compliance Officer even raised concerns over Mr. Wedbush’s trading activity, yet the firm still “took no meaningful action.”

Silver Law Group is Investigating Timary Delorme of Wedbush Morgan Securities

June 8, 2018 | Silver Law Group

Timary Delorme (CRD #736418) was the subject of a March 2018 regulatory action by the Securities & Exchange Commission. Delorme was employed at the Los Angeles branch of Wedbush Morgan for over 40 years.

In the recent regulatory action, the SEC found that Delorme violated federal securities laws stemming from her involvement in a manipulative trading scheme at Wedbush Morgan. The SEC ordered Delorme to cease and desist from further violating any more federal securities laws as well as barred her from association with any securities broker or investment adviser.

Delorme has also been the subject of a recent FINRA customer dispute alleging $250,000 in damages. In the pending dispute, the Claimant alleges fraud, breach of fiduciary duty, and breach of contract on the part of Delorme. In a past dispute from 2012, a Claimant alleged that Delorme engaged in fraud, deceit, material misrepresentation, and extortion, among other claims, in connection with the Claimant’s account. The Claimant alleged $750,000 in damages as a result of Delorme’s misconduct.

Silver Law Group is Investigating Wedbush Securities, Inc.

June 8, 2018 | Silver Law Group

Wedbush Securities, Inc. (CRD # 877) is a financial services and investment firm based out of Los Angeles, California. Wedbush currently has three pending regulatory actions against the firm.

One such action was initiated by the Securities & Exchange Commission in March 2018. The SEC alleges that Wedbush failed to reasonably supervise one of its registered representatives who engaged in manipulative trading for several years. The SEC also alleges that the firm learned of the representative’s activity, but did not have the systems in place to properly investigate it. Specifically, the firm received an email detailing the representative’s role in the fraudulent activity and was aware of multiple customer complaints brought against her, among other red flags alerting Wedbush to her conduct.

The New York Stock Exchange also has a pending action against Wedbush initiated in 2017. The NYSE claims that Wedbush failed to supervise the trading activities of its president. FINRA rules require member firms to create and maintain a system “that is reasonably designed to achieve compliance with applicable securities laws and regulations.” FINRA also requires that its members refrain from engaging in fraudulent or deceptive practices with their customers.

What is a Securities Pump and Dump Scheme?

June 8, 2018 | Silver Law Group

A pump and dump scheme is a method used by fraudsters to artificially boost the price of a security that they own shares of in order to make a profit. According to the Securities & Exchange Commission, pump and dump schemes consist of two parts. First, stock promoters will try to boost the stock price by sharing misleading or false statements about the underlying company’s performance. The promoters may use several methods to spread this false information, including cold calling, emailing, and social media. The promoters may claim to have inside information on the company, and will often encourage their followers to quickly purchase shares of the stock.

Then, once the stock price is inflated by this false information, the promoter will put his own shares of stock on the market, selling them at an artificially high price. This harms investors purchasing these shares because they now hold stock that may drop drastically in price once it is revealed that the information is false.

Engaging in a pump and dump scheme is a violation of both FINRA rules and federal securities laws. FINRA requires that its members refrain from engaging in fraudulent or deceptive practices. FINRA also requires its members to “observe high standards of commercial honor and just and equitable principles of trade.”

FINRA’s Failure to Supervise Rule

June 8, 2018 | Silver Law Group

Financial Industry Regulatory Authority (“FINRA”) is the non-governmental organization that regulates stockbrokers and brokerage firms. FINRA rules set out the appropriate conduct for its members. This includes several rules detailing member firms’ requirement to supervise their brokers and advisers.

FINRA Rule 3110 is the main rule discussing supervision. It requires firms to “establish and maintain a system to supervise the activities of each associated person that is reasonably designed to achieve compliance” with both FINRA rules and state or federal securities laws. FINRA requires these procedures to be in written form. A copy of the procedures must be kept in every location where supervisory activities are conducted.

Once a brokerage firm establishes a supervisory system, it must routinely check that the system works properly. To ensure this, FINRA requires firms to assign a qualified principal to each registered person at the firm. The principal is responsible for supervising the registered person’s actions.