A National Securities Arbitration & Investment Fraud Law Firm

$70 MILLION Recovery for Investment Fraud
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$25 MILLION Recovery Against National Brokerage Firm
$9.1 MILLION FINRA Arbitration Award Against Brokerage Firm
$7.9 MILLION Securities Arbitration Award Against Stockbroker
$1 MILLION Securities Arbitration Award for Elder Financial Fraud
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Public Justice

Silver Law Group is investigating former Sagepoint Financial, Inc. (CRD# 133763) broker Gary E. Donovan (CRD# 866235) after FINRA permanently barred Donovan for placing limit buy orders for an illiquid OTC security MIXX.

In May 2016, FINRA permanently barred Donovan after he placed 180 buy orders for Mix 1 Life, Inc. (“MIXX”), an illiquid security traded on the OTC Markets, in 90 customer accounts according to the Acceptance, Waiver & Consent (“AWC”) entered into with FINRA.  Donovan also placed buy orders in two other accounts owned by himself and his immediate family members, according to the AWC.

According to the AWC, Donovan made the purchases at a stock promoter’s direction.  Donovan, according to the AWC, placed 100 limit orders that were matched in amount and price with recently-placed sell limit orders.  Donovan’s limit orders were frequently priced above the market and/or inside ask price for MIXX, according to the AWC, and the orders had the effect of stabilizing the price of MIXX at around $6.00 per share.

Silver Law Group is investigating recently-FINRA-barred former Janney Montgomery Scott LLC (CRD# 463) broker David A. Seigerman (CRD# 2200011).

FINRA permanently barred Seigerman after he failed to respond to a FINRA request for information.  The FINRA bar follows a suspension the regulatory body levied on Seigerman in April 2016 for failing 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.

Seigerman, based out of New Jersey, has a total of seven disclosures on his FINRA BrokerCheck report, including the two regulatory proceedings noted above.  He currently has one FINRA arbitration pending that alleges failure to follow instruction and breach of fiduciary duty, among other things.  The FINRA arbitration alleges damages in the amount of over $350,000.  Additionally, another FINRA arbitration settled in September 2010 for $43,000 that alleged unauthorized trading.

Silver Law Group has filed a claim against Citigroup Global Markets Inc. (CRD# 7059) broker Charlie Yeung (CRD# 2785343) for unsuitably recommending and overconcentrating our client in Alpha Natural Resources.

Our client doesn’t speak English and felt comfortable with Yeung because he could speak her native language.  Yeung proceeded to invest heavily in Alpha Natural Resources, an oil and gas company that has declined precipitously over the last three years and declared bankruptcy in 2015.

Our client is older, retired, and had a conservative risk profile, yet Yeung proceeded to overconcentrate our client’s money in the risky oil, gas and energy sector.  Consequentially, our client lost a majority of the investment and the value of her account.

According to published reports that have been confirmed by a member of the Board of Governors of the Financial Industry Regulatory Authority (FINRA), FINRA is undertaking closed-doors discussions focused on establishing a relief fund that would be used to pay otherwise unpaid FINRA arbitration awards.  Such a fund would endeavor to partially solve the problem of investors who obtain arbitration awards against FINRA member firms and brokers, only to find it impossible to collect on those victories.  Statistics show that in the most recent year for which data is available, a total of $62 million in awards — approximately one-third of all awards rendered by FINRA arbitration panels — went unpaid.  Typically, arbitration awards go unpaid after brokerages and financial advisors declare bankruptcy or are otherwise insolvent, thus rendering hollow the awards entered against them in favor of aggrieved claimants.

Under one plan that has been proposed, FINRA members would pay dues annually into a designated pool (approximately $100 per broker) to help compensate claimants who hold victorious, but uncollectible, arbitration awards.  Such a pool would be created and maintained based on the average sum of unpaid claims over the previous five years.  All of the money in the fund would be paid out annually.

If FINRA were to establish such a recovery fund, many claimants for whom compensation is currently unattainable would find a viable source of reparation from bankrupt firms and brokers.  In addition, the existence of such a fund is expected to bolster investors’ confidence in the arbitration process, as it would prevent the substandard acts of certain FINRA members from going unchecked and would prevent the arbitration process from being a financially fruitless effort for those investors harmed by judgment-proof firms and brokers.

Failure to Comply with FINRA Request Terminates Broker Lance Shaw’s Securities Industry Career on silverlaw.com

Allegations against the former Orlando broker include unauthorized trading and misrepresentation, among others.

Lance Shaw performed as a broker in the securities industry over the span of 15 years, however, in May 2016, the Financial Industry Regulatory Authority (FINRA) permanently barred him from acting as a broker or otherwise associating with firms that sell securities to the public.

Over the course of a FINRA investigation into Shaw’s performance in the financial industry, the broker – most recently employed by International Assets Advisory LLC in Orlando, FL – failed to respond to the agency’s request for information. In eight customer disputes, allegations against Shaw included unauthorized trading, improper and excessive trading (otherwise known as churning, an activity that inflates broker commissions), mismanagement, unsuitability, and misrepresentation. Damages requested in these disputes exceed over $600,000.

Are (or Were) Unsuitable Non-Traded REITs in Your Portfolio? on silverlaw.com

Learn the details about this vehicle, and why it may be an unsuitable investment

REITs, or real estate investment trusts, are companies that own real estate-related assets. These may include office parks, hotels, homes, or even related debt like mortgages. REITs are an attractive investment because they can often provide a steady stream of income to investors, as the IRS mandates that they distribute at least 90% of their taxable income to shareholders.

Most REITs are publicly registered and publicly traded on major stock exchanges – however, some are not publically traded. These non-exchange traded REITs are usually managed by a private investment manager, and they can be much riskier than their tradable cousins.

FINRA Permanently Bars Gary Eugene Donovan for Stock Manipulation on silverlaw.com

Donovan was also discharged from SagePoint Financial in Newark, OH

The Financial Industry Regulatory Authority (FINRA) has permanently barred broker Gary Eugene Donovan from acting as a broker or otherwise associating with firms that sell securities to the public. Up until early 2016, Donovan worked as a broker for a number of brokerage firms around the U.S., most recently SagePoint Financial, Inc. in Newark, OH from October 2005 to January 2016.

Donovan was discharged from SagePoint when it was determined by the firm that he had failed to follow their policies covering the interaction of brokers and stock promoters, as well as the sale of unlisted securities relating to Mix 1 Life, Inc. (OTC: MIXX).

FINRA Suspended Broker Edward R. Segur on silverlaw.com

Allegations against the New York broker include placing orders without a customer’s consent

According to the Financial Industry Regulatory Authority (FINRA), New York broker Edward R. Segur III is alleged to have opened and traded funds in an outside account opened in his wife’s name, in violation of his firm’s written supervisory procedures (WSPs), and to have accepted orders from a customer’s husband without the customer’s consent. Segur was suspended for 30 days, which ended on July 19th, 2016.

Segur currently works at Fordham Financial Management, Inc., where he has been registered since April 2015. Previously, he was employed at Four Points Capital Partners (Nov. to May 2015), Blackwell Capital Markets, Inc. (Oct. 2012 to Nov. 2013), and Rockwell Global Capital, LLC (Apr. 2012 to Oct. 2012), all in New York, among many other prior firms.

Wells Fargo Broker Wonnie Lynn Short Permanently Barred by FINRA on silverlaw.com

Allegations against the Nashville broker include failure, as executor of client’s estate, to provide a charitable foundation with its due proceeds

The Financial Industry Regulatory Authority (FINRA) has barred Wonnie Short permanently from acting as a broker or otherwise associating with firms that sell securities to the public. While registered with Wells Fargo in Nashville, TN, Short is reported to have been named executor of a client’s estate. In fact, according to FINRA, Short was to receive two-fifths of the client’s residuary estate.

However, according the same FINRA report, Short’s client designated that 90% of her annuity – valued at the time of her death at $102,000 – would go to a local charitable foundation, and the remaining 10% would go to her estate. As the executor of the estate, Short allegedly received full payment from the annuity, yet did not ensure that the charitable foundation received its portion, valued at approximately $92,000.

According to FINRA Disciplinary actions for October 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
  George William Carris   John Carris Investments LLC
  Brockington Securities, Inc.
  Michael Kevin Clark
  Jason Robert Diaz   Joseph Stone Capital LLC
  Garden State Securities, Inc.
  Gregory Flemming Jr.   Salomon Whitney Financial
  Rockwell Global Capital LLC
  Christopher John Gimblet   SWBC Investment Services, LLC
  Halen Capital
  David Alan Lavine   UBS Financial Services Inc.
  Morgan Stanley Smith Barney
  Derek Lee Miller   Securities America, Inc.
  Cambridge Investment Research, Inc.
  Steven Nelson
  Hector Perez   Rockwell Global Capital LLC
  Global Arena Capital Corp
  Naseem Mohammed Salamah   Ninepoint Advisors
  Morgan Stanley Smith Barney
  Wesley Wayne Shaw   Wells Fargo Advisors, LLC
  Edward Jones
  Lance E. Slater   Morgan Stanley Smith Barney
  UBS Financial Services Inc.
  Scott Paul Strochak   Morgan Stanley Smith Barney
  Merrill Lynch, Pierce, Fenner & Smith, 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.

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