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Articles Tagged with Securities Arbitration

Peter Gerhard Klaas (CRD #2381681) is a former broker and investment advisor, and was employed at El Segundo, CA-based Cetera Advisor Networks since 05/2017. Klaas was previously employed with Allegis Investment Services (05/2014-03/2017,) Signator Financial Services (04/2011-06/2014), and LPL Financial (09-2007-05/2011.) No current employment information is available.

David-Levy-of-Titus-Rockefeller-LLC-Permanently-Barred-from-Broker-Activity-After-Long-Career-of-Suspicious-Activity-300x200The Colorado Division of Securities is currently investigating broker Klaas along with broker Heath Bowen (CRD #4824684) for putting advisory clients in high-risk and complex option trades that these clients didn’t understand. CDS is not requesting monetary damages in this pending investigation, but is asking for the revocation of Klaas’ licensure. This investigation began while Klaas was employed with Allegis.

Cetera notified Klaas that he was subject to disqualification stemming from the Consent Cease and Desist Order dated March 12, 2018 filed by the Securities Commissioner of Colorado. On 4/18/2018, Klaas resigned from Centera.

Broker Charles Ernest Kenahan (CRD #1351974) is a broker with Merrill Lynch, Pierce, Fenner & Smith Incorporated (CRD #7691) of Boston, MA, registered since 12/7/2007. Previous employers include Morgan Stanley & Co., Incorporated (CRD #8209) and Morgan Stanley DW Inc. (CRD #7556) of Boston, MA, Smith Barney Inc. (CRD #7059) and Bear, Stearns & Co. Inc. (CRD #79), both of New York City, and Thomson McKinnon Securities Inc. (CRD #829). He has been in the industry since 1985.

Boca-Raton-Financial-Advisor-Robert-Child-Faces-Yet-Another-Customer-Dispute-300x199Kenahan is the subject of three customer disputes in 2018, with the same allegations of excessive trading, unsuitable investments and misrepresentation. The disputes were filed on 05/03/2018, 03/13/2018 and 02/02/2018. The collective timespan of these allegations is December 2007 until 2018. One client is requesting damages, in the amount of $700,000. These are the only disclosures in Kenahan’s 33-year career. He has no disciplinary actions or other disclosures.

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.  Most cases handled on a contingent fee basis. This means that you won’t pay legal fees unless we are successful. Call us toll free at 800-975-4345, or use our online contact form to get in touch.

Brian John Hussey, Jr., (CRD #4640067) is a registered broker and investment advisor who is currently suspended by FINRA. His last (and only employer) is Ameriprise Financial Services, Inc. (CRD #6363) of Tampa, FL. He has been in the industry since 2008.

Hussey’s suspension stems from a customer complaint on 9/23/2016 that he recommended unsuitable investments to a customer. The customer, who was also an administrative employee of Ameriprise, requested damages of $88,728.00. The firm settled for $67,019.24.

The customer alleges that Hussey unsuitably recommended that she liquidate two IRAs that she held which was the largest part of her liquid net worth, and invest in penny stocks focused on commercial marijuana. This was inconsistent with the client’s investment “growth” goals for both IRAs. The client lost most of her investments in these speculative securities.

FINRA-300x202Our firm has won a $1.5 million award against a Texas-based brokerage firm that sold private placements in an oil and gas business venture to our client. The award included a significant million dollars in punitive damages. Silver Law Group continues to represent other investors in failed private placements or Reg D offerings.

Our Client Loses a Significant Amount of Money in an Oil and Gas Private Placement

According to the FINRA statement of claim, a broker of the Texas-based brokerage firm first met with our client and convinced him to fly to Texas for the investment pitch. Our client then met with the CEO of the brokerage firm and pitched the investment to our client. The investment proceeds would allegedly by used to drill oil wells for oil production.  The CEO of the brokerage firm promised great returns on the investment within six months. Our client was convinced and invested approximately $521,000 – almost all of his life savings.

Oscar Francis (CRD #5094722) is a former registered broker and investment advisor last employed with MML Investors Services, LLC (CRD #10409) of Fort Lauderdale, FL. He was previously employed by AXA Advisors, LLC (CRD #6627), also of Fort Lauderdale, and Raymond James & Associates, Inc. (CRD #705) of Boca Raton, FL. No current employment information is available. He began working in the industry in 2006.

Former-New-York-Life-Broker-Jonathan-Williams-Barred-by-FINRA-as-a-Result-of-Outside-Business-Activities-300x200Francis is the subject of two investigations stemming from the termination of his employment at MML. The company discharged him on 05/31/2017 “in connection with an investigation into an undisclosed outside business activity, potential selling away and an unauthorized non-securities life insurance transaction.”  The first investigation was initiated on 04/21/2017 by the US Department of Justice, for allegations of selling away and outside business activities.

The second investigation was initiated on 10/23/2017 by the Department of Financial Services, State of Florida, regarding Francis’ termination for cause. No additional information is available.

Former broker Sean Aaron Brady (CRD #4365173) has been barred by FINRA after multiple customer complaints and he was discharged by his employer. Brady was last employed by First Allied Securities, Inc. (CRD #32444) of St. Louis, MO, discharged on 10/20/2017. He was previously employed by FFP Securities, Inc. (CRD #16337), also of St. Louis, from 03/23/2001 through 05/30/2008. No current employment information is available.

Brady is the subject of six customer disputes, which share similar allegations:

  • Misrepresentation of net worth

South-Florida-Broker-Brian-Michael-Berger-Permanently-Barred-by-FINRA-300x200-300x200William George Brunner (CRD #2610348) is a former registered broker and investment advisor. His last employer was Investment Planners, Inc. (CRD #18557) of Huntington, NY.  He was previously employed with First Midwest Securities, Inc. (CRD #21786) and Pointe Capital, Inc. (CRD #112097), also of Huntington. He resigned from Investment Planners on 05/31/2017, and has not been registered with any FINRA-affiliated broker since. No current employment information is available. Brunner joined the industry in 1995.

FINRA recently began an investigation into allegations that Brunner was engaging in excessive trading, and “use of discretion without written authorization in customer accounts” while he was a registered broker. He was requested to give on-the-record testimony in regard to the investigation, and declined to do so. Brunner was indefinitely barred from affiliation with any FINRA broker, effective 04/06/2018.

The investigation stems from a customer complaint to Investment Planners on 05/10/2018 that alleged “suitability, discretion, client unaware of amount of fees paid, client did not receive statements and did not sign active trading letters (client did not allege RR signed letters). Mar 2015 – Feb 2017.”  The customer requested damages in the amount of $1,000,000. The firm requested phone records and a written response from Brunner, and he resigned on 05/12/2018. The dispute is still listed as “pending.”

In June, we told you about Matthew Evan Eckstein (CRD #2997245), who was a previously registered broker with Sisk Investment Services, Inc. (CRD #19406) of Syossett, NY. In addition to being registered there since 2015, Eckstein owned Sisk and was its CEO. FINRA also expelled Sisk Investment Services on 6/22/2018.  Eckstein was previously employed by Gould, Ambroson & Associates Ltd. (CRD #17412) of Garden City, NY since he began working in the industry in 1998.

There have been some new developments with this broker since our last blog post.

SEC-Charges-Paul-Mata-David-Kayatta-Mario-Pincheira-With-Fraud-and-Freezes-Assets-300x199On 6/12/2018, the Nassau County (New York) District Attorney filed multiple criminal charges against Eckstein:

Cindy Lucille Porto Chiellini (CRD #1015592) is a currently registered broker with Centaurus Financial, Inc. (CRD #30833) of Lexington, SC, since 2015. Previously, she worked with J.P. Turner & Company, L.L.C. (CRD #43177), Gunnallen Financial, Inc. (CRD #17609) and First Allied Securities, Inc. (CRD #32444), all of Lexington. She has been in the industry since 1984.

Securities-Industry-Lingo-May-Interfere-With-Financial-Advising-300x161Chiellini has three recent customer disputes in her long financial career, but no disciplinary actions. The first dispute was filed on 05/21/2018, from the beneficiaries of a deceased client. The claimants alleged that Chiellini recommended unsuitable investments that resulted in a loss when they decided to liquidate. They have requested damages of $100,000. Chiellini denies the allegations, and states that she not only reviewed the investments with her original client before they were purchased, but also discussed options with the beneficiaries after the client passed away. The beneficiaries decided to liquidate rather than wait, and signed statements that they understood the loss involved by immediate liquidation instead of waiting for these securities to reach full maturity. This claim is currently pending.

The second dispute was filed on 4/17/2018, alleging that his account had “less liquidity” than he told Chiellini he wanted, and lost principal when he sold. The client requested damages of $170,000. Chiellini’s response denied the accusations. After explaining the investment strategies and providing relevant documentation, as well as receiving the customer’s signature on forms certifying that he understood everything, the customer took the advice of a non-licensed securities and insurance individual to liquidate everything over the protests of Chiellini and Centaurus Financial. After the firm examined the evidence, they denied the claim.

Broker Donald Fowler (CRD #4989632) is a broker currently registered with Worden Capital Management LLC (CRD #148366) of Rockville Center, New York. He has been with Worden since 2014. He was previously employed by J.D. Nicholas & Associates, Inc. (CRD #44791) of Syosett, NY, and American Capital Partners, LLC (CRD #119249) of Wantagh, NY. He has been in the industry since 2005.

sec-300x198Fowler, along with another Worden broker, is the subject of an SEC complaint regarding excessive trading, churning, and what the SEC calls an “in-and-out” trading strategy. This generated bigger fees for himself and the other broker who was charged, but caused clients to suffer significant losses as a result.

Fowler is alleged to have recommended the strategy to his 27 clients at now-defunct J.D. Nicholas & Associates without any reason to believe it would benefit any one of them. He knew, or should have known, that the cost structure and nature of the trading would cause them all to lose money. Furthermore, at least three of his 27 accounts were the subject of “churning” (excessive training to generate more commissions and fees.) Both of these practices violated antifraud provisions in federal trading laws. This action is listed as “pending.”

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