Articles Posted in Investor Fraud

What Are Common Signs of Investment Fraud and How Can Our Investor Attorneys Help? 

Red Flags May Help Identify When You Have Become The Victim of Fraudulent Activities

If you are someone who has suffered significant losses to your investment or retirement funds, it is important that your financial advisor explains to you what happened. Unfortunately, all too often there are investors, including retirees, who will have sustained financial losses due to poor account mismanagement, broker negligence, or securities fraud.

Ex-Wells Fargo Clearing Services Advisor Allegedly Misappropriated Funds from Elderly Investors 

Mario Everildo Rivero is charged with two counts of wire fraud, one count of securities fraud, and one count of investment advisor fraud. He was arrested on March 14, 2022. The ex-Wells Fargo Clearing Services broker is accused of stealing more than $500K from clients. All of them were older investors. 

Prosecutors contend that from April 2018 to November 2020, when Rivero was working as a Wells Fargo financial advisor, he misappropriated at least $529K from four customers. This allegedly included:

Ex-Florence Capital Advisors Principal is Accused of Breach of Fiduciary Duty 

Old City Securities registered representative Gregory Alain Hersch is accused of negligence, breach of fiduciary, misrepresentations, and other claims. In one investor fraud case, the customer is seeking up to $1.4M in damages. Hersch, who is based out of New York, is also the owner of Florence Capital Advisors.

The investor claims they suffered losses from investing in FF Fund I, LP, which is a private equity fund, and they are pursuing their claim against Florence Capital Advisors and Hersch. Shepherd Smith Edwards and Kantas (SSEK Law Firm) are investigating customer losses involving Old City Securities Broker Gregory Hersch.

Financial Advisor in Ludlow, Massachusetts is Named in Two Pending Customer Disputes

Joseph Anthony Leonczyk, a Commonwealth Financial Network registered representative, is currently named in two pending customer disputes in which the claimants allege that he unsuitably recommended that they invest in FS Energy and Power Fund (FSEP),  FS KKR Capital Corp. (FSK), and other alternative investments. The claimants are seeking $65K and $100K, respectively, for their losses.

FS Energy and Power and FS KKR Capital investors have both suffered significant losses. FS KKR Capital underwent a reverse split last year that caused its value to drop. FS Energy and Power stopping distributions while possibly heading for bankruptcy. Its latest share price on the secondary market is $1/share.

Retail Investors Make Stock Market History

The week of January 25, 2021, saw a remarkable market event where retail investors bid up the price of a handful of stocks in an attempt to force a “short-squeeze” on major Wall Street hedge funds.  When an investor “shorts” a stock, which is a bet the stock is going to go down in price, the investor borrows the shares and then sells them at the existing price.  If the share price goes down, the investors will “cover” the short by buying at the lower price to return the borrowed shares, capturing the difference between what the investor sold the shares at and the cost to buy the shares back in order to return them.  Conversely, if the stock price goes up, the investor has to buy the shares at a high price than what the investor received when they were sold in order to return the borrowed share and loses the difference on the short play.

When shorting a stock, since the investor does not own the stock, the investor’s position is done on margin, that is, using credit from the brokerage firm.  As the value of the stock increases, the margin balance increases.  In such a situation, an investor can receive a “margin call”, where the brokerage firm forces the investor to close the position.  In a margin call from a short position, that means forcing the investor to buy the stock, regardless of the price, which is when there is this short-squeeze.

Florida-Based Financial Management Company Employee Allegedly Stole Money 

Albertín Aroldis Chapman de la Cruz, the star relief pitcher for the New York Yankees, has filed an investment fraud lawsuit against Pro Management Resources and several individuals. The financial management and tax planning company reportedly has also been serving as Chapman’s business manager for almost a decade. Now, the MLB pitcher is accusing the company of stealing $3M.

Shepherd Smith Edwards and Kantas (SSEK Law Firm at investorlawyers.com) represent investors in Florida that have suffered investment losses due to broker and financial fraud or negligence. Contact us at (813) 560-2992 or by using our online contact form so that we can help you explore your legal options.

New York Stockbroker is Named in Multiple Customer Disputes

If you suffered substantial losses from investments recommended to you by Spartan Capital Securities broker Joseph Kelly, you may have grounds for filing a Financial Industry Regulatory Authority (FINRA) arbitration claim to recover your losses. 

Kelly, who is based in New York, is the subject of three pending customer complaints seeking damages. He has been with Spartan Capital Securities since 2017 and before that from 2013 to 2016. At Shepherd Smith Edwards and Kantas (SSEK Law Firm), our New York securities fraud attorneys would be happy to offer you a free case assessment. Contact us at (716) 261-3529 today.

Resource Real Estate Opportunity REIT and REIT II Shares Reportedly Trading Under NAV Price 

With shares in Resource Real Estate Opportunity REIT and Resource Real Estate Opportunity REIT II reportedly trading privately at lower prices than their net asset value (NAV), some investors may be wondering why they were never fully apprised of all the risks.

The news of the lower than NAV trading prices comes several months after both non-traded real estate investment trusts announced they were partially suspending share redemptions amidst their plans to merge with Resource Apartment REIT III, Inc.

New York Stockbroker and Investment Advisor is Accused of Misrepresentations and Unsuitability  

Eric Andrew Wittenberg, a managing director and private wealth advisor at UBS Group AG (UBS) in the New York metropolitan area, is being blamed by a number of the firm’s customers for investment losses they suffered after he recommended the UBS Yield Enhancement Strategy (YES) to them.

Wittenberg is one of many UBS registered representatives named in Financial Industry Regulatory Authority (FINRA) arbitration claims over this program.

Rand Heckler of Rand Heckler, Inc. is Now The Subject of SEC and Criminal Fraud Charges

Former stockbroker Rand Allan Heckler of Long Island, New York, is facing US Securities and Exchange Commission (SEC) charges accusing him of investor fraud. Heckler, who was barred by the Financial Industry Regulatory Authority (FINRA) last year, is also now facing criminal charges alleging that he ran an over $1M Ponzi scam.

Over his 22 years in the securities industry,  Rand Heckler worked at 11 broker-dealers. Four of these firms were expelled by FINRA. 

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