Investor Lawyers Blog

Fraudulent Binary Options Led to Tens of Millions of Dollars in Investor Losses

Published on: October 1, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Three non-US citizens, Raz Beserglik, Gil Beserglik, and Kai Christian Peterson, are now facing US Securities and Exchange Commission (SEC) charges accusing them of causing investors, including retirees, of losing tens of millions of dollars through the sale of fraudulent binary options via their binary options brokers Morton Finance, Bloombex Options, and Starling Capital. The brokerage firm are also defendants in the regulator’s case.

According to SEC Enforcement Davison Associate Director Melissa Hodgman, investors were promised fast profits. Instead, most of them lost money, with some of them losing all of their life savings.

The regulator’s complaint said that through call centers that were run like boiler rooms in Italy and Germany, salespeople contacted prospective clients and used high pressure tactics to get them to buy speculative binary options. As a result, from 2012 through 2016, investors from the US and elsewhere gave Bloombex Options over $80M to invest. Morton Finance, meantime, had gotten over 8,000 investors to deposit more than $14.75M by 2016. Over 2,700 investors deposited almost three million through Starling Capital. The brokers continued to accept investor funds at least through 2017.

SSEK Investigates Stockbroker Eddie Lyons of Raymond James & Associates

Published on: September 30, 2019 | by Shepherd Smith Edwards & Kantas, LLP

SSEK Investigates Eddie Lyons Of Raymond James & Associates

Shepherd, Smith, Edwards & Kantas (“SSEK”), a law firm specializing in representing wronged investors, is looking into allegations against Eddie Lyons as noted by FINRA. Lyons was a financial advisor registered with Raymond James & Associates, Inc. He was terminated, in part, due to allegations by his clients that he engaged in unauthorized trading of accounts.

FINRA then initiated an investigation in November 2017. The inquiry was based on several complaints from customers. The allegations ran the gambit of bad acts. These include, but may not be limited to, unauthorized trading.

Strong Investment Management and Laurel Wealth Advisors Settle Cherry Picking Allegations

Published on: September 30, 2019 | by Shepherd Smith Edwards & Kantas, LLP

A final judgment has been reached in the US Securities and Exchange Commission’s (SEC) fraud case against Strong Investment Management. The investment adviser, based in California, and its owner James Bronson are accused of running a cherry picking scam that harmed clients and went on for over four years. Now, they will pay $1.2M.

Strong has more than six dozen clients and Bronson had sole discretion regarding how to allocate trades that the firm made. The SEC brought its complaint against both of them early last year, with Bronson accused of using the investment adviser’s omnibus account to trade securities while delaying their allocations to different client accounts until he’d seen how the trades had performed throughout the day. Bronson would then allegedly “cherry pick” the trades by giving himself a disproportionate amount of the profitable trades while a similar disproportionate number of unprofitable ones were sent to clients. As a result, Bronson “reaped substantial profits” that he would not have otherwise.

Bronson and Strong are also accused of misrepresenting their allocation and trading practices in their Form ADV, which falsely stated that no accounts had been given preference when trades were divvied up. Now, they are liable for nearly $961K of disgorgement and over $100K of prejudgment interest. They must pay a $184,767 civil penalty.

GPB Fails to Meet Its Own Disclosure Deadline, Fires Prime Automotive Group CEO

Published on: September 23, 2019 | by Shepherd Smith Edwards & Kantas, LLP

After more than two years without disclosing any audited financial statements to investors or regulators, GPB Capital Holdings has once again missed the deadline for providing a required update to shareholders. This time, the lapsed due date was one it had set for itself. This is just the latest bad news headline plaguing the beleaguered alternative asset firm, which is accused of running a $1.5B Ponzi scam. It is also facing a slew of investor claims for losses sustained after its GPB private placements funds saw a huge drop in value, in some cases by more than 73%.

Once boasting $1.8B in assets involving auto dealerships and waste management, the private placement issuer is now under investigation by the Federal Bureau of Investigation (FBI), the US Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and multiple state regulators. Two of its former business partners are accusing the company of operating like a Ponzi fraud.

Prime Automotive Group CEO Fired After Suing GPB Capital

Shepherd Smith Edwards & Kantas investigates James T. Booth and LPL/INVEST

Published on: September 23, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Shepherd, Smith, Edwards & Kantas (“SSEK”), a law firm specializing in representing wronged investors, is looking into allegations made by FINRA in a recent AWC filing against Booth. In February 2018 LPL acquired INVEST. Booth had been working at INVEST since 2005 and has been a broker since 1988. In the AWC it is alleged that Booth received client assets with the promise of investing said assets on behalf of the clients. Booth instead used client assets for his own personal use and never actually invested the assets.

According to Booth’s official record or CRD, he has 25 disclosures or claims against him. This is an unusually high number, and generally indicates poor supervision. Almost all of the complaints are on the violative conduct listed above. According to the FINRA CRD report, most of his former clients complain of a “Ponzi scheme using multiple shell companies.”

LPL fired Booth, and according to LPL this was done after Booth admitted to misappropriation of multiple client’s assets for his own use. It should be noted that FINRA has also barred Booth from the industry and can no longer act as a stockbroker or advisor under FINRA.

Shepherd Smith Edwards & Kantas investigates Marcus Boggs, a former Merrill Lynch Financial Advisor

Published on: September 23, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Shepherd, Smith, Edwards & Kantas (“SSEK”), a law firm specializing in representing wronged investors, is looking into allegations by the SEC against former Merrill Lynch financial advisor, Marcus Boggs (“Boggs”). Boggs reportedly joined Merrill Lynch in 2006, working in the company’s Chicago office. The SEC has alleged that Boggs stole client funds in excess of $1.7 million. The stolen assets were used to cover personal expenses, including credit card charges. According to the SEC, Boggs sought to portray himself as a pillar of the Chicago community, involving himself with various charities and attending social events in an effort to ingratiate himself with the city elite. Also, according to the SEC, Boggs maintained he managed of $40 million in assets for his clients.

Merrill Lynch fired Boggs over the SEC charges in December of 2018. Had Merrill been properly supervising Boggs, the company may have prevented some of the theft. According to FINRA, Boggs has three complaints on his official record all involving unauthorized transfers from client accounts. Merrill wisely sought resolution of these matters and it appears none have actually gone to hearing.

SSEK has experience in representing customers of financial advisors who either stole their money, or stole the money of other clients. SSEK’s experience shows that before a financial advisor begins stealing money, he or she often does other things that are wrong for clients, such as unsuitable investing, churning, unauthorized trading or other misconduct. Even after theft is uncovered, those other wrongs often go unnoticed and are never addressed without a customer hiring a law firm like SSEK.

JP Morgan Settles Broker Fraud Claim for $14M

Published on: September 20, 2019 | by Shepherd Smith Edwards & Kantas, LLP

JP Morgan Securities (JPM) agreed to pay $14M to a claimant who accused its former broker Antoine Souma of misconduct that allegedly led to $20M in net losses. According to Advisor Hub, Souma, who is based in Los Angeles, was named in Barron’s 2016 Top 100 Financial Adviser list. He is currently a Morgan Stanley (MS) broker. He “vehemently denies” the allegations made in this investor fraud claim.

The claimant, Ziad Gandour, is the founder of industrial construction management company TI Capital. He accused Souma of the following:

Fraud

Shepherd Smith Edwards and Kantas Wins $550K for Texas Widow Against UBS

Published on: September 18, 2019 | by Shepherd Smith Edwards & Kantas, LLP

A Financial Industry Regulatory Authority panel (FINRA) has awarded one of our clients, a 91-year-old widow, $550K in her Texas broker-dealer fraud case against UBS Financial Services (UBS). The claimant, who is from Texas, contends in her Houston senior investor fraud case that because her UBS broker made unsuitable investments on her behalf, she lost hundreds of thousands of dollars in her retirement accounts.

While the FINRA arbitration award doesn’t name the broker, Shepherd Smith Edwards and Kantas lawyer David Miller identified him as former UBS broker William Andrew Hightower. Attorney Miller said that Hightower, who headed up Hightower Capital Group, recommended that the claimant invest in leveraged and inverse exchange traded products and structured products, as well as his own private investments. These investments were not suitable for her.

Hightower is now accused of operating a $10M Ponzi fraud. Among the unsuitable investments that he made on our client’s behalf were those involving private placements Reproductive Research Technologies and Isospec Technologies, which were part of his alleged scam, and one fake private annuity.

Investor Files GPB Private Placement Claim Against Kalos Capital

Published on: September 16, 2019 | by Shepherd Smith Edwards & Kantas, LLP

A Tennessee investor is pursuing a Financial Industry Regulatory Authority (FINRA) arbitration claim against Kalos Capital, Inc. and its broker Martin Hunter McFarlin for the more than $100K in losses that he sustained from investing in non-traded real estate investment trusts (non-traded REITs) and the GPB Capital Automotive Portfolio. Now, the claimant is alleging omissions, misrepresentations, gross lack of supervision, unsuitable recommendations, and due diligence failures. Shepherd Smith Edwards and Kantas, LLP (SSEK Law Firm) is representing this individual in his case against Kalos and McFarlin.

Our client is a divorced dad, a small business owner, and an unsophisticated investor, which is why he turned to McFarlin and Kalos several years ago to help him invest his retirement money for him and his family. During seminars and company Christmas parties, the claimant was told that private placements were safe alternative investments.

Private Placements Are Risky Investments

Investor’s GPB Private Placement Claim Against Arkadios Capital Gets FINRA Hearing

Published on: September 13, 2019 | by Shepherd Smith Edwards & Kantas, LLP

An investor who filed an arbitration claim against Arkadios Capital for selling her GPB Capital Holdings private placements now has a hearing date set before a Financial Industry Regulatory Authority (FINRA) panel: April 20, 2020. This is one of the first GPB investor fraud case brought against a brokerage firm to get a hearing scheduled before one of the self-regulatory authority’s (SRO) arbitrators. Our broker fraud lawyers at Shepherd Smith Edwards and Kantas, LLP (SSEK Law Firm) are representing this claimant.

The investor, who is a woman from the greater Atlanta, Georgia area, is claiming hundreds of thousands of dollars in retirement fund losses after her financial adviser, an Arkadios broker, recommended the GPB securities to her. While with the broker-dealer, her portfolio became especially concentrated in private placements, including the GPB Holdings II Limited Partnership. Now, the claimant is contending that this GPB investment, in particular, was an extremely unsuitable recommendation for her, especially since it involved her IRA from which no losses can be offset.

Our client maintains that she was not aware of the risks involved in the investment strategy used by her Arkadios broker. She is alleging unsuitable recommendations, omissions, misrepresentations, gross negligence, due diligence failures, breach of fiduciary duty, negligence, and inadequate supervision. The investor is seeking damages, interest, and costs.