Investor Lawyers Blog

Texas Real Estate Developer Faces SEC Charges Over Alleged Multimillion-Dollar Ponzi Scam

Published on: January 28, 2019 | by Shepherd Smith Edwards & Kantas, LLP

The US Securities and Exchange Commission has filed fraud charges against Phillip Michael Carter, Bobby Eugene Guess, Richard Tilford, and several entities accusing them of operating a multi-million dollar offering fraud. The regulator contends that the three men raised nearly $45 million from more than 270 investors in the US through the sale of high-yield, short-term promissory notes that were touted to prospective buyers as low-risk.

According to the SEC, investors thought they were getting involved in actual real estate development companies but instead ended up buying securities from entities with no assets. Carter, who is the principal of North Forty Development LLC and Texas Cash Cow Investments, is accused of then misappropriating $1.2M in investor funds for his own expenses, including a personal IRS tax lien and to operate a luxury hunting ranch. He also allegedly made over $3M in Ponzi payments that were issued to investors.

Now, the defendants are accused of offering and selling unregistered securities, violating the Exchange Act and the Securities Act, and acting as unlicensed brokers. The entities that are relief defendants in the case include:

Ex- Financial Adviser Peggy Fulford is Sentenced to 10 Years in Prison for Defrauding Professional Athletes

Published on: January 25, 2019 | by Shepherd Smith Edwards & Kantas, LLP

The US Attorney’s Office for the Southern District of Texas recently announced that District Court Judge Keith P. Ellison has sentenced former financial adviser Peggy Ann Fulford to 120 months in prison—that’s 10 years. Fulford defrauded a number of professional athletes, including ex-NBA basketball players Dennis Rodman and Travis Best, former Heisman trough winner Ricky Williams, as well as NFL football players Lex Hilliard and Ricky Williams, of millions of dollars. The former broker, who is from Houston and was based out of New Orleans, pleaded guilty to one count of interstate transportation of stolen property in 2018.

Fulford, who also used the last names King, Williams, Simpson, Rivers, and Barard as her aliases, along with the names Devon Cole and Devin Barard, admitted that she falsely told her former clients that she had degrees from Harvard Business School and Harvard Law School, as well as that she had made millions of dollars on Wall Street. She told her victims that they didn’t need to pay her a fee because she was already wealthy and just wanted to help them protect their funds.

Instead, Fulford, who was supposed to manage their money and pay their bills for them, diverted millions of dollars to support her own lavish spending habits. Even after pleading guilty and while out on bond in this criminal case, Fulford, as Peggy Jones, allegedly defrauded another man out of $25K.

Securities Cases: Massachusetts Charges Royal Alliance Over Unsuitable Investment Advice, Ex-Schwab Rep. is Fined For Alleged False Statements, and Texas Broker Accused of Bank Fraud Gets His CFP Designation Suspended

Published on: January 24, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Former Centaurus Financial Broker’s Certified Financial Planner Designation is Suspended

The Certified Financial Planner Board of Standards has suspended Texas broker’s Larry J. Templin’s CFP designation. The interim suspension comes after Templin, who is accused of bank fraud, refused to provide the Financial Industry Regulatory Authority (Finra) with information related to the allegations against him.

Templin was a Centaurus Financial broker until last year when he was fired by the Texas-based brokerage firm. Previously, he was registered with USAllianz Securities and First Global Capital, which are both headquartered in Texas. Templin worked in the securities industry for over 20 years.

CFD Investments Ordered to Pay $125K Fine Over the Inadequate Supervision of Variable Annuity Sales

Published on: January 21, 2019 | by Shepherd Smith Edwards & Kantas, LLP

The Financial Industry Regulatory Authority is ordering CFD Investments to pay a $125K fine over what the self-regulatory authority (SRO) found to be the inadequate supervision of its registered representatives when they sold variable annuities(VAs) to customers. FINRA said that between 7/2014 and 7/2016 the broker-dealer did not set up, keep up, or enforce written procedures or a supervisory system designed in a reasonable enough manner that would allow the firm to properly oversee these transactions.

The SRO found that of the 1,574 VA purchase and exchanges made by the firm during the period in question, over 18% of them were L-share contracts, most of which came with long-term riders. However, according to FINRA, many of broker-dealer’s customers that bought these shares wanted a long-term investment horizon and would have benefited more from being sold B-share contracts. Also, unlike L-share contracts, B-share contracts don’t come with 30-50 basis point annual fees.

Inadequate Supervision and Inappropriate Recommendations

Royal Alliance and Former Broker Are Ordered to Pay $4.2M To Widow Who Was Victim of Investor Fraud

Published on: January 17, 2019 | by Shepherd Smith Edwards & Kantas, LLP

A Financial Industry Regulatory Authority (FINRA) panel has found that ex-Royal Alliance Associates broker stole money from Cathy Carter, a 54-year-old widow suffering from a brain injury. Former broker Gary Basralian has already pleaded guilty to defrauding clients of at least $2M and using the funds on himself.

Now, FINRA has announced two awards holding Royal Alliance and its former broker liable for the fraud. The self-regulatory authority is ordering both of them to pay the widow $2.1M and $500K for legal fees each.

Basralian resigned from Royal Alliance in 2017. FINRA barred him from the securities industry last March.

Puerto Rico Oversight Board Seeks to Invalidate Over $6 Billion of General Obligation Bonds

Published on: January 15, 2019 | by Shepherd Smith Edwards & Kantas, LLP

The Financial Oversight Management Board for Puerto Rico (the Board) is asking a federal district court judge to invalidate over $6 Billion in general obligation (GO) bonds by disallowing any claims brought by the bonds’ holders. The legal action, brought by the Board and the island’s unsecured creditors’ committee, focuses on GO debts that the U.S. territory sold in 2012 and 2014.

The Board and the committee contend that the debt at issue violates Puerto Rico’s Constitution, including the balanced budget clause as well as the debt service limit provision. According to Law360, both parties claim that previous administrations of the island’s government engaged in different “accounting gimmicks” to get around these provisions.

For example, the petitioners maintain that bonds issued through the Puerto Rico Public Buildings Authority were an attempt to get around the 15% debt service limit when, in fact, the bonds should have been factored into that limit. If that had been done, the Board and committee are now arguing, then bonds issued after March 2012 should be rendered invalid and taken off the balance sheet of what the island owes.

Enbridge Acquires The Rest of Its Houston-Based Mastered Limited Partnership Operations

Published on: January 11, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Enbridge Inc. (ENB) has consolidated its acquisition of master limited partnership (MLP) operations in Texas by approving the acquisition of all outstanding Enbridge Energy Partners LP (EEP) public Class A common units, as well as all outstanding Enbridge Energy Management LLC (EEQ) public listed shares. Two deals had been earmarked with an over $3.5B value when news of their pending purchase became public knowledge a few months ago.

Both MLPs will no longer be traded on the New York Stock Exchange (NYSE). They will now become Enbridge subsidiaries.

News of the completed acquisitions came just days after Enbridge fulfilled its acquisition of Spectra Energy Partners, which is also an MLP based in Houston. In September, Enbridge announced it would acquire what was left of Enbridge Income Fund Holdings Inc. (ENF), which is based in Canada.

Finra Bars Another Ex-Morgan Stanley Representative, Fines Firm $10M for AML Detection Deficiencies, and Orders It To Pay Two Investors $4.2M For Broker Fraud

Published on: January 10, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Daniel Todd Levine, a former Morgan Stanley (MS) broker, has been barred by the Financial Industry Regulatory Authority after he failed to cooperate in a probe into allegations that he may have taken part in outside business activities that he did not disclose to the broker-dealer while he worked for the firm. Levine was a Morgan Stanley broker based in Denver, Colorado between 2013 and July 2018 when he stepped down. His next employer was First Financial Equity Corp., but that brokerage firm fired him a few weeks later after he did not notify them about the FINRA investigation.

According to Levine’s BrokerCheck record, he previously worked with Prudential Securities, Merrill Lynch, and UBS (UBS). He was employed in the securities industry for over 20 years.

A number of other former Morgan Stanley brokers have recently made news headlines over allegations of broker fraud. Last month, FINRA announced that it had filed a lawsuit against Ami Forte, who is accused of making unauthorized trades in the account of now deceased Home Shopping Network co-founder Roy M. Speer. In November, former Morgan Stanley financial adviser James Polese was sentenced to five years behind bars after pleading guilty to defrauding customers of over $1M.

Houston, TX-Based Brokerage Firm Next Financial is Acquired by Atria

Published on: January 9, 2019 | by Shepherd Smith Edwards & Kantas, LLP

Next Financial Group Inc. will be purchased by Atria Solutions. The Houston-based independent broker-dealer is the fourth brokerage firm that Atria, which is located in Dallas, has acquired since 2017. The other brokerage firms are Cadaret Grant & Co., Cusco Financial Services, and Sorrento Pacific Financial.

Next Financial currently has almost 540 advisers and representatives and nearly $13B in assets under management. According to InvestmentNews, Under the Next Financial deal, Atria will acquire the broker-dealer and its related companies. Following the acquisition, Atria will work with almost 2,000 advisers with about $65B in assets under administration.

Next Financial’s BrokerCheck record shows 19 disclosure events that have been settled, usually without the firm admitting to or denying the findings, for various causes, including:

Puerto Rico’s Fiscal Oversight Board Reportedly Will Pay Advisor Brown Rudnick $790/Hour

Published on: January 7, 2019 | by Shepherd Smith Edwards & Kantas, LLP

According to Puerto Rican local new site Noticel.com, the US Territory’s Financial Oversight and Management Board, which has chosen Brown Rudnick as its claims advisor, will pay the law firm $790 an hour—a figure that reportedly will rise 4% annually and does not include its team’s travel expenses that the island’s government will also pay for. Considering that the Fiscal Oversight Board was appointed to help Puerto Rico restructure its financing and deal with its over $70 billion of debt, there are significant questions as to whether this is the best allocation of the island’s limited financial resources.

Another local news source, Caribbean Business, reports that Brown Rudnick’s job will be to help the Board’s Special Claims Committee look into possible claims that may result from the findings in the debt probe recently conducted by Kobre & Kim. The disputes and investigative international law firm had put together a 600-page report on its investigation, which was published a few months ago.

News of Brown Rudnick’s appointment came almost immediately after the Official Committee of Unsecured Creditors asked for discovery to look into possible claims. According to Caribbean Business, the Committee wants to know if the Puerto Rican government has “claims toward third parties,” which the Committee feels that Kobre & Kim did not look into during its probe.