Investor Lawyers Blog

FINRA Claims That It Can’t Stop Firms From Hiring High-Risk Brokers

Published on: June 12, 2017 | by Shepherd Smith Edwards & Kantas, LLP

In interviews with Reuters, the Financial Industry Regulatory Authority admitted that even though investors are harmed when broker-dealers hire brokers with checkered histories, there is not much that the regulator can do to stop this practice because it is not illegal. This is undoubtedly causing even more investors to suffer losses as some of these high-risk brokers continue to engage in more misconduct or other violations at their new places of work.

For example, reports the news agency, since 2007 broker Mike McMahon and brokerage firms where he has worked, including National Securities Corporation, have shelled out $1.35M to resolve 10 client cases in which he was purportedly involved. McMahon is currently contending with another four broker fraud cases that were brought by other ex-clients.

One of the reasons the complaints keep coming is because he has been able to move from one firm to another even with the cases that have already been brought against him. Unfortunately, McMahon is not the only one.

US Supreme Court Restricts SEC’s Ability to Recover Monies Made from Illegal Conduct

Published on: June 10, 2017 | by Shepherd Smith Edwards & Kantas, LLP

In Kokesh v. SEC, the US Supreme Court has restricted the US Securities and Exchange Commission’s ability to pursue disgorgement after five years have passed since the fraud alleged led to illegal profits. In a unanimous decision, the nation’s highest court said that that the five-year statute of limitations must be followed.

The securities fraud lawsuit was brought by Charles Kokesh, who was convicted for misappropriating funds from four investment companies that he controlled and using the money to support his expensive lifestyle. In 2015, a judge ordered Kokesh to pay a $2.4M civil penalty.

Additionally, because the SEC considered disgorgement to have no statute of limitations, the judge also ordered the businessman to pay $35M. This is how much he was calculated to have illegally made starting from when he began engaging in his illegal conduct, from 1995 to 2009.
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Bank of America Unit Settles Auction-Rate Securities Fraud Lawsuit by Tutor Perini for $37M

Published on: June 9, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Merrill Lynch Pierce Fenner & Smith, a Bank of America (BAC) unit will pay Tutor Perini Corp. $37M to settle a securities case accusing the broker-dealer of selling the construction company millions of dollars of auction-rate securities (ARS) without giving it the heads up that the market was likely to experience a “spectacular crash.” Despite settling, neither party is admitting to wrongdoing.

Tutor Perini, which brought its ARS fraud case in 2011, claims that the brokerage firm, then called Banc of America Securities LLC, purposely directed it to buy ARS in 2008 even while knowing that the investments were problematic. By December 2007, the construction company had invested about $196M in ARSs. After the market failed Tutor Perini said that it had no choice but to sell the securities at a huge discount in a secondary market.

A district judge initially granted the broker-dealer summary judgment based on the determination that the construction company did not demonstrate misconduct by the Bank of America unit when the latter sold student loan-backed ARSs. Last year, however, the First Circuit partially reversed that ruling after finding that a jury could potentially determine that at least some of the ARSs bought by the construction company were a result of assessments that proved inaccurate because the broker-dealer did not examine certain key developments. Reviving the lawsuit, the federal appeals court said that dismissing certain Massachusetts state securities fraud claims and federal claims was a mistake.

Despite Bankruptcy and Massive Losses, Traders Are Still Selling Puerto Rico Bonds

Published on: June 9, 2017 | by Shepherd Smith Edwards & Kantas, LLP

According to Bloomberg, trading in Puerto Rico securities has gone up even after the U.S. territory filed for Title III bankruptcy protection last month. Over the last 50 days, $267.4 million of Commonwealth debt was the daily average that traded, which is more than the $195.9 million daily average from the last 200 days. Analyzing the increase, Matt Fabian of Municipal Market Analytics speculated to Bloomberg that investors who purchased the bonds might have assumed that the federally appointed financial control board tasked with fixing the island’s financial problems would succeed.

Puerto Rico owes more than $70 billion of bond debt and, additionally, has over $40 billion in unfunded pension liabilities. After talks with creditors went nowhere, Puerto Rico sought bankruptcy protection. Now, creditors will have to go to court to try to get back their losses.

However, those legal cases are being led by institutional investors, such as hedge funds and mutual funds. Nevertheless, retail investors and others continue to try to get back their investment losses starting from when Puerto Rico bonds and closed-end bond funds began plummeting almost four years ago. What seemed like a good investment—tax-exempt and allegedly low-risk—ended up proving catastrophic for many who were told, falsely, that investments were safe and appropriate for their portfolios. Hundreds were encouraged by brokers to borrow so they could invest even more money in these securities.

Two Former State Street Executives to Plead Guilty in Institutional Investor Fraud Involving Billions of Dollars of Trades

Published on: June 8, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Two of the three ex-State Street Corp.(STT) executives whom US prosecutors have charged with bilking six clients via secret commissions on billions of dollars of trades have agreed to plead guilty. Edward Penning, a former State Street Sr. managing director, and Richard Boomgaardt, the former head of the transition management desk for Africa, Europe, and the Middle East, will plead guilty to securities fraud and conspiring to commit wire fraud. Ex-State Street EVP Ross McLellan, who has pleaded not guilty to the criminal charges against him, is scheduled to go on trial later this year.

State Street is a custody bank based in Boston. Its unit that was involved in the securities fraud assists institutional clients in moving investments and liquidating big portfolios.

Penning, Boomgaardt, and McLellan were charged last year in a US probe. Earlier this year, State Street agreed to settle related criminal and civil probes over the men’s alleged misconduct for $64.6M. That’s a $32.3M criminal penalty to the US Justice Department and a $32.3M civil settlement to resolve the US Securities and Exchange Commission’s case. As part of the settlement, the firm admitted that it overcharged six clients of State Street’s transition management business by secretly billing them commissions on billions of dollars in securities trades, including equity trades and fixed-income trades. In 2014, State Street also paid a $38M fine to the UK Financial Conduct Authority for charging the same clients mark-ups for certain transactions.

Financial Representative Misconduct: Rep. Who Didn’t Disclose $100M in EB-5 Investment Sales is Barred From Securities Industry, Ex-Stifel, Nicolaus Broker is Suspended & Fined For Variable Annuity Violations, and Former Advisor is In Trouble Over Alleged Breaches Involving Senior Investors Accounts

Published on: June 7, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Former Stifel, Nicolaus Broker is Accused of Variable Annuity Violations
The Financial Industry Regulatory Authority has suspended an ex-Stifel, Nicolaus (SF) broker for four months over variable annuity transactions that he purportedly inappropriately recommended to certain investors. At the time of the alleged variable annuity fraud, James Keith Cox worked with Sterne, Agee & Leach. Stifel Financial later acquired that firm.

According to the regulator, Cox recommended a number of VA transactions even though there was no reasonable grounds for thinking they were appropriate for the investors. In addition to the suspension, Cox will disgorge the $25,460 he was paid in commissions.

FINRA Bars California Man From Industry Over $100M in Undisclosed EB-5 Investment Sales
A FINRA hearing panels has barred a California-based registered representative for taking part in private securities transactions involving $100M in EB-5 Investments that he failed to disclose to his employer financial firm. Jim Seol sold the EB-5 investments through his business Western Regional Center Incorporated.

Former Sterne Agee Broker Pleads Guilty to Securities Fraud Involving NY Pension Fund

Published on: June 5, 2017 | by Shepherd Smith Edwards & Kantas, LLP

Deborah Kelley, an ex-Sterne Agee managing director and broker, has pleaded guilty to honest-services wire fraud and securities fraud. Kelley, admitted that she gave perks to former NY state pension fund manager Navnoor Kang in return for him directing trading business toward her firm. She could be sentenced to up to five years in prison. A second broker, Gregg Schonhorn, has already pleaded guilty to related criminal charges against him.

Kang, who was the portfolio manager of the New York State Common Retirement Fund, is accused of awarding the two brokers’ firms over $2B of business in return for drugs, strippers, vacations, and lavish jewelry.

As a result, contend prosecutors, the retirement fund’s domestic bond transactions to her firm went from $0 at the end of March 2014 to $179M in 2016. FTN Financial, which is where Schonhorn worked, ended up garnering $2.3B of business from working with the NY pension fund. The two brokers were paid 35-40% of the millions of dollars of commissions made by their brokerage firms.

NY Man is Charged in $70M Investor Fraud

Published on: May 31, 2017 | by Shepherd Smith Edwards & Kantas, LLP

In yet another investor fraud case in which the alleged fraudsters touted the sale of tickets from the musical Hamilton, Jason Nissen is charged with wire fraud in a $70M Ponzi scam. According to prosecutors, the CEO of National Event Co. raised money by falsely claiming that he would use investors’ funds to purchase and resell wholesale tickets for premier events, including the Broadway hit and the Super Bowl.

Although Nissen did buy tickets with some of the money, most of the funds purportedly did not go toward ticket purchases. According to court filings, what Nissen allegedly was actually doing with the funds was paying back earlier investors. After running out of new funds this month, he purportedly admitted to two investors that he’d bilked them. He also allegedly said that he’d forged documents to conceal his scam.

Among Nissen’s alleged victims are a diamond wholesaler that lent him $32M and a private equity firm, which gave him $40M to invest. This same firm owns part of National Event Co.

Securities Cases: David Lerner Associates Settles Nontraded REIT Sales for $700K, RBS Resolves Investor Lawsuit, and HSBC Holdings Settles More Libor Rigging Claims

Published on: May 31, 2017 | by Shepherd Smith Edwards & Kantas, LLP

David Lerner Associates to Pay NJ Over Nontraded REIT Sales

David Lerner Associates has agreed to pay a $700K penalty to resolve allegations accusing it of illegally selling nontraded real estate investment trusts in the state of New Jersey. In the consent order from the New Jersey Bureau of Securities, the firm also agreed to pay $50K to a fund for investor education, as well as $100K for costs.

At issue are the nontraded REITs Apple 9, Apple 8, and Apple 7. In early 2014, the three REITs merged together and became Apple Hospitality REIT Inc (APLE). Investors complained to the state regulator about the sale of the three REITs, which raised money to purchase hotels. After the NJ regulator contacted the firm about possible failures in its compliance system related to the sale of the non-traded real estate investment trusts, David Lerner Associates said it would assess its sale of the REITs there.

BNP Paribas Settles NY Currency Rigging Investigation for $350M

Published on: May 30, 2017 | by Shepherd Smith Edwards & Kantas, LLP

BNP Paribas will pay the New York Department of Financial Services (DFS) $350M to settle a probe into allegations that it was involved in currency rigging in the bank’s foreign exchange business. In a statement, the French bank said that it “deeply regrets” the misconduct, which took place between ’07 and ’13.

The DFS said that over a dozen BNP Paribas sales people and traders in NY as well as other trading hubs rigged forex rates and took part in other illegal activities. BNP Paribas traders worked in online chat rooms with traders from competing companies, making fake trades and improperly sharing customer information that should have stayed confidential. Members of the bank’s sales team are also accused of misleading customers regarding prices.

Among the alleged misconduct cited by the DFS is that of a BNP Paribas trader in NY who is accused of not only rigging different currencies but also of executing bogus trades overnight to move rates and then frequently cancelling the trades within seconds of making them. In another example cited, one of the bank’s traders in Japan allegedly improperly disclosed customer information involving yen trading with several competitor traders.