Investor Lawyers Blog

SEC Says GPB Capital Holdings CEO and Executives Defrauded Over 17,000 Investors In $1.7B Ponzi Scam

Published on: February 5, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Justice Department Files Parallel Criminal Charges Against GPB Capital’s David Gentile and Others

The Securities and Exchange Commission (SEC) has filed civil charges against GPB Capital Holdings CEO and owner David Gentile, ex-GPB managing partner Jeffrey Lash, Ascendant Capital owner Jeffry Schneider, and affiliated entities, including Ascendant Alternative Strategies, of defrauding 17,000 retail investors in a more than $1.7B in a Ponzi-like scam.

GPB Capital Holdings, an alternative asset firm that invests in auto dealerships and waste management, has been under investigation over Ponzi fraud allegations by the SEC, the Federal Bureau of Investigation (FBI), the Financial Industry Regulatory Authority (FINRA), and others for more than two years. Now, in a parallel case, the U.S. Attorney’s Office for the Eastern District of New York has filed criminal charges indicting Gentile, Lash, and Schneider. If convicted, they could each spend up to two decades in prison.

Commonwealth Financial Network Broker Joseph Leonczyk Sold FS Energy and FS KKR Investments To Customers

Published on: February 5, 2021 | by Shepherd Smith Edwards & Kantas, LLP

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.

GPB Capital Principals Indicted

Published on: February 4, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Jeffry Schneider, David Gentile, and Jeffrey Lash, GPB Capital Principals Indicted

Our firm has written extensively about GPB Capital and allegations that the “investments” were a massive Ponzi scheme. The U.S. District Attorney for the Eastern District of New York has indicted several of the principals of GPB Capital, and the indictment was unsealed today, February 4, 2021.

Specifically, the district attorney incited Jeffry Schneider, David Gentile, and Jeffrey Lash. These individuals were also all arrested today and will appear before local courts for initial appearances in Austin, Texas, Fort Myers, Florida, and Boston, Massachusetts. According to the indictment, Jeffry Schneider, David Gentile, and Jeffrey Lash misrepresented the GPB Capital investments to investors about “the source of funds used to pay monthly distribution payments to investors in several of the GPB Funds, including Holdings I, Automotive Portfolio and Holdings II, and (b) the revenue generated by Holdings I in 2014 and Automotive Portfolio in 2015.” These allegations are also non-exclusive, meaning the prosecuting attorneys are leaving open-ended the totality of misrepresentations that are at issue.

Ex- CEO’s Lawsuit Against GPB Capital Holdings’ Prime Automotive Group May Proceed

Published on: February 4, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Ex-Prime Automotive Group CEO Accused Alternative Asset Firm of Running Massive Ponzi Scam

A Massachusetts Superior Court judge says the majority of the lawsuit filed by former Prime Automotive Group CEO, David Rosenberg, can move forward. Rosenberg, in his complaint, claims that he was fired and retaliated against after he accused the parent company, GPB Capital Holdings, of financial misconduct.

The alternative asset firm is under investigation over allegations that it ran an over $1.5B Ponzi scam that defrauded thousands of investors. Its many GPB funds have dropped significantly in value and investor redemptions were suspended more than two years ago.

Triad Advisors Broker Darrin Cohen Under Scrutiny Over Possible GPB Private Placement Sales

Published on: February 3, 2021 | by Shepherd Smith Edwards & Kantas, LLP

Wealth Enhancement & Preservation CEO Named in Two Pending Investor Claims

Triad Advisors stockbroker, Darrin Stuart Cohen, is currently the subject of two pending Financial Industry Regulatory Authority (FINRA) arbitration claims from customers collectively seeking $600K in damages. The allegations involve the unsuitability of investments, including alternative investments, that were sold to them.

Cohen is also the CEO of Wealth Enhancement & Preservation in Alpharetta, Georgia and a registered investment advisor for Red Triangle, LLC in Charleston, South Carolina.

Ex-MML Investors Services Broker Gary Hammond Accused of Making $1.6M In Unauthorized Transactions

Published on: February 2, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Bars Former Charlotte, North Carolina Financial Advisor

The Financial Industry Regulatory Authority (FINRA) arbitration has permanently barred Gary Wayne Hammond, an ex-North Carolina broker, following allegations that he took part in more than $1.6M in private securities transactions without having given written notice to his then-firm. The transactions appear to involve limited liability companies run by Hammond’s half-brother, who is accused of operating Ponzi scams.

Hammond worked in the industry for 21 years, most recently as a Horner, Townsend, and Kent broker, where he worked for four months in 2017 and right before that with MML Investors Services, where he was a registered representative for two months.

Investment Recommendations Don’t Always Equate To a Customer’s Best Interests

Published on: February 1, 2021 | by Shepherd Smith Edwards & Kantas, LLP

SEC’s Regulation BI May Not Be Protecting Investors The Way They Think

It has been nearly seven months since the SEC’s Regulation Best Interest (BI), a rule mandating that brokers NOT market themselves as financial advisors unless they actually are dually registered to be one, went into effect. The aim of this distinction is to let investors know whether they are working with someone who is bound to act in their best interests or not.

While brokers are supposed only to recommend financial products to customers that are suitable for them, this recommendation can also be based on what product will earn them the highest commission. This potential conflict of interest can be financially disadvantageous to an investor.

GME, AMC, BB and Other High Flying Stock Losses

Published on: January 29, 2021 | by Shepherd Smith Edwards & Kantas, LLP

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.

Ex-Ameriprise Broker Angel Bardeche Accused of Earning $450K From Allegedly Unsuitable Mutual Fund Switches

Published on: January 29, 2021 | by Shepherd Smith Edwards & Kantas, LLP

FINRA Suspends Cincinnati, Ohio Financial Advisor

The Financial Industry Regulatory Authority (FINRA) has suspended former Ameriprise (AMP) stockbroker, Angel W. Bardeche, for nine months over allegations that she engaged in unsuitable mutual fund switches over a two-year period that earned her $450K in commissions.

The self-regulatory organization (SRO) also contends that the ex-Ameriprise Financial broker made 109 trades in eight non-discretionary customer accounts without authorization. Bardeche will pay a $10K fine and $5K in disgorgement.

Customers Seeking $1.8M Over Investments Recommended By Western International Securities’ David Bibo

Published on: January 26, 2021 | by Shepherd Smith Edwards & Kantas, LLP

California Stockbroker Accused Of Unsuitability & Misrepresentations

David Omori Bibo, a Western International Securities, Inc. registered representative is named in two pending customer disputes collectively seeking $1.8M in damages. The San Jose broker has been part of the industry for 25 years. He has seven disclosures on his BrokerCheck record.

Our California securities fraud lawyers are looking into investor claims involving Western International Securities broker, David Bibo, or any other registered representative from the firm. Contact Shepherd Smith Edwards and Kantas (SSEK Law Firm at investorlawyers.com) today so that we can help you determine whether you have grounds for a Financial Industry Regulatory Authority (FINRA) arbitration case to recover your losses.