Articles Tagged with REIT

FINRA Claims Former Financial Advisor Also Cost Investors Over Variable Annuities 

The Financial Industry Regulatory Authority (FINRA) has filed a complaint accusing ex-Western International Securities registered representative Megurditch Mike Patatian of unsuitably recommending to 59 customers that they purchase non-traded real estate investment trusts (non-traded REITs). According to the self-regulatory organization (SRO), Patatian lacked reasonable grounds to make 81 recommendations to these customers.  Not only that, but for four of the non-traded REIT sales at issue, the ex-financial advisor recommended that they surrender their variable annuities (VAs), which caused them to have to pay surrender fees and incur taxes. 

These purportedly unsuitable recommendations which caused investors to lose money, occurred while Patatian was with Western International Securities in Westlake Village, CA. (After leaving that brokerage firm in 2020, he became a Supreme Alliance broker for less than a year in Charlotte, North Carolina.) 

Non-Traditional Investment Losses

If you were an investor who sustained investment losses while working with Mark Alan Cline, contact Shepherd Smith Edwards and Kantas, LLP (SSEK Law Firm) today. Our brokerage firm misconduct lawyers work with clients who have suffered financial losses due to the negligent, fraudulent or other wrongful actions of their financial representatives.

Based out of Wildwood, Florida, Cline operates the Cline Financial Group.  According to its website, Cline Financial Group offers what are known as non-traditional investments such as Real Estate Investment Trusts (“REITs”), Delaware Statutory Trusts (“DSTs”) and Non-Traded Preferred Stocks.  Based on Cline’s official record with the Financial Industry Regulatory Authority (“FINRA”), the entity that regulates all brokerage firms and advisors, he is an employee of National Securities Corporation.

Investors who placed their funds in the Texas-based United Development Funding IV real estate investment trust are asking a federal judge to approve a $13.5M REIT fraud settlement they’d reached with the company over the allegations that it had been run like a Ponzi-like scam and concealed this. The plaintiffs contend that UDV IV and its affiliates not only made false statements but also they did not disclose material facts involving business and operations.

They brought their REIT fraud case against the UDF companies three years ago, accusing the defendants of using investors’ funds from newer offering to pay investors who had gotten involved in earlier offerings. The investors, who want class certification, alleged that disclosures they were offered were misleading and lending practices lacked transparency.

Both sides eventually arrived at the $13.5M settlement—$10.5M in cash and another $3M once the REIT hits its $75M cash flow target in two years. This deal is separate from a settlement the plaintiffs reached with UDF accountants, as well as those that underwrote and sold the allegedly fraudulent offerings.

American Realty Capital Properties’ (ARCP) credit rating was just downgraded to junk status by Moody’s Investors Service (MCO). The credit rater is now rating the real estate investment trust with a Ba1, which is just under investment grade. Moody’s has also given ARCP a negative outlook. The downgrade comes following this week’s management shakeup at the REIT and its disclosure several weeks ago of massive accounting irregularities that were covered up.

This week, American Reality Capital Properties’ chairman and founder Nicholas Schorsch stepped down, as did COO Lisa Beeson and chief executive David Kay. In October, ARCP’s chief accounting officer and CFO also resigned after an $23 million accounting mistake was announced.

The change in management comes weeks after the REIT disclosed that it misstated financial results in 2014’s first quarter and purposely concealed the error by misrepresenting second quarter results. After the REIT revealed the $23 million accounting error, a number of firms suspended trading in nontraded real estate investment trusts that were run and backed by companies under Schorsch. The firms included Fidelity, Charles Schwab (SCHW), Pershing, LPL Financial (LPLA), AIG Advisor Group, National Planning Holding, Securities America, and even Schorsch’s Cetera Financial Group broker-dealer network.

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