Problem Brokers

BROKER REPORT: Over Ten Customer Complaints Against Michael Fasciglione

August 20, 2015 | Malecki Law Team

The securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints against stockbroker Michael Fasciglione. Mr. Fasciglione is believed to be registered with National Securities Corporation, based out of Mineola, NY. He has also recently been registered with Oppenheimer & Co. and First Montauk Securities, according to industry records.

According to BrokerCheck, as maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Fasciglione has been the subject of more than 10 customer complaints. Stretching back as far as 1995, Mr. Fasciglione has been accused of recommending unsuitable investments to customers, breach of fiduciary duty, churning, excessive trading, fraud, unauthorized trading, taking excessive risk, misrepresentations, allowing a customer’s account to exceed comfortable margin balances, and charging excessive commissions, per FINRA records.

Of these customer disputes, FINRA records indicate that some customers received back tens of thousands of dollars in connection with their complaints. One customer reportedly received back $300,000 in connection with an unauthorized trading complaint, while another reportedly received $120,000 in a suitability claim.

Former Raymond James Financial Broker Paul F. Gans Jr. Suspended For Loaning Money to Clients

August 19, 2015 | Malecki Law Team

One of the well-known and strictly enforced rules in the securities industry is that brokers should not enter into undisclosed private loan transactions with their clients. A Letter of Acceptance, Waiver and Consent (AWC) was recently accepted by the Financial Industry Regulatory Authority’s (FINRA’s) Department of Enforcement from Paul F. Gans, Jr., who was employed as a registered broker by Raymond James Financial, Inc. up until November 2014. According the AWC, Mr. Gans inappropriately loaned money to a “family friend” in exchange for a three-year promissory note bearing 8% annual interest, without disclosing the transaction to his employer and ensuring it complied with his employer’s policies and procedures. Mr. Gans was accused by FINRA of violating FINRA Rule 3240 (Borrowing from or Lending to Customers) and Rule 2010 (Standards of Commercial Honor and Principles of Trade).

Rule 3240 prohibits brokers from borrowing from or lending to customers, unless the transaction is permitted by the employing firm after disclosure and in compliance with the firm’s policies and procedures. According to the AWC, Mr. Gans did not disclose the promissory note transaction to his employer.

As detailed in the AWC, Mr. Gans was suspended from association with any FINRA member for ten business days, and fined $5,000. The firm, Raymond James Financial, Inc., disclosed on FINRA BrokerCheck that Mr. Gans was discharged for his lack of disclosure of an outside business activity, which may or may not refer to the promissory note transaction. It was also disclosed on FINRA BrokerCheck that Mr. Gans was also discharged from his prior employer Morgan Stanley Dean Witter in 2000 for also violating that firm’s policies and procedures, that time for mailing correspondence without prior approval. FINRA BrokerCheck also revealed that Mr. Gans was the subject of one customer complaint in 1994 for allegedly failing to inform a client in the decline in value of a “mutual investment,” which claim was settled by Morgan Stanley Dean Witter.

BROKER REPORT: Churning Complaints Regarding Dwarka Persaud

August 18, 2015 | Malecki Law Team

The securities fraud attorneys are interested in hearing from investors with complaints involving Dwarka Persaud. Per his BrokerCheck Report, maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Persaud is a registered stock broker with Buckman, Buckman & Reid, based out of Shrewsbury, NJ.

Mr. Persaud’s BrokerCheck Report indicates that he has been the subject of at least six customer complaints. At the center of several of these complaints was churning and excessive commissions. Churning is the frequent,over-trading of a customer’s account by the broker to generate high commissions paid by the customer, benefitting the broker and the firm. Churning is against the law and industry regulations.

Mr. Persaud is reportedly the subject of at least two currently pending customer complaints, each alleging and “unauthorized trading.” One of these complaints also alleges churning. The other alleges that the unauthorized trading caused more than $45,000 in losses.

Malecki Law Announces Investigation into Dennis C. Lee, Former AXA Advisors Broker

August 13, 2015 | Malecki Law Team

Malecki Law is investigating potential claims by investors relating to Dennis C. Lee, a former AXA Advisors, LLC broker who was recently terminated by the firm in April 2015. According to Mr. Lee’s publicly available Financial Industry Regulatory Authority (FINRA) BrokerCheck report, he was “discharged for failing to disclose financial issues requiring Form U4 amendments, mismarking trade tickets, and placing securities trades away from AXA.” If substantiated, each of these failings could be potentially serious violations of securities laws and rules.

According to Mr. Lee’s BrokerCheck report, he has had other legal issues, including one FINRA Arbitration proceeding that was filed by a customer in February 2015 alleging that he made unsuitable investment recommendations, transferred funds to a new account without the customer’s knowledge or consent, engaged in unauthorized trading and submitted policy documents containing a forged signature. The BrokerCheck report also details two settlements between Mr. Lee and American Express and Ballys Park Place Casino Resort.

It is believed that other investors may have been misinformed about trading that may have taken place in their accounts that were managed by Mr. Lee. It is further believed that Mr. Lee may have used his ethnicity and religious background to obtain clients. The SEC has cautioned investors against affinity fraud, which refers to investment scams that prey on members of religious or ethnic communities, the elderly or other professional groups. More information regarding affinity and other investment-related fraud can be found on the Malecki Law website.

Former Park Avenue Securities, LLC Broker Robert Michael Diehl Suspended by FINRA

August 5, 2015 | Malecki Law Team

Beware of alternative investments. A Letter of Acceptance, Waiver and Consent (AWC) was recently accepted by the Financial Industry Regulatory Authority’s (FINRA’s) Department of Enforcement from Robert Michael Diehl. Mr. Diehl was accused of bypassing firm policy in order to sell equity indexed annuities (“EIAs”) while a registered representative of Park Avenue Securities LLC. Specifically, Mr. Diehl was accused of violating FINRA Rules 2010 (Standards of Commercial Honor and Principles of Trade) and 3270 (Outside Business Activities of Registered Persons).

Equity indexed annuities are alternatives to fixed rate or variable rate annuities. They are characterized by yielding interest returns at least partially based on equity indexes, such as the S&P 500, rather than mutual funds that are used in variable annuities. They are generally considered complex investments that typically yield high commissions to the selling brokers and high penalties to investors for early termination.

According to the AWC, between September and October 2014, Mr. Diehl sold EIAs to two customers. The AWC detailed that according to the firm’s compliance manual, Mr. Diehl was required to have the customers complete a non-brokerage account application for the EIAs sales, provide the customers with an Explanation of Investment form for EIAs, and submit these completed forms to his supervisor for review.

Broker Brian Berger Barred From Securities Industry Over Questions Concerning Misappropriation of Customer Funds

July 31, 2015 | Malecki Law Team

According to a recent Acceptance, Waiver & Consent (“AWC”) submitted by broker Brian Berger with the Financial Industry Regulatory Authority (FINRA), Mr. Berger has been banned from associating with a broker-dealer in the securities industry. According to the AWC, in June 2015 FINRA “initiated an investigation into allegations that Mr. Berger had misappropriated funds from elderly customers with registered with Wells Fargo Advisors LLC and MetLife Securities, Inc.” Mr. Berger was reported to be licensed by Wells Fargo Advisors, LLC from July 2010 through July 2014, and with MetLife Securities, Inc. from July 2014 to April 2015. It is further reported that he was briefly licensed by a different broker-dealer named Newbridge Securities Corporation from April to June 2015.

As stated in the AWC, Mr. Berger did not to voluntarily participate in FINRA’s investigation, and as a result was barred from the securities industry.

Mr. Berger’s publicly available CRD Report describes several customer complaints that he has faced since 2011. The CRD Report shows that a customer alleged that there were unauthorized payments made against the customer’s account for discover card accounts owned by the financial advisor. Though reported that the customer alleged damages of approximately $175,000, the allegations were reported as settled for approximately $186,000.

Former Securities America, Inc. Broker Adrian S. Lauer Suspended and Fined

July 30, 2015 | Malecki Law Team

A Letter of Acceptance, Waiver and Consent (AWC) was recently accepted by Financial Industry Regulatory Authority’s (FINRA’s) Department of Enforcement from Adrian S. Lauer. Mr. Lauer was accused of failing to disclose outside business activities on his Form U4 and to his employer. Specifically, Mr. Lauer was accused of violating FINRA Rules 2010 (Standards of Commercial Honor and Principles of Trade) and 3270 (Outside Business Activities of Registered Persons).

It was alleged that from April 2011 through March 2014, Mr. Lauer participated in a 401(k) advisory business and worked as a webmaster for a college alumni club while employed at Securities America, Inc. The AWC detailed that Mr. Lauer failed to disclose his participation in the advisory business, but later sought approval from the firm. It was alleged that although the firm denied the request regarding the advisory business, Mr. Lauer also continued to participate in this business. The AWC further detailed that while Mr. Lauer sought approval of his college alumni club activities after he had already begun participating, the firm informed him of the steps he needed to take for the firm to grant his request but he never followed the steps, still choosing to participate in the outside business activity.

The AWC detailed that as a result of his violations, Mr. Lauer consented to a 60-day suspension and a $5,000 fine.

Top Broker Thomas Buck: First Fired, Now Barred

July 29, 2015 | Malecki Law Team

According to a Letter of Acceptance Waiver and Consent filed with the Financial Industry Regulatory Authority (“FINRA”), Thomas Buck has been barred by FINRA from working with any FINRA member firms. Mr. Buck was a former top broker at Bank of America Merrill Lynch and was at the time a broker at RBC Wealth Management.

Mr. Buck was a registered broker at Merrill Lynch’s Carmel, Indiana office, which was part of the firm’s Indiana complex. While at Merrill Lynch, Mr. Buck, who reportedly oversaw $1.3 billion in assets, was accused of failing to discuss pricing alternatives with customers, among other allegations. In addition, Mr. Buck was accused of unauthorized trading and using discretion in customer accounts improperly and in violation of FINRA Rules.

Buck was reportedly fired from Merrill Lynch in March. Just four months after, he was reported as being barred from working at any FINRA-associated broker-dealer. According to FINRA, Mr. Buck used commission-based accounts even though fee-based accounts would have been less expensive for clients. In some cases, clients were allegedly charged significantly more in commissions by virtue of the fact that they were not placed in fee-based accounts.

Massachusetts Charges Securities America and Broker Barry Armstrong over Misleading Radio Ads Aimed at Seniors

July 28, 2015 | Malecki Law Team

Per reports, William Galvin, the Secretary of the Commonwealth of Massachusetts, recently filed complaints against Securities America and its broker Barry Armstrong over allegedly misleading advertisements that targeted vulnerable seniors.

Securities America allegedly participated in and failed to supervise Mr. Armstrong, in conducting a misleading radio advertising campaign. In what has been described as a “bait and switch” technique, Mr. Armstrong reportedly ran the Alzheimer’s disease ads as a pretext to obtain the contact information needed to sell another service.

Mr. Armstrong, who hosts his own radio show, was said to have run ads on various AM radio stations that instructed listeners to call him for free information on Alzheimer’s disease. Once listeners called in, their contact information was allegedly used to advertise financial services. According to reports, these deceptive ads were submitted to Securities America for review and were all approved by the firm.

Four Brokers Barred from Securities Industry in Settlement with FINRA Over Misrepresented Mining Industry Private Placement Investments

July 10, 2015 | Malecki Law Team

On July 1, 2015, the Financial Industry Regulatory Authority (FINRA) accepted settlement offers from brokers Jonah Engler, Hector Perez, Jonathan Michael Sheklow and Joshua William Turney for their roles in selling fraudulent investments to 59 customers. According to FINRA’s Orders Accepting Offers of Settlement, these individuals sold $3 million worth of Senior Secured Zero Coupon Notes issued by a company called Metals, Milling and Mining LLC. Mr. Engler himself has settled 11 customer complaints over the years, according to the FINRA CRD system. The Orders state that each of the brokers has been barred from associating with any FINRA member in the future.

As reported in the Orders, the Notes were sold upon misrepresentations that they would return 100% within one year by extracting valuable minerals left over from mining operations. The Orders detailed that all investors, except for three, lost all of the money they invested, with those three investors being repaid with money from new investors, a classic sign of a Ponzi scheme.

The Order stated that the company that issued the notes was partially owned or controlled by a Managing Partner of the brokerage firm that the above brokers worked for. When a brokerage firm owns a company that issues securities, this may create a conflict of interest between the broker-dealer and the customer, because the securities may be recommended in order for the brokerage firm to make money, and not because it is suitable or in the best interest of the customer.