Articles Tagged with elder abuse

**Update: November 11, 2021** On November 8, 2021, Aegis  Capital Corp agreed to pay nearly $2.7 million in sanctions for supervisory failures related to excessive and unsuitable trading by its brokers from July 2014 through December 2018.   Click on the following link to read more:  Aegis Capital Corp. Ordered to Pay Nearly $2.7 Million for Supervisory Failures Related to Rampant Excessive and Unsuitable Trading

Customers of Aegis Capital, including customers that have been notified that they may be receiving restitution, should consult with a securities arbitration law firm.  If you or a loved one were a customer of Aegis Capital, contact  New York securities arbitration law firm Iorio Altamirano LLP for a free and confidential consultation and review of your legal rights.

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On January 20, 2021, a Financial Industry Regulatory Authority Hearing Officer barred Bryan G. Mazliach from the securities industry for:

  • Recommending and effecting an unsuitable investment strategy to five customers involving in-and-out, short-term, and excessive trading.
  • Executing unauthorized trades in the accounts of eight customers.

**Update 4/14/2021** Iorio Altamirano LLP is currently investigating Newbridge Securities Corporation, Money Concepts Capital Corp, and Dustin Shafer for recommending that clients invest in private placement securities issued by GPB Capital.  The GPB funds, which are private securities offerings exempt from registration with the Securities and Exchange Commission (SEC), are inherently risky investments. These investments are suitable only for highly sophisticated investors who understand the risks and can afford a significant monetary loss. Unfortunately, many brokerage firms and brokers sold the GPB Capital securities to retirees and unsophisticated investors because they paid a high up-front commission.

If you have suffered financial losses as a result of any of the following GPB private placement offerings, contact Iorio Altamirano LLP for a free and confidential review of your legal rights:

  • GPB Automotive Portfolio, LP

FINRA has barred financial advisor Michael Edward Magill (CRD #2024663) from the securities industry.  Michael Magill was a stockbroker at Foreside Fund Services, LLC, in Portland, Maine, from August 2017 until January 2019.

If you have lost money with Michael Magill, contact New York securities arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

Mr. Magill has been a financial advisor and registered representative at the following firms:

Registration Dates    Firm Name Branch Location
August 2017 – January 2019 Foreside Fund Services, LLC Portland, Maine
August 2016 – July 2017 Crossroads Capital Distributors, LLC Newport Beach, California
December 2004 – December 2015 Janus Distributors LLC Denver, Colorado
January 2000 – January 2005 Davis Distributors, LLC Tucson, Arizona
January 1996 – January 1997 TCC Securities Corporation San Francisco, California
July 1995 – January 1996 Phoenix Securities, Inc. San Rafael, California
June 1994 – November 1994 Continental Capital Group, Inc.  
May 1991 – November 1992 John Hancock Distributors, Inc. Boston, Massachusetts
May 1991 – November 1992 John Hancock Mutual Life Insurance Company Boston, Massachusetts
January 1990 – July 1990 *Hibbard Brown & Co., Inc. New York, New York

*FINRA expelled Hibbard Brown & Co., Inc. on February 22, 1996

Michael Magill and FINRA entered into a Letter of Acceptance, Waiver, and Consent (“AWC”) on December 7, 2020, over allegations related to Magill recommending private securities transactions to three investors. The securities sold to the investors were not legitimate investments and the three investors, who were not customers of Foreside Fund Services, LLC, lost their entire investment, totaling $700,000.  Specifically, FINRA alleged:

  • On December 3, 2018, while registered with Foreside Fund Services, LLC, Mr. Magill began working on behalf of a private issuer to find potential investors for a principal-protected note offered by the issuer.
  • Magill contacted prospective investors, provided them with marketing materials, explained the investment and terms of the note, and directed them to the issuer’s website to complete the paperwork necessary to make the investment.
  • In December 2018, Mr. Magill recommended the principal-protected note to three investors, who invested a total of $7000,000.
  • The first investor was 78 years old at the time of the investment and invested $100,000.
  • A second investor invested $250,000, and a third investor invested $100,000.
  • The investors were not customers of Foreside Fund Services, LLC.
  • To entice the prospective investors, Mr. Magill offered higher interest rates for immediate investments and told the investors that the investment was only available for a short time.
  • Magill earned $14,000 in commissions, a bonus for securing investments by the end of 2018, and the salary the private issuer paid him.
  • Before recommending the principal-protected note, Mr. Magill failed to conduct reasonable diligence to understand the features and risks of investing in the note.
  • In February 2019, federal authorities shut down the private issuer’s offices.
  • An executive of the private issuers and Mr. Magill’s supervisor at the private issuer both pled guilty to conspiracy to commit wire fraud and sentenced to prison. Another executive died in custody while awaiting trial.
  • Foreside Fund Services, LLC required its financial advisors to receive the firm’s written approval prior to participating in the transaction.
  • Magill did not provide written notice to Foreside Fund Services, LLC and received no written approval to participate in the three private securities transactions.

When a financial advisor solicits a customer to participate in a securities transaction that is not offered or approved by the advisor’s employing brokerage firm, it is often referred to as selling away.

This blog has previously written about other recent selling away allegations:  Future Income Payments, LLC.

Brokerage firms like Foreside Fund Services, LLC must properly supervise financial advisors and customer accounts.  Brokerage firms must also establish and maintain a reasonably designed system to oversee account activity, such as private securities transactions, to ensure compliance with securities laws and industry regulations.   When a brokerage firm fails to sufficiently supervise its financial advisors or the investment account activity, it may be liable for investment losses sustained by customers.

If you have lost money with Michael Edward Magill or Foreside Fund Services, LLC, contact New York securities arbitration lawyer August Iorio of Iorio Altamirano LLP. August Iorio can be reached at august@ia-law.com or toll-free at (855) 430-4010 for a free and confidential review of your account.

Iorio Altamirano LLP is a boutique law firm located in the heart of New York City. Iorio Altamirano LLP represents investors nationwide who have suffered investment losses due to securities fraud.

FINRA has sanctioned Coastal Equities, Inc. for its failure to reasonably supervise a stockbroker who recommended excessive and unsuitable trades in the accounts of customers.   Coastal Equities, Inc. was censured and ordered to pay $270,320 in restitution to clients, plus $9,589 in interest.

FINRA alleged that between October 2016 and July 2018, Coastal Equities, Inc. failed to reasonably supervise a financial advisor that recommended excessive and unsuitable trading in accounts of four customers.  FINRA also alleged that the financial advisor was making unsuitable recommendations to purchase securities using margin in two of those accounts.  According to the allegations, the financial advisor’s supervisor became aware of multiple instances of unsuitable trading but failed to respond reasonably.

Based on public records, it is believed that the financial advisor at issue is Sam Aziz.  Mr. Aziz worked at Coastal Equities in the Dublin, Ohio branch from September 2015 through July 2018.  In 2019, Mr. Aziz was barred by FINRA from the securities industry.   He has also been the subject of numerous customer complaints.

FINRA has permanently barred stockbroker Vonna Kay Husby from the securities industry.  The expulsion was handed down by FINRA because Ms. Kay Husby ceased cooperating with FINRA in connection with FINRA’s investigation into whether Husby served as a Power of Attorney and opened an undisclosed bank account that she allegedly co-owned with one of her elderly customers.

Vonna Kay Husby was a financial advisor at Raymond James Financial Services, Inc. in Fairbanks, Alaska, from August 2003 until May 2019.   Raymond James terminated her employment on May 9, 2019, alleging that Ms. Kay Husby was a co-owner on a bank account with a customer without providing disclosure to or receiving approval from the firm.

Being an undisclosed beneficiary in a customer account is a serious violation as it may give rise to misconduct, including potential conflicts of interest, or worse, elder abuse.

**Update: 3/22/2021** Ms. Cowden has been the subject of two additional customer disputes since November 2020.  First, in November 2020, a customer filed a securities arbitration complaint alleging $400,000 in damages concerning a real estate security recommendation.   The causes of action included breach of fiduciary duty, unauthorized trading, and elder abuse.   Second, in January 2021, a customer filed a written complaint with NPB Financial Group, LLC alleging $350,000 in damages related to an unsuitable investment recommendation.  The customer has not yet filed a securities arbitration complaint.  If you or a loved one were a customer of Diane Cowden, contact securities arbitration law firm Iorio Altamirano LLP for a free and confidential review of the investment or retirement accounts.

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Financial Advisor Cynthia Diane Cowden (CRD# 2054676) BARRED by FINRA for Recommending High- Risk Investments to Three Senior Customers – Lake Isabella, CA

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