Articles Tagged with securities arbitration

The Financial Industry Regulatory Authority (“FINRA”) has suspended financial advisor Kevin McCallum from the securities industry for one year.  Mr. McCallum consented to the suspension after FINRA alleged that from May 2017 through June 2019, while associated with LPL Financial LLC in Birmingham, Alabama, he made unsuitable recommendations to 12 customers, resulting in their overconcentration in a high-risk, publicly-traded business development company (BDC), believed to be Medley Capital Corporation.

Additionally, FINRA alleged that during the same period, Mr. McCallum sent emails to customers about the BDC that contained unwarranted and exaggerated claims, opinions, and forecasts, did not provide fair and balanced treatment of the risks and benefits of the investment, and contained promissory statements in violation of FINRA rules.

In addition to the suspension, Mr. McCallum was ordered to pay a $25,000 fine, disgorge $14,231 of commissions, and pay over $1.2 million in restitution to customers. However, it is unclear whether he will be able to satisfy the restation order and repay customers.

A FINRA arbitrator in Jackson, Mississippi, has found E*Trade Securities LLC liable for failing to execute a trade properly and ordered the online brokerage firm to pay its customer over $31,000 (the “Award”).

According to the Award, the customer, Mr. David White, filed a claim against E*Trade in early February 2021, alleging that the firm failed to execute his order at the original limit price, not the higher trading price that the option was priced at the time.

E*Trade was also ordered to pay interest on the $31,150 in compensatory damages at a rate of 8% per annum from January 27, 2021, until the date of payment of the Award.

FINRA has suspended former Lakeridge Capital Inc. broker John Braddock from the securities industry for 5 months for preparing and distributing a private placement memorandum that negligently misrepresented and omitted facts relevant to an investment in a private placement. The alleged misconduct is said to have taken place between September 2018 and April 2021.

If you have lost money with John Braddock, or Lakeridge Capital Inc., contact FINRA arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

Iorio Altamirano LLP represents investors nationwide that have disputes with their financial advisors or brokerage firms, such as Lakeridge Capital Inc.

**Update:  April 30, 2022** On November 19, 2021, the FINRA Office of Hearing Officers entered a default decision barring Mr. Giovannelli from associating with any FINRA member firm in any capacity for providing falsified documents and false testimony to FINRA staff and engaging in unauthorized trading in a customer account.  For the unauthorized trading, Mr. Giovannelli was also ordered to pay $1,494 in restitution, plus interest, to the customer.  In light of the bars, the hearing officers did not impose any additional sanctions for Mr. Giovannelli’s discretionary trading without written authorization in four additional customer accounts.

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FINRA Files Enforcement Action Against Financial Broker Michael Giovannelli, Formerly of Spartan Capital Securities, for Unauthorized Trades in an Elderly Customer’s Account

FINRA’s Department of Enforcement has filed a Complaint against former Allstate Financial Services, LLC broker Elizabeth Ann Sollars for failing to provide information and documents and for failing to appear and provide testimony to FINRA pursuant to FINRA Rule 8210.

FINRA requested the information in connection with its investigation into allegations that Sollars misappropriated insurance customer premium payments while registered with her firm.

The Complaint was filed on June 7, 2021.

FINRA has suspended broker Scott Niekamp from the securities industry for three months for engaging in two outside business activities without providing prior written notice to his firm, Northwestern Mutual Investment Services, LLC. Additionally, Niekamp loaned money to a firm customer in violation of the firm’s written supervisory procedures and FINRA rules.

Niekamp’s suspension is scheduled to begin on July 7, 2021, and end on October 5, 2021. He was fined $10,000.

If you have lost money with Scott Niekamp, or Northwestern Mutual Investment Services, LLC, contact FINRA arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

The Financial Industry Regulatory Authority’s Department of Enforcement has filed a disciplinary proceeding complaint against financial advisor Marc Reda.  The complaint alleges that from January 2017 to December 2019, while associated with Spartan Capital Securities, LLC, Mr. Reda recommended to all of his customers an investment strategy – actively trading in anticipation of corporate announcements – that was unsuitable because he failed to consider that the substantial commissions and costs associated with his investment strategy made it unlikely that his customers could profit from it.

The recommended strategy and its high total costs allegedly harmed his customers.  The complaint alleges that across 66 customer accounts in which Mr. Reda executed ten or more trades connected with his unsuitable investment strategy, Mr. Reda charged $952,764 in commissions and fees, while the customers lost $934,482.

If you or a loved one were a customer of broker Marc Augustus Reda or Spartan Capital Securities, LLC,  contact securities arbitration law firm Iorio Altamirano LLP for a free and confidential review of your legal rights.

FINRA has suspended former LPL Financial LLC broker Jason Howell Poff from the securities industry. According to an Office of Hearing Officers (“OHO”) order, Poff engaged in two outside business activities without his firm’s approval.

Poff’s suspension began on June 7, 2021, and is scheduled to end on September 6, 2021. He was also fined $5,000.

If you have lost money with Jason Howell Poff, or LPL Financial LLC, contact FINRA arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

FINRA has fined Oppenheimer $525,000 for negligently misrepresenting cost basis information on more than 1,000 customer account statements and Forms 1099. The firm was also censured and consented to conduct a comprehensive review of the adequacy of its procedures, systems, and controls to track and report cost basis information relating to customer securities transactions.

Oppenheimer is a full-service broker-dealer that is headquartered in New York, New York. The firm has been a FINRA member since 1945. It has approximately 140 branch offices and over 1,900 registered representatives. 

If you have lost money with Oppenheimer, contact FINRA arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

FINRA has barred former WestPark Capital broker Gregory Walter McCloskey from the securities industry. According to an Office of Hearing Officers (“OHO”) order, McCloskey participated in two undisclosed private securities transactions involving a customer who was an elderly, retired widow and then sought to conceal these transactions from his member firms and FINRA.

If you have lost money with Gregory Walter McCloskey, or WestPark Capital, contact FINRA arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account. 

FINRA Disciplinary Proceeding No. 2018059242801

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