Articles Tagged with securities arbitration

Popular Securities broker Jose Ramon Martinez has six pending customer complaints on his CRD, including a customer complaint filed in late October 2020 claiming $500,000 in losses. The claims allege that recommendations to invest in Puerto Rico securities were unsuitable given the clients’ risk tolerance and Puerto Rico’s well-known deteriorating financial condition.

Mr. Martinez (CRD#: 1402991) has been in the securities industry for 33 years. He has been registered with Popular Securities in San Juan, Puerto Rico, since 2008.

Mr. Martinez has been the subject of twenty-one customer complaints, most of which allege violations similar to those outlined in the pending case filed in 2020: unsuitable recommendations, overconcentration, and misrepresentation related to Puerto Rico municipal bonds and closed-end funds.

**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

A recently filed FINRA customer complaint alleges that a former LPL Financial and Ameriprise Financial Services broker recommended unsuitable investments in a number of business development companies (BDCs) and real estate investment trusts (REITs), as well as other high-commission illiquid investment recommendations. The allegations focus on the broker’s time with LPL Financial from 2006 to 2015 and with Ameriprise Financial Services from 2015 to 2016. Claimants’ statement of claim, which was filed on or around September 9, 2020, seeks damages of $3.9 million.

Iorio Altamirano LLP is interested in speaking with any customers who may have suffered losses in their business development companies (BDCs) and real estate investment trusts (REITs) investments.  If you have lost money with LPL Financial or Ameriprise Financial Services, contact New York securities arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

Business Development Companies (BDCs)

Investing your money is a great way to grow your wealth, save for retirement, and reach your financial goals.  If you invest in the appropriate products, you can also receive income from investments, build on-pre-tax dollars, or reduce taxable income.

If you do not invest, you miss out on opportunities to increase your wealth.  However, all investments carry risk, and when you invest, you have the potential to lose money.

There are many different types of investments.  Some common types of investments include stocks, bonds, certificates of deposit, mutual funds, money market funds, exchange-traded funds, and annuities.  There are also more complex investment vehicles, such as real estate investment trusts (REITs), unit investment trusts (UITs), hedge funds, commodities, and private placements.

When an investor suffers harm, including investment losses, due to misconduct by a financial advisor or broker-dealer, the investor can file a securities arbitration claim against their financial advisor and/or broker-dealer in an effort to be compensated. The case will be presented and defended in an arbitration proceeding to a panel of arbitrators instead of a court of law in front of a judge and jury.

Arbitration is the primary forum for resolving disputes between investors and brokerage firms or financial advisors because the parties have contractually agreed to use arbitration as an alternative dispute resolution process. When an investor opens an account with a broker-dealer, the investor is required to sign an array of account opening documents. These account opening documents regularly include an arbitration clause, which requires that arbitration be used as an alternative to litigation. This requirement is often a contractually binding obligation for both parties. As a result, disputes between investors and financial advisors or brokerage firms are resolved in arbitration as an alternative to court.

The Financial Industry Regulatory Authority (FINRA) is authorized by Congress to regulate the financial services industry and operates the largest arbitration forum for securities disputes. Most securities arbitrations take place using FINRA’s Dispute Resolution Services’ arbitration forum because, as FINRA members, financial advisors and brokerage firms are required to arbitrate customer complaints upon the filing of a claim through FINRA.

On December 22, 2020, a FINRA Dispute Resolution Services arbitration panel in Boca Raton, Florida, ordered UBS Financial Services, Inc. to pay a customer $89,675 in compensatory damages.  After considering the pleadings, the testimony and evidence presented at the hearing, the arbitration panel concluded that the UBS Yield Enhancement Strategy (“YES”) was not suitable for the investor, Gerald S. Backman, a retired partner at corporate law firm Weil Gotshal & Manges.

Many UBS customers, including wealthy and sophisticated investors, who invested in UBS’s Yield Enhancement Strategy have filed lawsuits against UBS in the form of FINRA arbitrations to recover financial losses.   The customers have claimed that the strategy was not suitable for them and that UBS materially misrepresented and omitted the product’s risks.

Investors who have suffered investment losses due to UBS’s Yield Enhancement Strategy should contact experienced securities arbitration attorneys at Iorio Altamirano LLP for a free and confidential case evaluation.  Partner August Iorio, who has been investigating YES for nearly two years, can be reached at august@ia-law.com or toll-free at (855) 430-4010.

FINRA has suspended financial advisor Timothy David O’Brien from the securities industry for a 45-day period. He was also fined $10,000. O’Brien was registered with Feltl & Company in Inver Grove Heights, MN, from May 2012 until August 2020. He is currently not registered.

 If you have lost money with Timothy David O’Brien, contact New York securities arbitration lawyers Iorio Altamirano LLP for a free and confidential evaluation of your account.

Timothy David O’Brien and FINRA entered into a Letter of Acceptance, Waiver, and Consent (“AWC”) on November 24, 2020, over allegations that O’Brien placed two unauthorized trades in a customer’s account in October 2017. Specifically, O’Brien sold a limited partnership position in a customer’s account and purchased Class A shares of a mutual fund. O’Brien did not have the authorization to make the transactions. He attempted to call the customer to discuss the trades but did not reach her before executing the transactions. The customer complained to Feltl about O’Brien’s unauthorized trades in her account but ultimately declined to reverse the transactions.

In October 2020, FINRA suspended financial advisor Neemit M. Shah (CRD #4812480) for six months from the securities industry and ordered him to pay a $5,000 fine.  These sanctions arose from Mr. Shah’s solicitation of Future Income Payments, LLC.  This blog has previously written about Future Income Payments, LLC.

FINRA alleged that between March 2016 and April 2016, Neemit Shah participated in private securities transactions totaling $408,000, without prior disclosure and approval from his employer at the time, MML Investors Services, LLC.  Specifically, FINRA alleged:

  • From March through April 2016, Shah solicited investors to purchase $408,000 in securities of Future Income Payments, LLC.

In June 2020, FINRA suspended financial advisor Micha W. Patterson (CRD #5562392) for one month from the securities industry and ordered him to pay a $5,000 fine.  These sanctions arose from Mr. Patterson’s solicitation of Future Income Payments, LLC.  This blog has previously written about Future Income Payments, LLC.

FINRA alleged that between June 2017 and November 2017, Micah Patterson participated in private securities transactions totaling $30,644 without prior disclosure and approval from his employer at the time, MML Investors Services, LLC.  Specifically, FINRA alleged:

  • From June through November 2017, Patterson solicited an investor to purchase $30,644 in securities of Future Income Payments, LLC.

FINRA has suspended stockbroker David T. Phillips (CRD #3094195) for nine months from the securities industry and ordered him to pay a $5,000 fine.  These sanctions arose from Mr. Phillips’ solicitation of Future Income Payments, LLC.  This blog has previously written about Future Income Payments, LLC.

FINRA alleged that between May 2017 and April 2018, David Phillips participated in private securities transactions totaling $876,636, without prior disclosure and approval from his employer at the time, ProEquities, Inc.  Specifically, FINRA alleged:

  • Between May 2017 and April 2018, Mr. Phillips solicited eight investors to purchase $876,363 in securities of Future Income Payments, LLC.
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