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The Wall Street Journal, on September 12, 2018 (“FANG Stock Play Can Fall Short”), noted that investors looking to reap the gains of highflying technology stocks while avoiding risk – through the purchase of “auto-callable” structured note products – are finding they can’t do both. These notes have gained popularity among various investor profiles, from […]
Laverty was named a respondent in a FINRA complaint alleging that that during consecutive associations with several member firms, he borrowed $1,350,000 from an elderly married couple in violation of each firm’s policies. The complaint alleges that three of the firms prohibited their representatives from borrowing money from their customers. Although a firm permitted loans […]
Bakhtiari & Harrison continues its thorough investigation into the sales practices of Mark Heiden, a broker with Wedbush, particularly scrutinizing his management of client accounts and the significant overconcentration of investments in energy-related stocks, including those recommended by Wedbush. The specific investments under review include: Energy XXI Bermuda Ltd. Clearbridge American Energy MLP Goldman Sachs […]
An AWC was issued in which the firm was censured and fined $250,000. Without admitting or denying the findings, the firm consented to the sanctions and to the entry of findings that it failed to supervise certain of its registered representatives to ensure their compliance with FINRA rules relating to outside business activities, private securities […]
An AWC was issued in which the firm was censured and fined $110,000. FINRA Issues AWC Concerning Wedbush Securities Without admitting or denying the findings, the firm consented to the sanctions and to the entry of findings that it engaged in trading unit aggregation but failed to ensure that individual traders were assigned to only […]
Panel Discussion Details The panel discussion will cover a range of topics, issues, and procedures critical to arbitrating expungement matters. Participants can expect to gain insights into the preparation and execution of expungement hearings, including best practices for presenting cases and navigating the arbitration process. This session is particularly relevant for legal professionals involved in […]
In recent times, Oppenheimer & Co. has undergone significant changes in its management structure, reflecting the evolving landscape of the financial services industry. The shifts are part of a broader strategy to adapt to new market conditions and client needs, ensuring that the firm remains competitive and continues to provide exceptional service to its clients. […]
Action Taken on 35 of 51 Recommendations to Date Understanding FINRA’s Role in Dispute Resolution The Financial Industry Regulatory Authority today released a status report on the recommendations made in the Dispute Resolution Task Force’s Final Report issued in December 2015. In July 2014, a 13-member task force composed of individuals representing a broad range of interests in securities dispute resolution was […]
On September 28, 2016, the U.S. Securities & Exchange Commission announced that it had imposed severe monetary penalties on UBS Financial Services in connection with the firm’s activities involving nearly $10.7 billion of stock-linked reverse convertible notes (“RCNs”) that had been sold to approximately 44,000 customer accounts between 2011 and 2014. (“In the Matter of […]
Ryan Bakhtiari has been invited to participate as a speaker at the 2016 Practicing Law Institute (PLI) conference program on Wednesday, September 28, 2016. The PLI Securities Arbitration program is held at the PLI New York Center and also online by webcast. The program brings together legal professionals with securities industry regulators to discuss hot […]
Oil and gas company Breitburn Energy Partners LP has filed for Chapter 11 bankruptcy protection, citing continued declines in oil prices which have eroded its balance sheet. Breitburn Energy Partners Los Angeles-based Breitburn (Nasdaq: BBEP) said it expects to continue its operations without interruption, with cash from its operations, cash on hand, and a $75 million […]
The FINRA Board of Governors met this week to discuss a number of issues, including several rulemaking items. A summary of the rule proposals that relate to FINRA arbitration, as approved by the FINRA Board, are below. Broadening Chairperson Eligibility in Arbitration The Board authorized filing with the SEC proposed amendments to Rules 12400 and […]
One of the hottest investment products being pitched by Wall Street, in the low interest environment that has persisted over the past few years, has been Energy Master Limited Partnerships (“MLPs”) – an investment product with above average yields and, all too often, above average commissions for the financial advisors who have touted them. Unfortunately, […]
Recent statistics indicate that there are over 110 MLPs trading on major exchanges, with oil & gas midstream activities – gathering, processing, natural gas compression, pipelines, storage, refining, distribution, and marketing – representing the dominant activity. Understanding MLP Risks The latest U.S. Securities & Exchange Commission filings by a number of Energy Master Limited Partnerships […]
As noted in an April 1, 2016 article in The Wall Street Journal (“MLP Investors’ Maze of Tax Trouble Keeps Getting Worse”), investors are learning the hard way that energy Master Limited Partnerships, set up to shield companies from Uncle Sam, could have unexpected tax consequences when times get tough. Understanding the structure and implications […]
A prudent investment strategy starts with an asset allocation suitable for the portfolio’s objective. This involves understanding your financial goals, time horizon, and risk tolerance. For instance, if an investor is saving for retirement in 30 years, they might adopt a more aggressive asset allocation with a higher proportion of equities, which generally have higher […]
Ryan Bakhtiari has been invited to participate as a speaker at the 2015 Practicing Law Institute (PLI) conference program on Thursday, July 30, 2015. Mr. Bakhtiari represents clients in securities disputes before FINRA (NASD, NYSE), state and federal courts. In June 2019, Mr. Bakhtiari was nominated to serve as a public member of the Discovery […]
Ryan Bakhtiari has been invited to participate as a speaker at the 2014 Practicing Law Institute (PLI) conference program on Thursday, July 31, 2014. The PLI Securities Arbitration program is held at the PLI New York Center and also online by webcast. The program brings together legal professionals with securities industry regulators to discuss hot […]
Ryan Bakhtiari has been invited to participate as a speaker at the 2014 FINRA Annual Conference program on Monday, May 19, 2014 titled “Arbitration, Expungement and Arbitrator Disclosure.” The FINRA Annual Conference is held between May 19, 2014 and May 21, 2014 at the Renaissance Washington, DC Hotel. The conference brings together legal and compliance professionals, with […]
The Financial Industry Regulatory Authority (FINRA) announced today that its Board of Governors approved a rule proposal that would prohibit firms and associated persons from conditioning settlements of customer disputes on, or otherwise compensating customers for, an agreement not to oppose a request to expunge information from an associated person’s Central Registration Depository (CRD) record. […]
On Tuesday, October 15, 2013, FINRA Dispute Resolution published the following guidance and reminder for arbitrators when considering expungement requests. Extraordinary Nature of Expungement Relief — Expungement is an extraordinary remedy that should be granted only under appropriate circumstances. Information should be expunged only when it has no meaningful investor protection or regulatory value. Once […]
The firm continues to investigate the sales practices of Wall Street firms in recommending bond funds to its clients. This investigation is crucial as it highlights the potential risks associated with the financial products being sold to investors, particularly in the volatile market of Puerto Rican municipal bonds. Many investors may not fully understand the […]
The system of mandatory arbitration of disputes between brokerage firms and customers is again in the news. This time the North American Securities Administrators Assocation, Inc. has been lobbying the SEC to act on its authority under Dodd-Frank to end or limit the use of pre-dispute mandatory arbitration agreements included in virtually all customer agreements […]
More than $241 million of structured notes tied to Apple structured products face losses after a 27 percent drop in the stock of the world’s most valuable company eroded built-in cushions that protect investors. This significant decline not only highlights the volatility inherent in tech stocks but also raises concerns for investors who rely on […]
Beverly Hills based securities lawyers have launched an extensive investigation into the sales practices of LPL Financial, LLC regarding the recommendation of non-traded REITs to their clients. This investigation is critical as it follows a recently filed complaint by the Commonwealth of Massachusetts Securities Division, which delves into similar non-traded REIT sales practices. The Massachusetts […]
InvestmentNews reports a significant development in the financial industry: the Financial Industry Regulatory Authority Inc. (FINRA) has now opened its arbitration system to registered investment advisers (RIAs). This move marks a notable expansion of FINRA’s arbitration services, which have traditionally been utilized for resolving investor or industry complaints involving securities firms and broker-dealers. The announcement […]
New rules that could require certain brokers to act in the best interests of clients should enhance laws already in place for some financial advisers, a coalition of investor advocacy and trade groups wrote late on Thursday. The letter to Securities and Exchange Commission Chairman Mary Schapiro from groups that include the Consumer Federation of […]
Ss=”rank-math-highlight” style=”background-color: #fee894″>Over two grueling weeks, convicted Florida Ponzi schemer Scott Rothstein laid out in incriminating detail how far the tentacles stretched in his $1.2 billion fraud scheme, which has been described as one of the largest Ponzi schemes in U.S. history. Rothstein pointed the finger at numerous lawyers, bankers, business people, relatives, friends, and […]
Prosecutors are expected to ask a judge today to send a man to prison for 15 years for running a Ponzi scheme that took in about $30 million as well as a scam that preyed on homeowners facing foreclosure. This case highlights the pervasive problem of financial fraud in our society, where individuals like Rangel […]
Not so fast, J.R. Larry Hagman, who played the rapacious oil tycoon J.R. Ewing in the 1980s hit TV series “Dallas,” recently won $11.6 million in a securities arbitration case against Citigroup. As DealBook reported last month, it was the largest arbitration award an individual investor received this year and the ninth largest award ever, […]
The firm announces a notice of an investigation on behalf of investors who purchased Bank of America structured products, which were represented as protecting principal. The investments the firm is investigating include several structured investment vehicles that require careful scrutiny. These products were designed to appeal to investors looking for a balance between risk and […]
Many people on Wall Street were surprised when an arbitration panel awarded Larry Hagman, who played the rapacious oil baron J.R. Ewing in the 1980s hit series “Dallas,” won $11.6 million in a securities arbitration case against Citigroup. His broker, Lisa Detanna, was also surprised. She recently sent a letter about the case to hundreds […]
Bank of America Corp. raised $4.7 billion selling structured notes to U.S. investors through June, the most of any issuer and more than its 2009 total, as sales of the securities rose to a record pace. Structured Note investments have gained popularity among a diverse range of investors seeking tailored financial solutions. The increasing interest […]
In the Commonwealth of Massachusetts v. Securities America Inc, the United States is seeing the first instance of a state regulator bringing an enforcement case against a company over private placement deals. This case stands as a significant turning point in the scrutiny of financial dealings and the responsibilities of investment firms and underscores the […]
James Shorris, executive director of enforcement at the Financial Industry Regulatory Authority (FINRA) has been quoted by Investment News as saying that enforcement cases on multiple private placement deals can be expected to begin by next year. Private placement memorandum (PPM) deals, also known as Reg D offerings, have come under increased scrutiny after enjoying […]
According to the WSJ today: In what will likely be a closely studied ruling, a retail investor was awarded $200,000 after a Financial Industry Regulation Authority arbitration panel decided the investor’s UBS AG (UBS) broker inappropriately sold her risky Lehman Brothers principal protected notes. The case is one of the first involving the Lehman notes […]
Richard Ketchum, Chairman and Chief Executive of FINRA, testified before the House Financial Services Committee today in support of allowing the SEC to ban mandatory arbitration clauses in securities contracts. It is common practice for broker dealers to stipulate a mandatory dispute resolution forum in the event of a broker/client dispute. Such clauses, normally found […]
The law firm has been contacted by numerous investors who have suffered significant financial losses and is preparing to file additional FINRA arbitration claims against broker dealers for losses incurred based on the recommendation to purchase Medical Capital securities, including those from Securities America. It is essential for investors to understand the implications of these […]
Investment advisers and consumer advocates have applauded President Obama’s proposal to establish a fiduciary duty for broker-dealers offering investment advice. Diahann Lassus, chairwoman of the National Association of Personal Financial Advisors in Arlington Heights, Ill., stated, “We think it’s great. There should be a fiduciary standard for all advisers.” This sentiment echoes the growing recognition […]
2008 marked many memorable controversies in the financial world. From Bernie Madoff’s $50 billion ponzi scheme to the crash of the financial markets, and let’s not forget the collapse of the auction-rate securities (ARS) market, often referred to as the Auction Rate market. As a result, individual and institutional investors of ARS have now found […]
Last week, an Indiana charity that “makes wishes come true” for children with life threatening illnesses filed arbitration claims over sub-prime related losses it allegedly suffered in a bond fund managed by Regions Morgan Keegan. The Indiana Children’s Wish Find claimed that it lost $48,000 or 22% of its $220,000 investment in the Regions Morgan […]
A Bear Stearns investment fund, significantly impacted by the decline in the subprime mortgage market and facing creditors’ complaints regarding its management, has requested permission from a Delaware judge to dissolve and liquidate its assets. Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Fund LP, linked to a Cayman Islands-based fund, is seeking to shut down […]
The Financial Industry Regulatory Authority (FINRA) announced today that its Board of Governors approved rule amendments designed to limit significantly the number of dispositive motions – more commonly known as motions to dismiss — filed in its arbitration forum and to impose strict sanctions against parties who engage in abusive motions practices. These changes aim […]
The hedge fund industry is estimated to be a $875 billion business and growing at about 20% per year, with more than 8,000 active hedge funds. Most hedge funds are highly specialized, relying on the specific expertise of the manager or management team. A hedge fund manager might employ investment strategies, some of which use […]
Putting another nail in the coffin of the troubled High-Grade Structured Credit Strategies hedge fund, lenders at Bear Stearns Cos. have seized most of the fund’s collateral following its failure to meet a recent margin call. Bear’s move, which according to someone close to the situation came after more than a week of waiting for […]
Bear Stearns Cos. told investors in its two failed hedge funds that they’ll get little if any money back after “unprecedented declines” in the value of the securities used to bet on subprime mortgages. “This is a watershed,” said Sean Egan, managing director of Egan-Jones Ratings Co. in Haverford, Pennsylvania. “A leading player, which has […]
Lately, more and more seniors are hearing about opportunities to sell their existing life insurance for cash in transactions known as life settlements. A life settlement, or senior settlement, as they are sometimes called, involves selling an existing life insurance policy to a third party—a person or an entity other than the company that issued […]
Firm Also Charged by NASD with Falsely Claiming that Millions of Emails in its Possession Had Been Lost in 9-11 Terrorist Attacks NASD announced today that it has charged Morgan Stanley DW, Inc. with routinely failing to provide emails to claimants in arbitration proceedings as well as to regulators – and with falsely claiming that […]