341 search results found for “Breach of Fiduciary Duty”

Jul 23, 2014

Meyers Associates Broker Craig Josephberg Arrested

Last week, Craig L. Josephberg, a Meyers Associates, LP stockbroker, was arrested for engaging in a penny stock fraud scheme involving many securities including CodeSmart Holdings, Cubed, Inc., StarStream Entertainment, Inc. and The Staffing Group, LTD. He was indicted along with A.J. Discala, Marc E. Wexler, Kyleen Cane, Victor Azrak and Ira Schapiro for allegedly defrauding investors and potential investors in several public companies. The scheme in which Mr. Josephberg allegedly participated was “built on lies, deceit and manipulated trading activity to defraud the securities markets and investing public,” according to the US Attorney’s office for the Eastern District of New York. Mr. Joesphberg’s alleged “pump and dump” scheme included false and misleading press releases and SEC filings, stock market manipulation techniques such as “wash trades,” “matched trades,” “marking the close,” and unauthorized trading for clients who entrusted the stockbrokers with their life savings. As in all such schemes, the price of the various public corporations climbs for no real reason and then falls from the sky with the investors holding worthless stock. Mr. Josephberg’s clients were allegedly on the dumping side of the scheme. According to the FBI, some of the victims had no idea that the stock was being purchased in their accounts by the stockbrokers. The fraudulent scheme purportedly took place in 2013 and this year.

Continue Reading

Jul 21, 2014

Former WFG Investments Broker Matthew Bell Arrested

Last week, Matthew A. Bell, a former WFG Investments, Inc. stockbroker was arrested for engaging in a penny stock fraud scheme involving many securities, including CodeSmart Holdings, Cubed, Inc., StarStream Entertainment, Inc. and The Staffing Group, LTD. He was indicted along with A.J. Discala, Marc E. Wexler, Kyleen Cane, Victor Azrak and Ira Schapiro for allegedly defrauding investors and potential investors in the 4 public companies. The alleged scheme was “built on lies, deceit and manipulated trading activity to defraud the securities markets and investing public,” according to the US Attorney’s office for the Eastern District of New York. The defendants alleged “pump and dump” scheme included false and misleading press releases and SEC filings, stock market manipulation techniques such as “wash trades,” “matched trades,” “marking the close,” and unauthorized trading for clients who it entrusted the stockbrokers with their life savings. As in all such schemes, the price of the various public corporations climbs for no real reason and then falls from the sky with the investors holding worthless stock. According to the FBI, some of Mr. Bell’s victims had no idea that the stock was being purchased in their accounts by the stockbroker.

Continue Reading

Jul 15, 2014

Weston Capital Asset Management and Albert Hallac Named in SEC Complaint for Misusing Investor Funds

The Securities and Exchange Commission (SEC) has charged hedge fund advisory firm Weston Capital Asset Management LLC (Weston Capital), of West Palm Beach, FL, and its founder and president, Albert Hallac, for allegedly shifting money from one investment to another without informing investors and investing contrary to the hedge fund’s stated investment strategy. The SEC complaint states that Albert Hallac, with the assistance of Weston Capital’s former general counsel Keith Wellner, allegedly drained over $17 million from a hedge fund they managed, Wimbledon Fund SPC Class TT Segregated Portfolio (TT Portfolio) and transferred the funds to Swartz IP Services Group, Inc. (Swartz IP), a consulting and investment firm.

Continue Reading

May 16, 2014

UBS Puerto Rico Investor Claims Stockbroker Lost Her Inheritance

The claimant is a 43 year old married housewife raising two children in San Juan, Puerto Rico. Several years ago, her father sold his business, gifting his daughter, $5 million dollars, which she deposited in her UBS Puerto Rico account. At that point in time, she had very little investment experience and a very small account. The claimant relied exclusively upon her UBS Puerto Rico broker for investment advice and management of the investments in her account.

Continue Reading

Apr 11, 2014

UBS Puerto Rico Investor Claims Bond Funds Unsuitable and Misrepresented

In 2002 and 2003, the client inherited what she understood to be bonds and mutual funds from her parents’ UBS PaineWebber accounts when they passed away. The client did not know the true nature or risk of the investments that she had inherited and held in her account. She thought she actually owned bonds that would always pay interest until they matured. Neither UBS Puerto Rico nor her UBS Puerto Rico Stockbrokers ever gave her a full explanation of what type of investments she really owned, which were closed-end funds and that what she actually owned was shares of the closed-end funds (like common stock shares) that only paid dividends at the manager’s discretion. She also didn’t know that these were leveraged, illiquid investments which were very risky.

Continue Reading

Apr 10, 2014

UBS Puerto Rico Investor Claims For Unsuitable Investments

The UBS Puerto Rico stockbroker has been the client’s primary broker for many years and knows the client’s age, employment status, and financial condition. The stockbroker knew that the client’s life savings were deposited with UBS Puerto Rico and in his hands. The client has been a passive investor and relied exclusively on his stockbroker to make all of the investment decisions in his UBS Puerto Rico account. As a result of the UBS Puerto Rico stockbroker’s recommendations and decisions, the client’s account became highly concentrated (100%!) in Puerto Rico bonds.

Continue Reading

Dec 27, 2013

Michael Barina Fined and Suspended by FINRA for Unsuitable Private Placement Recommendations

Longwood, Florida-based registered representative Michael Anthony Barina, employed by Altamonte Springs, Florida-based Merrimac Corporate Securities, Inc., submitted a Letter of Acceptance, Waiver and Consent in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) sanctions and findings that he recommended an investment in a private placement investment pool without sufficiently understanding the entity’s investment strategy or its parameters. FINRAs findings stated that the entity’s investment strategy included investing up to 25% of its assets in a single security and engaging in options trading. According to FINRA, Mr. Barina allegedly “lacked a reasonable basis to believe that the entity was a suitable investment for the customers,” thereby making an unsuitable recommendation.

Continue Reading

Jun 12, 2015

SEC Charges Former Bancorp Board Member with Insider Trading

The Securities and Exchange Commission (SEC) filed suit against Anthony Andrade of Rehoboth, Massachusetts alleging that he illegally tipped inside information to three friends and business associates about Bancorp Rhode Island’s (Bancorp RI) potential acquisition. The SEC alleged that the three friends traded based upon the information Mr. Andrade provided for them and profited when Bancorp RI’s stock price increased. The SEC alleged that Mr. Andrade breached his fiduciary duty by providing material that was not public information to his friends and business associates. All of the people he provided this information to knew that he was a member of Bancorp RI’s board of directors and that Mr. Andrade had no business purpose for providing them with this information.

Continue Reading

Oct 24, 2014

Former PFS Investments Broker Darwin Hayle Permanently Barred For Misappropriating Investor Funds

Former PFS Investments Inc. (PFS) broker Darwin Hayle has been banned from the financial industry and fined $42,500 for allegedly misappropriating investor funds. Darwin Hayle, of Boca Raton, Florida, allegedly sold promissory notes to his clients, claiming the notes were backed by the U.S. Small Business Administration (SBA), according to the Florida Office of Financial Regulation (FL-OFR) complaint. However, Darwin Hayle allegedly showed the investors false documents which included a forged signature of an SBA representative. The FL-OFR never approved those promissory notes as legal securities and they were never guaranteed by the SBA.

Continue Reading