#nebraska - Law Offices of Robert Wayne Pearce

Sep 21, 2021

La Vista, Nebraska Mutual Fund Investment Dispute Attorney

Did Securities America, Inc. Cause You Investment Losses? Securities America, Inc. submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which they were censured, fined $100,000, ordered to pay $235,979.77 plus interest in restitution to customers and required to establish and implement policies, procedures, and internal controls. The sanctions were based on findings that Securities America allegedly failed to reasonably supervise representatives’ recommendations and lacked a reasonable supervisory system in violation of NASD Rule 3010 and FINRA Rules 3110 and 2010. Securities America, which became a FINRA member firm in 1981, is headquartered in La Vista, Nebraska and has approximately 4,200 registered representatives and 2,400 branch offices throughout the United States. According to FINRA findings, Securities America allegedly failed to reasonably supervise its registered representatives recommendations of a mutual fund, LJM Preservation & Growth Fund (LJM) and permitted the sale of the funds. The findings state that the firms representatives sold more than $616,000 in the mutual fund to customers without conducting reasonable due diligence and without a sufficient understanding of its risks and features, including that the fund pursued a risky strategy. The FINRA findings further state that the fund eventually liquidated and closed after an extreme volatility event which caused the value to drop 80 percent, resulting in hundreds of thousands of dollars in losses for the customers. NASD Rule 3010 and its successor, FINRA Rule 3110, set forth FINRA members’ supervisory obligations. Subsection (a) requires that each member shall establish and maintain a system to supervise the activities of each associated person that is reasonably designed to achieve compliance with applicable securities laws and regulations, and with applicable NASD and FINRA Rules. Subsection (b) requires that each member shall establish, maintain, and enforce written procedures to supervise the types of business in which it engages and the activities of its associated persons that are reasonably designed to achieve compliance with applicable securities laws and regulations, and with the applicable NASD and FINRA Rules. Violations of FINRA Rule 3110 and NASD Rule 3010 also constitute violations of FINRA Rule 2010. Do You Need a Nebraska Mutual Fund Investment Dispute Attorney? Are you a La Vista, Nebraska investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Nebraska stockbroker or investment advisor misrepresent or mislead you about a Mutual Fund investment or make an unsuitable recommendation that you invest in a Mutual Fund or otherwise mismanage your investment account? If so, you will need to have representation from an experienced, highly rated, and nationally recognized FINRA securities arbitration law attorney—an attorney who understands Mutual Fund investments and stockbroker abuses such as when they are making unsuitable investments in Class A, B, or C shares of other classes of mutual funds to increase their commissions, missing breakpoints to generate higher commissions, switching of mutual funds that are intended long term investments outside of a mutual fund family to generate more commissions for them. Free Initial Consultation With Experienced Mutual Fund Investment Attorneys Serving La Vista, Nebraska Residents In FINRA Arbitration Proceedings At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Nebraska, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Nebraska citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Mar 11, 2021

Omaha, Nebraska Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Troy Robert Baily Cause You Investment Losses? Troy Robert Baily of Omaha, Nebraska submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member in all capacities for a period of six months. The sanctions were based on findings that he engaged in undisclosed and unapproved private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from October 19, 2020, through April 18, 2021. In November 2016, Troy Robert Baily joined SagePoint Financial, Inc. and was registered as an Investment Company and Variable Contracts Products Representative (“IR”). The firm later filed a Uniform Termination Notice (Form U5) disclosing that Baily had been terminated due to alleged misconduct. According to FINRA’s findings, Bailey allegedly solicited four investors to purchase securities in Future Income Payments, LLC (FIP) in the amount of $408,000 and promised a 7% to 8% rate of return. The findings state that Bailey received $8,900 in commission and never sought or obtained approval from his firm to participate in the private transactions. In addition to FINRA’s findings, FIP ceased business and owed $300 million in unpaid investor payments. Although Baily is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 3280(e) generally defines a private securities transaction as any securities transaction outside the regular scope of an associated person’s employment with a member. FINRA Rule 3280(b) states that “prior to participating in any private securities transaction, an associated person shall provide written notice to the member with which he is associated describing in detail the proposed transaction and the person’s proposed role therein and stating whether he has received or may receive selling compensation in connection with the transaction.” Rule 3280(c) states that when an associated person has received or may receive selling compensation, the member firm shall provide written approval or disapproval of the associated person’s participation in the proposed private securities transaction. A violation of Rule 3280 is also a violation of FINRA Rule 2010, which requires associated persons, in the conduct of their business, to observe high standards of commercial honor and just and equitable principles of trade. Do You Need a Nebraska Attorney for an Unauthorized Investment? Did your Nebraska stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel and failure to supervise. If your attorney knows where to look he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With Experienced Ponzi Scheme Lawyers Representing Omaha, Nebraska Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Nebraska, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Nebraska citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Jan 19, 2021

Lincoln, Nebraska Securities Account Forgery Attorney

Did Stephen Yarkpazuo Jensen Cause You Investment Losses? Stephen Yarkpazuo Jensen, a former broker employed by Lincoln, Nebraska-based Allstate Financial Services, LLC, has been sanctioned based on FINRA findings that he misappropriated a customer’s funds by taking loans totaling $12,500 against her insurance policy and forging her signature to cash the checks. When the customer received a check at her home address and brought it to Mr. Jensen to return to the insurance company, Mr. Jensen allegedly forged the customer’s endorsement on the check and cashed it. Several months later FINRA stated, Mr. Jensen changed the customer’s mailing address to his office address without her knowledge or consent and applied for additional loans against the customer’s policy and caused the loan proceeds to be mailed to Mr. Jensen’s office. When Mr. Jensen received each check, he allegedly forged the customer’s endorsement and cashed it without her knowledge or consent. FINRA stated the customer was unaware of the loans until she telephoned the insurance carrier to check on the designation of beneficiaries on her insurance policy. When the customer went to Mr. Jensen’s office to pick up documents from the insurance company indicating that there had been loans against her policy and asked Mr. Jensen for an explanation, he said that her policy had been capped but that all the money would be back in her account. FINRA found that Mr. Jensen led the customer to believe that the insurance company had unilaterally taken action in her account. Ultimately, the insurance company cancelled the loans taken against the customer’s policy, and Mr. Jensen was barred from association with any FINRA member in any capacity. Do You Need A Nebraska Securities Account Forgery Attorney? Nebraska has thousands of stock brokerage firms and investment advisory offices. With so many stock brokerage firms and investment advisory offices, comes the potential for their stockbrokers, financial advisors, and other representatives to engage in forgery in opening your account and/or transferring cash and/or securities out of your account and all kinds of other stockbroker misconduct which violates Federal and Nebraska securities laws and Financial Industry Regulatory Authority (FINRA) rules and stock brokerage firms policies and procedures. Experienced Lawyers With Securities Account Forgery Claims In FINRA Arbitrations Throughout Nebraska and Nationwide. Are you a Nebraska investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Nebraska stockbroker or investment advisor forge your signature or alter information on account opening documents about your investment objectives, risk tolerance or financial condition to make unsuitable recommendations or otherwise mismanage your investment account? If so, you will need to have representation from an experienced, highly rated and nationally recognized FINRA arbitration securities forgery law attorney—an attorney who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration forgery cases and other complex legal issues. By hiring a top rated attorney like Robert Wayne Pearce with over 40 years of experience in forgery cases by practicing securities law on both sides of the table and handling forgery cases in FINRA arbitration proceedings, you will clearly see that Attorney Pearce doesn’t just handle forgery cases—he aggressively represents investors and is one of the best attorneys to recover your investment losses resulting from forged documents to withdraw funds, allow unauthorized persons to access your accounts, to make unsuitable recommendations to appear suitable and all types of stockbroker misconduct in FINRA arbitration proceedings! At The Law Offices of Robert Wayne Pearce, P.A., we represent investors in all kinds of securities law and investment forgery disputes in FINRA arbitration and mediation proceedings. We also handle a wide range of practice areassuch asfraud and misrepresentation, breach of fiduciary duty, failure to supervise, and unsuitable recommendations. Attorney Pearce and his staff represent investors throughout Nebraska, and across the United States on a CONTINGENCY FEE basis, which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español Free Initial Consultation With An Experienced Securities Account Forgery Attorneys Serving Nebraska Residents In FINRA Arbitrations The Law Offices of Robert Wayne Pearce, P.A. are highly experienced attorneys who successfully handle securities account forgery cases and other securities law matters and investment disputes in FINRA arbitration proceedings, and who work tirelessly to secure the best possible result for you and your case. For dedicated representation by a lawyer with over 40 years of experience and success in securities account related forgeries and all kinds of securities law and investment disputes serving Nebraska citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.