Category Archives: Next Financial Group

Nghi Thanh Ho -IMS Securities Broker-Discloses Customer Dispute- Houston, TX

April 2017 – Houston, TX

According to publicly available records Nghi Thanh Ho,  (CRD#2327672) ,  a  stockbroker who is currently registered with IMS Securities  discloses one pending customer dispute and a separation from employment. 

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In February 2017,  a customer of IMS Securities filed a claim alleging damages of $175,400 for  misrepresentation by Nghi Thanh Ho in connection with an investment in  variable annuities.  

Nghi Thanh Ho has been employed by IMS Securities since 9/2012. His prior employment includes Next Financial Group, Inc, LPL Financial and Edward Jones. He discloses a business relationship with Royal Oaks Financial Group of Houston, TX. 

In 3/2009 Nghi T. Ho was discharged by LPL Financial who made the following allegation: “Discharged for violating firm policy relating to the borrowing of funds from a client.”

IMS Securities has been a FINRA member since 1994 and is headquartered in Houston, TX. They have about 105 associated persons and 57 branch offices.

If you have questions about an account in an account handled by Hghi Thanh Ho, contact us to discuss your legal options.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Dion Padilla Investigation-NEXT Financial Group-San Antonio, TX

San Antonio, Texas

JUNE 2017 UPDATE-In May 2017 a customer of NEXT Financial Group alleged that in 2007 he purchased a variable annuity and relied on Padilla’s representations that he had a product that guaranteed a monthly distribution for the remainder of his life, however no guaranteed income rider was included with the annuity purchase. The customer seeks damages of $375,704.

MAY 2017 UPDATE– A customer of NEXT Financial Group made a claim seeking damages of $970,578 , alleging that Dion Padilla misrepresented the monthly distributions, benefits and dividends to be received on a variable annuity. In May 2017 2017, NEXT Financial disclosed that the claim was denied and no longer pending.

ORIGINAL POST-February 2017

We are investigating Dion R. Padilla, a stockbroker who was formerly employed by  NEXT Financial Group in San Antonio, Texas, on behalf of a former employee of AT&T who alleges that her AT&T retirement account was mishandled.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

Padilla discloses two prior customer disputes that were resolved with cash settlements:

  • In FINRA arbitration 16-2163, a customer of NEXT Financial Group alleged damages of $342,000 in connection with an investment in a variable annuity. That case was settled for $175,000.
  • In February 2014, a customer of NEXT FInancial Group alleged damages of $62,617 for the unauthorized purchase of a variable annuity. That case was settled for $69,400.

Recently, in February 2017, Padilla entered into an Order Accepting Offer of Settlement with the Financial Industry Regulatory Authority (FINRA) and was fined $10,000 and suspended for 15 months from association with any FINRA member in all capacities. Disciplinary Proceeding 2014040362001. 

Without admitting or denying the allegations, Padilla agreed to the entry of certain findings and violations and to the entry of the sanctions described above. The findings and conclusions made by FINRA include:

  • Prior to transferring their accounts to NEXT Financial, a customer (who had worked for AT&T for 39 years) and his wife met with Padilla and stressed  that they did not want any of their funds invested in a variable annuity due to the high fees and because of their desire for liquidity.
  • Notwithstanding those desires, Padilla made unauthorized purchases of a variable annuity for the customer, investing over $789,000, the customer’s entire 401K rollover, in a variable annuity. Thereafter, when the customer inquired, Padilla misrepresented to the customer that the investment was not a variable annuity.

If you have information which you believe is helpful to our investigation, please contact us. If you have losses in an account handled by Dion Padilla , call to discuss how you may be able to recover damages from his prior employer.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Erryn Michael Barkett-Former NEXT FInancial Broker-Discloses Sanctions and Customer Disputes Over Unregistered Securities-The Woodlands, TX

February 2017-The Woodlands, TX and Fincastle, VA

According to publicly available records Erryn Michael Barkett , (CRD# 4102279) ,  a  stockbroker who is employed by LPL Financial, disclose that he was sanctioned by the Virginia State Corporation Commission who alleged that he sold unsuitable and unregistered securities and omitted material information in the sale of those securities causing investors to lose $330,000.

Barkett was ordered to pay restitution of $15,000.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

Public records disclose that  Barkett’s prior employer  NEXT Financial Group paid over $310,000 to settle the claims of four customers who alleged that Barkett sold them fraudulent unregistered products involving structured military pension investments.

In pending FINRA Case 17-0132 a customer of NEXT Financial Group is seeking damages of $310,000 and alleges that between 2009 and 2013 Barkett recommended that they invest in various fraudulent companies and recommended nearly $650,000 in illiquid and poor performing alternative investments, REITs and annuities.

If you have questions about an account in an account handled by Erryn Michael Barkett, contact us to discuss your legal options.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Tye Williams-Former NEXT Financial Broker- Barred From Securities Industry-Frisco, TX

September 2016-Frisco, Texas

Tye Williams, a stockbroker who formerly worked for NEXT Financial Group was barred by the Financial Industry Regulatory Authority (FINRA) from acting as a broker or otherwise associating with firms that sell securities to the public.

Williams entered into a Letter of Acceptance Waiver and Consent (AWC) without admitting or denying the findings made by FINRA in disciplinary case #2015047059702.

FINRA initiated an investigation into Williams regarding a customer complaint that he had converted over $1 million from the customer’s accounts from 2004-2014, had made unsuitable investment recommendations, engaged in unauthorized transactions and mismanaged the customer assets. FINRA repeatedly requested , pursuant to FINRA Rule 8210, that WIlliams produce documents and information, however Williams failed to produce the requested information and documents, according to the FINRA AWC.

FINRA records indicate that Williams was employed by NEXT Financial from 11/2008-8/2016. Prior to that he was employed by First Heartland Capital and before that Mutual Service Corporation.

He operated Tye Williams Financial Services and One Source Advisors Group in Frisco, TX.

If you have losses in an account handled by Tye Williams, a broker who formerly worked for NEXT Financial, call for a no charge consultation to learn your options for recovering damages.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

NEXT Financial Group Settles Tenant in Common Case

October 2016

Next Financial Group, Inc. , a stock brokerage firm headquartered in Houston, Texas, recently settled a claim brought by a customer alleging damages of $4,000,000 for breach of fiduciary duty, common law fraud and negligent supervision in relation to recommendations that an investor purchase tenant in common (TIC) private placement investments. Tokena Corporation v NEXT Financial Group, FINRA Case 15-0762. 

In May 2016 that matter was settled for an undisclosed amount. Following the settlement, Charles Kulch a stock broker who has been registered with NEXT Financial since 10/2006, requested that the FINRA arbitration panel expunge his FINRA record of any reference to the customer dispute. The arbitration panel denied Kulch’s request for expungement.

According to his FINRA record, Charles Kulch of Nashua, New Hampshire, discloses 5 prior customer disputes and 4 prior regulatory events.  His prior customer disputes include a matter recently settled in May 2016 for $120,000. In that case a customer of Kulch’s prior employer Investors Capital Corp. alleged damages for poor performance in a real estate security.

If you have questions about losses in an account handled by Charles Kulch, call to discuss your options.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Douglas P. Simanski-Former NEXT Financial Group Broker-Discharged for Theft

Altoona, PA

UPDATE MAY 2017-The FINRA records of former NEXT Financial Group broker Douglas Simanski currently disclose 13 pending customer disputes and 3 customer disputes that are final. The newly filed customer disputes include:

  • FINRA arbitration 17-0648 in which a customer of NEXT seeks damages of $50,000  and alleges they were sold a tax free investment with a guaranteed 10% yield compounded annually which they later deemed to be fraudulent.
  • FINRA arbitration 17-0610 in which a customer of NEXT seeks damages of $225,000 and alleges Simanski sold them $100,000 investment in a coal company which he told them would earn $5,000 per year for five years and then they would get investment returned. They subsequently were convinced to invest another $125,000. Customer now believes all the investment is lost.

UPDATE JANUARY 2017– FINRA records disclose that a number of additional arbitrations have been filed by customers of Douglas Simanski, a former broker with NEXT Financial Group, including:

  • Case 16-03447 in which a customer alleges damages of $231,665 and further alleges that funds provided to Simanski for investment were diverted to his personal account.
  • Case 16-03541 in which a customer alleges damages of $102,127 related to a purported investment in Pennsylvania Tax Free Investment Fund which would supposedly generate tax free income of 3-5%. The customer alleges that the investment was non existant and believes that Simanski converted the funds for his personal benefit.

ORIGINAL POST -August 2016-

The FINRA records of  Douglas P. Simanski,  a  former stockbroker who most recently worked for NEXT Financial Group  disclose a recent regulatory matter resulting in his permanent bar from the industry, 4 currently pending customer disputes, 1 prior final customer dispute and a recent  employment separation after allegations.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In June 2016, Simanski, without admitting or denying the findings, consented to a permanent bar from the securities industry and entry of findings that he failed to provide documents and information related to an investigation into allegations related to the conversion of funds. FINRA Case 2016049621301.

The currently pending customer disputes include:

  • A complaint received July 2016 by a customer of NEXT Financial who alleges damages of $125,581 as a result of Simanski investing her in a high risk variable annuity.
  • FINRA Case#16-02258 in which a customer of NEXT Financial alleges damages of $100,000 on behalf of her deceased father who gave Simanski a check for $140,000 in October 2014 and received a signed five fixed investment note.
  • FINRA Case#16-2118 in which a customer of NEXT Financial alleges damages of $104,000 stating the in 2009 they invested $200,000 in a promissory note that was supposed to yield 6% tax free return. They state that Simanski sold fraudulent and unregistered securities.
  • A complaint received June 2016 from a customer of NEXT Financial alleging damages of $80,000 on a “special project” investment Simanski persuaded them to invest in.

In May 2016 Simanski was discharged by NEXT Financial Group who made the following allegation on Simanski’s FINRA record: “RR sold fictitious investments and converted the funds for his own personal use and benefit.”

Simanski was registered with NEXT Financial Group from 8/1999-6/2016. Prior to that he was registered with Advantage Capital Corp. 

If you lost money in an account handled by Douglas P. Simanski, you may be entitled to damages from his former employer.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

William H. Smathers-NEXT Financial Group Broker-Discloses Prior Customer Disputes

August  2016-The Villages, Florida

The FINRA records of William H. Smathers ,  a  stock broker who is currently employed by NEXT Financial Group , disclose 9 prior final customer disputes.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

The prior customer disputes include three that were settled:

  • NASD Case 4-07644 in which a customer of Smather’s former employer, Morgan Stanley DW, alleged damages of $309,000 for common law and statutory violations. That case was settled for $462,000.
  • NASD Case 3-02611 in which a customer of Morgan Stanley Dean Witter alleged damages of $90,000 for common law and statutory violations. That case was settled for $30,000.
  • A case brought in 2001 a Morgan Stanley customer alleged damages of $800,000 for unsuitable trades, unauthorized trades and excessive use of margin. That case was settled for $200,000.

Smathers has been employed by NEXT Financial Group since 9/2013. His prior employment includes Capital Guardian, Sagepoint Financial, SunAmerica Securities and Morgan Stanley Dean Witter.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870