Category Archives: Lack of Due Diligence

Conflict of Interest, Failure to Supervise, Fraud, Lack of Due Diligence, Misrepresentation, Stockbroker Malpractice, Texas State Securities Board

Texas Regulators Revoke Gus Marwieh’s Securities Registration-Austin, TX

October 2019 – Austin, Texas 

Texas Securities Commissioner, Travis Iles, revoked the registration of  Gus Marwieh  for fraud related to the sale of pension investments, according to a news release from the Texas State Securities Board (TSSB). 

According to the release Marwieh, who was president of Marwieh Advisory Services in Austin, fraudulently sold over $5 million in investments without disclosing excessive commissions, misuse of client funds and conflicts of interest.

The TSSB inspection of Marwieh’s books and records revealed that Marwieh primarily recommended investments in either Future Income Payments (FIP) supposedly based on payouts from pensions, and promissory notes from real estate developers which were supposed to pay 18% annually.

The TSSB found that Marwieh collected commissions on sales of these two products in excess $300,000 and violated his fiduciary duty by not disclosing conflicts of interest to his customers and by using escrowed funds to pay personal expenses.

Link to TSSB Disciplinary Order. 

About the TSSB, from their website:

The State Securities Board is responsible for administering and enforcing the Texas Securities Act. The agency is overseen by five Board members appointed by the Governor, with the advice and consent of the Senate, for six-year overlapping terms. The Board adopts and periodically updates rules to ensure that investors are adequately protected and that unreasonable burdens on legitimate capital-raising activities are avoided. The Board appoints a Securities Commissioner who serves at its pleasure and serves as the agency’s chief administrative officer and supervises the day-to-day activities of the staff.

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.

International Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Failure to Supervise, Lack of Due Diligence, Massachusetts Securities Division, Securities & Exchange Commission (SEC), Stockbroker Malpractice, Unsuitable Investments

How to Recover Losses on GPB Funds

September 2019

In June 2019 GPB Capital reported that their two largest funds have dropped dramatically. GPB Holdings II has dropped by more than 25% and GPB Automotive Portfolio has declined by 39%, according to the company.

A $50,000 in investment in GPB Holdings II is now worth $37,300 and $50,000 invested in GPB Automotive Portfolio is estimated to be worth just over $30,000.

GPB raised over $1.25 billion in these high risk private placements that were sold to investors in $50,000- $100,000 increments. The financial press now reports that the company earned commissions of $167 million on these sales, by charging 9.3%, a rate that is just below the industry cap on commissions.

GPB Capital has been under investigation by state and federal authorities for potential securities law violations. In February 2019 the FBI made an unannounced visit to company headquarters in New York. Earlier investigations by the Massachusetts securities regulators and the Securities and Exchange Commission are widely reported.

According to the financial press, GPB Funds were sold by as many as 80 independent broker dealers to over 6,000 investors nationwide. Brokerage firms who sold GPB Funds include: Aegis Capital, American Capital Partners, Arkadios Capital, Capital Financial Services, Financial West Group, FSC Securities, Great Point Capital, Kalos Capital, Lion Street Financial, Money Concepts Capital  Royal Alliance Associates, Sagepoint Financial,  and Woodbury Financial Services.

Recently the Portland Press Herald reported that David Rosenberg was fired as chief executive officer of Prime Automotive Group. His firing followed the filing of a lawsuit in June 2019 by Rosenberg in which he accuses GPB Capital Holdings, which owns a majority stake in Prime Automotive, of running a Ponzi Scheme.

The GPB offerings include:

  • GPB Holdings
  • GPB Holdings I & II
  • GPB Automotive Portfolio
  • GPB Waste Management 
  • GPB Eurobond
  • GPB NYC Development
  • GPB Cold Storage
  • GPB Scientific
  • GPB Holdings Qualified

If you have questions about an investment you made in and of GPB Funds,  contact us for a no charge consultation to learn about your legal options. You may be able to recover damages through FINRA arbitration.

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

Failure to Cooperate with Regulatory Investigation, Failure to Supervise, FInancial Exploitation of the Elderly, Finra Investigation of Stockbroker, Lack of Due Diligence, Misrepresentation, Stockbroker Discharged, Stockbroker Malpractice, Unauthorized Trading, Unsuitable Investments, Voya (formerly ING)

James T. Flynn-Former VOYA Financial Broker-Subject of Numerous Customer Suits Involving REITs-Greenville, SC

October 2019-Greer , SC

Our law firm recently filed several FINRA arbitrations against former VOYA Financial Advisors broker James T. Flynn. The claims by his former customers allege that Flynn made unsuitable recommendations and over concentrated the customers’ accounts in real estate investment trusts and other alternative, non liquid investments.

Flynn’s FINRA records  currently disclose  a recent regulatory suspension, 13 pending customer dispute, 20 prior customer disputes, 2 terminations from employment, a chapter 13 bankruptcy filing in 2013 and 3 outstanding judgment/liens.

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 September  2018, Flynn was permanently barred from the industry by FINRA for failing to respond to FINRA’s request for information in connection with a FINRA investigation.

Settlements with Flynn customers include:

In 12/2018 a customer of VOYA Financial was paid $50,000 to resolve allegations that Flynn made unsuitable investment recommendations beginning in 2014.

In 11/2018 a customer of VOYA Financial was paid $90,000 to resolve allegations that Flynn transferred assets from a 401K account into illiquid and unsuitable investments in violation of securities statutes.

In June 2018 a Voya Financial customer was paid $75,000 to resolve allegations that Flynn recommended unsuitable  alternative investments for the clients IRA and joint account.

In February 2018 a customer of Voya Financial Advisors was paid $32,912 to resolve allegations that a real estate investment trust (REIT) purchased in June 2015 was not suitable and that the customer was not aware of the risks involved or that the REIT wasn’t actively traded.

In September 2017 a customer of Voya Financial Advisors sought damages of $115,000, alleging that he questioned the suitability of real estate investment trusts (REITs) purchased in 2014 and 2015 and the replacement of a variable annuity policy. Voya paid the customer $167,673 to resolve the case in 9/2017.

In another recently resolved matter,  a customer of Voya Financial and Brookstone Securities alleged damages in connection with a $575,000 investment in annuities and real estate investment trusts (REITs). The customer alleged that they should not have been allowed to invest all of their retirement funds in unsuitable investments. In 8/2017, Voya paid the customer $196,788 to resolve the matter.

In February 2017  Flynn was discharged from Voya Financial Advisors who made the following allegation in connection therewith: “The representative provided misleading information to the Firm during a complaint investigation” related to a variable annuity.

Most recently, in 2/2018, Flynn was discharged from IFS Securities. The firm made the following allegation in connection with Flynn’s discharge: “Client alleges trading ahead of authorization.”.

Flynn discloses outstanding Federal Tax Liens of $256,165 and $18,837 and a Chapter 11 bankruptcy filing in 2013.

Jim Flynn, who is not currently registered, was employed by  IFS Securities from 2/2017-2/2018. . He was registered with Voya Financial Advisors 5/2013-2/2017, Capital Investment Group in Greer, SC, 7/2011-6/2013 and Brookstone Securities 9/2006-7/2011. Flynn discloses a business affiliation with Flynn Insurance Group and Flynn Wealth Management in Greenville, South Carolina.

If you have losses or questions about an account  handled by James  (Jim) T. Flynn , contact us for a no charge consultation to learn how you may be able to recover damages through FINRA arbitration. If you have information you believe would be helpful to our ongoing investigation of Jim Flynn, we would appreciate hearing from you.

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

Annuities, Lack of Due Diligence, LPL Financial, Misrepresentation, National Planning Corp., Stockbroker Malpractice, United Planners Financial Services, Unsuitable Investments

Dexter L. Thomas Litigation Update-June 2019-Dallas, TX

June 2019  UPDATE–Dallas, TX

We are currently pursuing FINRA arbitration claims on behalf of more than 20 individuals who were were customers of Dexter Thomas Financial Services. These individuals are seeking recovery of damages from National Planning Corporation, LPL Finanical and United Planners, the brokerage firms who employed Mr. Thomas.  

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 claims allege damages to their accounts  for unsuitable investment recommendations, including annuity investments, and churning of accounts.

Dexter Thomas “Loans”

We are investigating claims on behalf of an individual for a fraudulent loan Mr. Thomas made from the client.

According to FINRA records, Dexter Thomas, was last registered with United Planners Financial Services of America and operated Dexter Thomas Financial Services in Dallas.  His FINRA record discloses  13 pending customer disputes that seek damages in the millions.

Thomas was  employed by National Planning Corp. from 9/2006-11/2017and from 11/2017-8/2018 he was employed by United Planners. These prior employers can be held accountable for losses you may have suffered.

NATIONAL PLANNING CORP.  SANCTIONED OVER ANNUITY SALES 

On July 24, 2018, NPC was hit with  very significant sanctions by FINRA related to the sale of annuities. FINRA found that NPC received over $152 million from the sale of variable annuities, including $56 million from the sale of L-share variable annuities which were sold to customers without investigating the suitability of the product for the customer.

FINRA has fined NPC $650,000. In addition, NPC has agreed to disgorgement of up to $6 million to affected customers.

National Planning Corp. has also been known as Jackson National Financial Services and NPC of America.

DID YOU MAKE A CLAIM THAT WAS DENIED ?

 If you made a claim for losses with one of the brokerage firms where Dexter Thomas was employed and that claim was denied, call for a no obligation consultation to learn how we may be able to recover damages on your behalf.

If you have questions about an investment account handled by Dexter Thomas , questions about annuities you may have been sold, a loan to Mr. Thomas or other financial matters involving Thomas, contact us for a no charge consultation 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

Energy Securities, FINRA, Finra Investigation of Stockbroker, Lack of Due Diligence, Misrepresentation, Oil & Gas Investment, Oil and Gas Partnerships, Oil related investments, Private Placements, Reef Securities Inc., Reg D Offerings(private placements), Stockbroker Malpractice, StockBroker Misconduct, Unsuitable Investments

How to Recover Losses on Reef Oil and Gas Fund Investments

April 2018-Richardson, TX

Reef Securities Inc. and its owner and president Frank Mauceli were sanctioned by FINRA on April 11, 2018, for failing to timely notify investors in an Oil and Gas Drilling and Income Fund L.P. , sold in 2014, of revisions to an offering prospectus and of the investors’ rights to rescind his or her investment.

In addition Reef was sanctioned for advertising violations in another Reef offering. According to the FINRA sanction the subject advertising communications:

“failed to provide a balanced presentation or a sound basis for evaluating the investments being promoted, contained misleading and unwarranted claims, and, in addition, made prohibited profit projections.”

FINRA noted the following as being inconsistent and unwarranted statements in the subject advertising materials:

  • a 3 year profit range of 45%-75% in one communication vs a 35-45% range in another communication
  • a divest period of 24-36 months in one communication vs. 3-5 years in another communication
  • prohibited investor performance projections such as “Total Anticipated Profit 45%-75%”

Reef Securities was censured and fined $40,000. Mauceli was fined $5,000 and suspended 4 months from association from any FINRA member firm in all principal capacities. FINRA AWC2015043469001

Reef Oil and Gas, an affiliate of Reef Securities, engages in the developing, exploiting and producing oil and natural gas.

A partial list of recent Reef oil and gas offerings we have been investigating:

  • Reef 2015 Oil & Gas Opportunity Fund
  • Reef 2015 Income Fund
  • Reef Bakken Bear Cat Drilling Fund
  • Reef 2012-A Private Drilling Fund
  • Reef 2011 Private Drilling Fund
  • Reef 2010 Drilling Fund
  • Reef 2009 Drilling Fund
  • Reef 2007-2009 Drilling Program
  • Reef Oil & Gas Drilling & Income Fund
  • Reef Oil & Gas Income & Development Fund III
  • Reef Oil & Gas Income & Development Fund IV

Reef Oil and Gas investments were sold by many brokerage firms, including Reef Securities. These investments can be unsuitable for certain individuals, including the elderly and retired. If you have losses on an investment in one of the Reef Oil and Gas offerings, call for a no charge consultation 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