Category Archives: Mutual Funds

Cetera Advisors Charged With Defrauding Retail Clients

September 2019

Cetera Advisors, a registered investment advisor and broker-dealer based in Denver, Colorado, was charged by the Securities and Exchange Commission (SEC) with breaching its fiduciary duty and defrauding retail clients out of more than $10 million in undisclosed commissions in connection with the sale of mutual funds.

According to the SEC,  Cetera representatives continuously recommended that clients invest in funds on the Cetera platform that cost the clients more than other less expensive, identical investments that are available.

The SEC alleges that Cetera put clients’ money into mutual fund share classes that charged 12b-1 fees when Cetera knew that the clients could have invested in lower cost shares of the same funds without those fees. These violations, which netted Cetera nearly $11 million to which it was not entitled,  occurred from at least 9/2012-12/2016.

Cetera Financial Group, with about 8,000 advisors and reported revenues of $1.6 billion in 2016,  includes the following firms:

  • Cetera Advisors
  • Cetera Advisor Networks
  • Cetera Financial Specialists
  • Cetera Financial Institutions
  • First Allied 
  • Summit Brokerage Services

Cetera Corporate offices are located in El Segundo, CA, Boca Raton, FL, Denver, CO, San Diego, CA, St. Cloud, MN and Schaumburg, IL.

If you have questions about an investment account handled by one of the Cetera firms,  contact us for a no charge consultation to learn about 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

Kestra Investment Services Assessed Regulatory Fine Over Mutual Fund Sales-Austin, TX

February 2019 – Austin, Texas

FINRA recently sanctioned Austin-based Kestra Investment Services (formerly NFP Advisor Services) for over charging more than 3,000 who qualified for waiver of front end sales fees on certain mutual fund purchase.

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.

According to the Letter of Acceptance, Waiver and Consent #2016048404601 recently entered into by Kestra, FINRA alleged that from July 2009-February 2018, Kestra disadvantaged certain retirement plan and charitable organization customers that were eligible to purchase Class A shares in mutual funds without a front-end sales charge or Class B or C shares with back-end sales charges and higher ongoing fees and expenses.

As a result Kestra violated NASD Conduct Rule 3010, FINRA Rules 3010 and 2010.

FINRA censured Kestra and assessed a regulatory fine of $225,000. In addition Kestra agreed to provide remediation to eligible customers on or before March 31, 2019.

If you have questions about an account with Kestra Investment Services , contact us for a no charge consultation to discuss how you may be able to recover damages for those losses.

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

David Colflesh-Former NYLife Securities Broker-Subject of Multiple Customer Suits Over Mutual Funds-Tarkio, MO

October 2018- Tarkio, Missouri

The FINRA records of  David R. Colflesh ,  a  former stock broker who is not currently registered and who was last employed by NYLife Securities  disclose  a regulatory suspension and 18 prior 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.

In October 2018 FINRA suspended Colflesh for 18 months and fined him over $34,000 to resolve allegations that he recommended non diversified mutual funds (in energy, oil and gas)  to customers without having a reasonable basis for believing they were suitable, as he had not adequately educated himself about the funds. FINRA found that Colflesh knew his recommendations exceeded his firm’s limits on concentrations of risky stocks.

In 17 prior customer disputes NYLife paid cash settlements totaling about $750,000 to former customers of Colflesh who suffered losses on unsuitable mutual funds.

David Colflesh was employed by NYLife Securities from 9/1983-11/2016 and operates Colflesh Financial Services Inc. in Maryville, MO.

If you have losses in an account handled by David Colflesh  call for a no charge consultation to learn about your options for recovery of damages from NYLife Securities.

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

Bill Fenwick-First Kentucky Securities Corp. – Discloses Customer Disputes-Louisville, KY

April 2018-Louisville, KY

The FINRA records of  William C. (Billy)  Fenwick Jr.  ,  Senior VP and Board member of  First Kentucky Securities Corporation disclose two pending customer disputes and a prior final customer dispute.

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 currently pending FINRA arbitration 17-0188 a customer of First Kentucky Securities Corp. alleges damages of $203,514 for unsuitable investments.

In currently pending FINRA arbitration 17-0157 a customer of First Kentucky Securities Corp. alleges damages of $500,000 for unsuitable investments in master limited partnerships (MLPs) and other investments from 2015-2016.

Fenwick has been employed by First Kentucky Securities since 11/2005. First Kentucky Securities, with  offices in Lexington and Louisville, discloses 9 prior regulatory events. In 3/2018, First Kentucky Securities paid FINRA a fine of $50,000 overcharged fees to certain customers on mutual fund sales. FINRA Case 2016048226101.

If you have losses in an account in an account handled by William C. ( Bill) Fenwick Jr.  , contact us for a no charge consultation to discuss how you may be able to recover damages for those losses 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

Ronald D. Clark-Summit Brokerage Services Broker-Discloses Pending Customer Disputes Involving REIT/Oil & Gas -Tampa, FL

March 2018 – Tampa, FL

According to publicly available records , Ronald D. Clark , (CRD# 1086724) ,  a  stockbroker who is employed by Summit Brokerage Services disclose  2 prior regulatory events, 2 pending customer disputes and 8 prior 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.

Clark was suspended by FINRA for 15 business days in 2011 to resolve allegations that he participated in a private securities transaction without providing written notice to his former employer ProEquities, Inc.

In recently filed FINRA Case 17-02658, filed in December 2017, a customer of ProEquities Inc.  alleges that unsuitability, overconcentration and misrepresentation concerning their investments in real estate investment trusts (REITs). Damages of $450,000 are alleged.

In another pending matter, a customer of Summit Brokerage Services alleges that Clark did not properly use mutual fund break points from July 2014 to August 2016 and recommended an oil and gas investment that suffered losses. Damages are alleged to be $500,000.

In one of the prior customer disputes, a customer of ProEquities was paid $65,000 to resolve allegations that investments recommendations were unsuitable, cost of riders and surrender charges were not discussed and that a signature on a form was forged.

Clark has been registered with Summit Brokerage Services since 3/2009, and  discloses business affiliations with The Money Coach LLC, Money Matters of Tampa and Money Matters of Alabama. 

If you have questions about an account in an account handled by Ronald D. Clark , contact us for a no charge consultation 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