Category Archives: Variable Annuities

Timothy Walsh-Fortune Financial Services Broker-Discloses Settlement of Customer Suit-Fort Worth, TX

May 2018-Ft. Worth, Texas

The FINRA records of  Timothy D. Walsh ,  a    broker who is employed by Fortune Financial Services  disclose a pending customer dispute  and a prior termination 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 FINRA Case 17-01114,  a customer of World Choice Securities and Fortune Financial Services alleged that Walsh sold them a sophisticated investment in a variable annuity. That case was settled for $25,000.

 

Timothy Walsh has been employed by Fortune Financial Services since 6/2016. He was employed by World Choice Securities in 10/2012 until he was discharged in 5/2016 for violating written policy procedures on advertising. Prior to that Walsh was employed by Titan Securities from 1/2010-10/2012.

If you have losses in an account  handled by Timothy D. Walsh, contact us for a no charge consultation to discuss your legal options for recovery.

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, at no cost to you.

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

Park Avenue Securities Fined $300K by Securities Regulator Over Annuity Sales

April 2018

The FINRA records of Park Avenue Securities ,  a registered brokerage firm headquartered in New York , disclose 12 prior regulatory events and one pending regulatory matter.

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 April 2018, FINRA censured Park Avenue and assessed a fine of $300,000 to resolve allegations that the firm had inadequate supervisory procedures in place related to the sale of variable annuities.

If you have questions about how your account has been handled at Park Avenue Securities, call for a no charge consultation to learn how you may be able to collect damages through FINRA arbitration.

Park Avenue Securities has over 400 branch offices nationwide including:

  • Alabama-Birmingham, Fairhope, Mobile
  • Florida-Boca Raton, Hollywood, Jacksonville, Maitland, Miami, Tallahassee, Tampa, West Palm Beach
  • Georgia-Atlanta, Duluth, Savannah
  • Louisiana– Baton Rouge, Metairie
  • Oklahoma-Oklahoma City, Owasso
  • Texas-Addison, Austin, Brenham, Dallas, Fort Worth, Frisco, Houston, Irving, Katy, Lubbock, Sugarland,

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 Fined $750K by Securities Regulator-Houston, Texas

January 2018-Houston, Texas

Houston-based NEXT  Financial Group recently was sanctioned by FINRA for various deficiencies in its supervisory procedures over one of its brokers in FINRA  Letter of Acceptance Waiver and Consent No. 20155043319901. FINRA fined NEXT Financial Group $750,000, issued a censure and required NEXT to hire an Independent Consultant to conduct a comprehensive review of its supervisory system.

Those supervisory deficiencies include:

  • A failure to implement a system reasonably designed to detect excessive trading (“churning”).
  • NEXT’s systemic failures in the supervision of the sales of variable annuities (VA). The sale of variable annuities earned NEXT over $219 million, 27% of its revenues, from July 2012-April 2014.
  • Failures in supervising the preparation and dissemination of consolidated reports from brokers to customers which allowed brokers to manually enter and value assets held away from the firm without providing supporting documentation to show the existence and value of the assets.
  • Misleading information on the company’s website and the omission of material facts relating to compensation received by NEXT from financial partners supplying investment products to NEXT.

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 official records for NEXT Financial Group maintained on the FINRA website disclose that NEXT has been the subject of 19 prior regulatory events.

Several NEXT Financial Group brokers have been accused of converting customer funds in recent years. See this for more detail on NEXT Financial Group brokers alleged to have wrongfully taken funds from customer accounts.

 

Customers of NEXT Financial Group who have questions about how their account has been handled should  contact us to discuss your legal options. If you have suffered losses in your account, 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

Dion R. Padilla Annuity Investigation-Former NEXT Financial Group Broker-San Antonio, TX

JUNE 2018 -San Antonio, Texas

We continue our investigation of former NEXT Financial Group broker Dion Padilla who discloses that several of his customers have brought claims against his former employer for misrepresentations and losses related to the purchase of annuities. In early 2017 Padilla was sanctioned and suspended by securities regulators to resolve allegations that he made an unauthorized purchase of an annuity and hid that fact from the customer. Details below.

JUNE 2017 UPDATE-In May 2017 a customer of NEXT Financial Group filed FINRA Case #17-2402 alleging 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 $456,500.

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 that it is not currently pending.

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 three prior customer disputes that were resolved with cash settlements:

  • FINRA Case 17-1518 in which a customer of NEXT Financial alleged that she purchased a variable annuity in August 2007 and that Padilla misrepresented the monthly distributions, benefits or advantages of the policy and dividends to be received on the policy. THat case was settled in 5/2018 for $416,998.
  • In FINRA arbitration 16-2163, a customer of NEXT Financial Group alleged damages of $347,000 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 of which Padilla contributed $54,400 to the settlement.

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. 

REGULATORY ACTION FOR SALE OF ANNUITY TO AT&T EMPLOYEE

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 losses on an annuity investment in an account handled by Dion Padilla , call to discuss how you may be able to recover 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

Christopher D. Sinkula Investigation-Janney Montgomery Scott Broker-Stuart, FL

June 2017-Stuart, Florida

We are investigating Stuart-based Janney Montgomery Scott stockbroker Christopher D. Sinkula. FINRA records indicate that Sinkula has been employed by Janney Montgomery Scott since 8/2008.

Our client is a single lady approaching retirement who alleges damages for  unsuitable investments which she alleges were purchased for her account by Sinkula.

Sinkula’s official broker records disclose that two of his customers brought actions that resulted in cash settlements:

  • In FINRA Case 12-01357 a customer of CItigroup Global Markets, his prior employer, sought damages of $879,680 alleging that Sinkula misrepresented the features of variable annuities that he recommended. That case was settled for $200,000.
  • In NASD Case 97-0761 a customer of A.G. Edwards, his prior employer, sought damages of $67,540 and alleged breach of contract, breach of fiduciary duty, account related negligence and failure to execute. That case was settled for $46,000.

If you have information you feel could be helpful to this investigation, please contact Nan Thompson at 561 391 1900.

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