Tag Archives: texas securities fraud lawyer

Invest in KBS REIT I in 2006? Time is Running Out to Bring Claim.

On January 27, 2006, KBS Real Estate Investment Trust (KBS REIT I) launched its initial public offering. KBS I ceased offering shares in primary offering on May 30, 2008. A total of 171,109,494 shares were sold in the primary offering raising $1.7 billion. Since the recent estimated value is just a little over $5 per share, this means investors have lost about $850 million in value.

TIME IS RUNNING OUT TO BRING CLAIMS.

For those investors considering bringing a claim for losses on KBS I for misrepresentation of the nature of the investment or other claims related to the negligence or fraudulent conduct of the selling firm or broker, it is important to act quickly. With limited exception, investors claims will be brought in an arbitration proceeding before the Financial Industry Regulatory Authority (FINRA), whose rules require that cases be brought within six years, measured most commonly from the date of purchase.

This means that for investors who purchased on the IPO or in early 2006, it may already be too late to institute a claim. For others purchasing later in 2006, the six years will soon run on those claims so it is important to act quickly to preserve your legal rights.

In its March 26, 2012, letter to shareholders, KBS I made several announcements that were bad news to investors:

  • Share value is down again. Shares originally sold at $10 are now $5.16.
  • Distributions were one of the key reasons most investors purchased KBS REIT I. The company has suspended further distributions.
  • Share Redemption plan has been amended so that the only redemption allowed are in the event of death or disability. Investors needing liquidity now can only look to the secondary market, where sales are usually at a 20% or more discount from the estimated value.
  • Dividend Reinvestment plan terminated.

If you have questions about your legal rights  in connection with losses you have in KBS REIT I, or any other REIT investment, please do not hesitate to contact us .

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 Lerner Fined $2.3 Million by FINRA

 

FINRA fined David Lerner Associates, the New York based brokerage firm recently in the headlines for the sale of the Apple REITs, $2.3 million. FINRA’s ruling, which can be accessed here,  resolves charges brought in May 2010 on claims that from 2005-2007, Lerner sold municipal bonds and collateralized mortgage obligations (CMO’s) at “unfairly high prices”, thereby reducing yields to investors.

Lerner was ordered to pay restitution of $1.4 million, plus interest, to affected customers.In addition, Lerner’s head trader William Mason was fined $200,000 and suspended from the industry for six months.

FINRA found that Lerner’s supervisory system for municipal bonds and CMO’s was inadequate and did not have adequate procedures for monitoring the fair pricing and time receipt of orders. The ruling took into consideration Lerner’s disciplinary history. After receiving a Letter of Caution from FINRA about the firm’s markup practices after a 2004 exam, and a Wells Notice on the same topic in 2009, Lerner continued its unfair pricing practice.

David Lerner & Associates as well as their namesake founder, David Lerner are both dealing with FINRA actions filed against them in 2011 in connection with the Apple REITs they sold about $6.8 billion worth to over 122,000 investors. For more information on those proceedings, see my prior post.

REITs, including Behringer Harvard, Inland Western, KBS, Wells, Hines, Cole Credit Property Trust & Cornerstone Core Properties have been in the headlines on nearly a daily basis recently. Many investors were sold non traded REITs with the promise of steady distributions of income and the ability to liquidate. Many REITs have ceased distributions, while values have plummeted and there is no market in which to liquidate, leaving investors hanging.

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

 

Losses on Real Estate Investment Trusts? Recovery Options for Investors

Non-traded real estate investment trusts  (REITs) were sold to many with the promise of steady distributions of income and the understanding that the investment could be sold in the near future. Instead, many REITs have been funding distributions with capital or, worse yet, debt. Now many have ceased distributions completely. Here are six REITs whose value has dropped dramatically, as reported by the Investment News.

Name   Offering price, per share    Current estimated value   % decline per share  
Behringer Harvard Opportunity REIT I $10.00 $4.12 -58.80%
Behringer Harvard REIT I $10.00 $4.64 -53.60%
Behringer Harvard Short-Term Opportunity Fund $10.00 $0.40 -96%
Cornerstone Core Properties REIT $8.00 $2.25 -71.88%
Inland Western Retail Real Estate Trust Inc. $10.00 $6.95 -30.50%
KBS Real Estate Investment Trust Inc. $10.00 $5.16 -48.40%

If you have REIT losses or other stock market losses, you may be able to recover some or all of the losse 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

TVIX Plummets 60%-Securities & Exchange Commission Investigating

March 29, 2012

According to the Wall Street Journal, the SEC is looking into VelocityShares 2x long VIX Short Term Exchange traded note ( TVIX ),  managed by Credit Suisse Group AG.

TVIX had about $700 million in assets before its recent decline in which it lost 60% of its value during the last week of March.

Share price for TVIX over the past year has ranged from a high of $109 to a low of $5.85. TVIX is a complex exchange-traded note (ETN) that is designed to track stock market volatility, however its dramatic decline last week, during a period when market volatility was little changed has regulators and investors concerned and curious as to the reason for the price drop.

While hedge funds are generally the most active traders of exchange traded notes (ETNs), they have become more popular with smaller investors due to the fact they are low cost and east to trade. A similar type of securities, exchange-traded funds (ETFs) have become popular for the same reasons.

An ETN doesn’t actually hold any underlying investment as does an ETF, but rather is a contractual agreement by the issuer to pay shareholders returns equal to the investments it is designed to track. Risk is amplified by the fact that TVIX is linked to the Chicago Board Options Exchange Volatility Index, the VIX, an index that can experience wild swings. Investors make….or lose….twice as muchas the daily move in the VIX.

ETNs, like TVIX, are complex investments that are not generally suitable for the average investor who may not be aware of the risks associated with this type of investment.

If you are an investor who has losses from investing in TVIX or other ETNs or ETFs that were suggested to you by your broker or financial adviser, you may be able to recover some or all of your 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

Recovery Options for Investors with Losses in Cornerstone Core Properties REIT, Inc.

March 28, 2012

According to the Investment News, investors in Cornerstone Core Properties REIT were told in March 2012 that shares had plunged 72% in value, from $8 to $2.25. This reduction in estimated value is attributed to the recent global economic downturn which has negatively impacted the small business tenant base, according to the company, which says occupancy rates are down to 69% compared to 92% at the end of 2008.

FactRight, a due diligence firm that covers managers of alternative investmentsrecommended last year that broker dealers pull Cornerstone Core
Properties REIT from their sales platforms. Pacific Cornerstone Capital, Inc was the sponsoring broker-dealer. Pacific Cornerstone also sold another troubled product, CIP Leveraged Fund Advisors, see our prior blog post.

Cornerstone Core Properties REIT is following in the footsteps of other REITs who have seen their values plummet recently. Behringer Harvard Short-Term Opportunity Fund I, LP went from $6.48 to $.40. Behringer Harvard Opportunity REIT I, Inc fall to $4.12 from $7.66 a year earlier.

Other REITs like Cole Credit Property Trust II, Lerner Apple REITs,
Hines REIT, Inland American, KBS, Inland Western Retail Real Estate (now  Retail Properties of America) and the Wells and Wells Timberland REITs have faced similar issues resulting in reduced estimated values and/or termination of distributions.

Many REITs were sold with the promise of regular and dependable
distributions of income. In many cases these distributions were funded with debt or a return of capital and were not really distributions  of income. Investors who relied on these representations when making the decision to invest may have legal rights entitling them to the recovery of a portion or all of their 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