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Investment Litigation Blog

New FINRA Rule to Help Prevent Elder Financial Abuse
Samuels Yoelin Kantor LLP

On February 5, 2018, a new FINRA rule geared towards preventing financial exploitation of seniors  – also called elder financial abuse – goes into effect. This is new Rule 2165, which creates a limited safe harbor for brokers to put a temporary hold on certain disbursement requests from a brokerage account. The rule “permits members…

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Investor Alert – NASAA and SEC Warn about Cryptocurrency Related Investments
Samuels Yoelin Kantor LLP

This past Thursday, the same day I posted about a recent FINRA Investor Alert regarding cryptocurrency, there was a new press release from the North American Securities Administrators Association (NASAA) with further guidance on the same topic. NASAA’s analysis and warning amounts to this:  Initial Coin Offerings (“ICOs”), and all other investment products related to…

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Investor Alert – Cryptocurrency Stock Scams
Samuels Yoelin Kantor LLP

FINRA recently released an Investor Alert on cryptocurrency scams. Investors should be wary of jumping into this “hot,” volatile sector, and do their research before handing over their money to a potential fraudster, or for a risky investment that they don’t understand. In the last quarter, cryptocurrencies such as Bitcoin and Ripple have received a…

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Raymond James Fined $2 Million by FINRA for Supervisory Failures
Samuels Yoelin Kantor LLP

On December 21, 2017, the Financial Industry Regulatory Authority (FINRA) announced it had fined brokerage firm Raymond James Financial Services, Inc. $2 million for significant supervisory failures in reviewing email communications. FINRA found that, over a nine-year period, Raymond James did not have a reasonably designed supervisory system and procedures for reviewing email communications. Why…

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FINRA Expels New York Stockbroker Hank Mark Werner
Samuels Yoelin Kantor LLP

On November 8, 2017, the Financial Industry Regulatory Authority (FINRA) announced that a broker named Hank Mark Werner of upstate New York had been barred from the securities industry. The headline: “FINRA Hearing Panel Bars Broker for Defrauding Elderly, Blind Customer”. The pattern of this behavior is outrageous but not all that unusual. It makes…

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Dual-Registered Advisors Barred From Recommending 401(k) Rollovers
Samuels Yoelin Kantor LLP

LPL Financial Bars Its Dual-Registered Advisors From Recommending 401(k) Rollovers in Brokerage Capacity According to an internal advisor memo, LPL Financial is prohibiting its “hybrid” or dual-registered advisors to recommend 401(k)to IRA rollovers to LPL clients in a brokerage capacity. Investment News reports that the policy was adopted in response to the Department of Labor’s…

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George Merhoff and Energy Stocks – The Investigation Continues
Samuels Yoelin Kantor LLP

The Investigation of Klamath Falls Financial Advisor George Merhoff Jr. and Cetera Investments, Pacific West Securities, Inc. Continues Customer Concerns Grow About Energy Stock Concentration and George Merhoff Our office continues to investigate Cetera Investments and its representative George Merhoff Jr. Since our last reporting, even more investors have called us to report that they…

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Before Hiring a Financial Professional – Ask These Questions
Samuels Yoelin Kantor LLP

It’s a new year and you’re looking to hire a broker or investment advisor to help you with your financial planning and investment decisions. What questions should you ask at that first meeting? FINRA recently released an Investor Education top 5 questions to ask: 1. What experience do you have working with people like me?…

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Form U5 Information Gets to BrokerCheck Faster with New FINRA Rule Change
Samuels Yoelin Kantor LLP

Effective December 12, 2015, certain information provided on the registration termination paperwork (Form U5) for a brokerage firm or terminated broker will be accessible on BrokerCheck in 3 business days instead of 15. The SEC approved the proposed change to FINRA Rule 8312 (FINRA BrokerCheck Disclosure). The Form U5 includes important information for investors researching…

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LPL Financial In Trouble Again For Improper Sales of Non-Traded REITs
Samuels Yoelin Kantor LLP

The North American Securities Administrators Association (NASAA) announced Wednesday a settlement with brokerage firm LPL Financial. The settlement is the result of a multi-state investigation led by the Nevada Secretary of State Securities Division into LPL’s failure to implement adequate supervisory systems and failure to enforce its own written procedures regarding sales of non-traded REIT…

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