Jun 11, 2021

Stanley, North Carolina Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Gary Wayne Hammond Cause You Investment Losses? Gary Wayne Hammond of Stanley, North Carolina submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was barred from association with any FINRA member in all capacities. The sanction was based on findings that he allegedly participated in private securities transactions in violation of FINRA Rules 3280 and 2010. In March 2017, Gary Wayne Hammond joined MML Investors Services, LLC while registered as a General Securities Representative and General Securities Sales Supervisor. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had been terminated due to alleged misconduct.  According to FINRA’s findings, Hammond allegedly participated in at least 14 private securities transactions totaling $1,638,000. The findings state that the transactions involved investments in limited liability companies controlled by his half-brother and Hammond participated in the transactions by referring each customer, attending all the meetings regarding the investments, and collecting compensation of six percent per referral. In addition to the findings, Hammond falsely attested on his firm’s annual compliance questionnaires stating that he had not participated in private securities transactions or received referral fees away from his firm. Although Gary Wayne Hammond is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. Do You Need a North Carolina Attorney for Stockbroker Selling Away? FINRA Rule 3280 requires that prior to “participating in any manner” in a private securities transaction, a person associated with a member firm shall provide written notice to his or her firm “describing in detail the proposed transaction and the person’s proposed role therein.” FINRA Rule 3280 defines a private securities transaction as “any securities transaction outside the regular course or scope of an associated person’s employment with a member.” A violation of FINRA Rule 3280 is also a violation of FINRA Rule 2010, which requires FINRA members and associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Did your Stanley, North Carolina stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel and failure to supervise. If your attorney knows where to look he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With  Experienced Selling Away Lawyers Representing Stanley, North Carolina Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A.  we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout North Carolina, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving North Carolina citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail. 

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Mar 7, 2021

Midlothian, Virginia Attorney Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Neemit Mukesh Shah Cause You Investment Losses? Neemit Mukesh Shah of Midlothian, Virginia was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for a period of six months. The sanctions were based on findings that he engaged in undisclosed and unapproved private transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from October 19, 2020, through April 18, 2021.  From January 2009 through November 2016, Neemit Mukesh was registered with NYLife Securities LLC as a General Securities Representative. According to FINRA’s findings, Shah had allegedly solicited investors to purchase securities in Future Income Payments, LLC (FIP) in the amount of $408,000 and promised a 7% to 8% rate of return. The findings state that Shah received $8,160 in commissions and never gave notice or received approval from his firm to participate in the private transactions. In addition to FINRA’s findings, FIP ceased business and owed $300 million in unpaid investor payments. Although Shah is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 3280(e) generally defines a private securities transaction as any securities transaction outside the regular scope of an associated person’s employment with a member. FINRA Rule 3280(b) states that “prior to participating in any private securities transaction, an associated person shall provide written notice to the member with which he is associated describing in detail the proposed transaction and the person’s proposed role therein and stating whether he has received or may receive selling compensation in connection with the transaction.” Rule 3280(c) states that when an associated person has received or may receive selling compensation, the member firm shall provide written approval or disapproval of the associated person’s participation in the proposed private securities transaction. A violation of Rule 3280 is also a violation of FINRA Rule 2010, which requires associated persons, in the conduct of their business, to observe high standards of commercial honor and just and equitable principles of trade. Do you need a Virginia FINRA Securities Arbitration Attorney? Did your Virginia stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel and failure to supervise. If your attorney knows where to look he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With  Experienced Ponzi Scheme Attorneys Representing Midlothian, Virginia Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A.  we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Virginia, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Virginia citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail. 

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