Irvine, California Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)
Did Tony A. Kassaei Cause You Investment Losses? Tony A. Kassaei of Irvine, California 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 participated in undisclosed and unapproved private securities transactions and failing to comply with requests from FINRA in violation of NASD Rule 3040 and FINRA Rules 8210 and 2010. In 2009, Tony A. Kassaei joined J.P. Turner & Company LLC and was registered as a General Securities Principal and General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5) due to misconduct. According to the FINRA findings, Kassaei participated in at least 11 investors’ securities transactions without his firms approval, totaling at least $2.6 million. The findings stated that the investors lost a total of $1.3 million while Kassaei was compensated for soliciting and facilitating these private securities transactions. In addition to the findings, FINRA began an investigation regarding Kassaei’s involvement in the transactions and sent a request for information and an on-the-record testimony, which he initially appeared for but refused to answer or reappear for further questioning. Although Kassaei is no longer registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. NASD Rule 3040 prohibits associated persons from participating “in any manner” in private securities transactions outside the regular course or scope of their employment unless they first provide written notice to the member firm with which they are associated. The written notice must describe in detail the proposed transaction, the person’s proposed role in the transaction, and whether the person has received or may receive selling compensation in connection with the transaction. Associated persons who violate NASD Rule 3040 also violate FINRA Rule 2010, which requires associated persons to observe high standards of commercial honor and just and equitable principles of trade. FINRA Rule 8210(a)(1) states in relevant part that FINRA has the right to “require a person associated with a member, or any other person subject to FINRA’s jurisdiction to provide information orally, in writing, or electronically and to testify at a location specified by FINRA staff, with respect to any matter involved in the investigation[.]” FINRA Rule 8210(c) provides that “[n]o member or person shall fail to provide information or testimony or to permit an inspection and copying of books, records, or accounts pursuant to this Rule.” Do you need a California FINRA Securities Arbitration Attorney? Did your California 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 Lawyers Representing Irvine, California 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 California, 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 California citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.
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