#brooklyn - Law Offices of Robert Wayne Pearce

Jun 23, 2021

Brooklyn, New York FINRA 8210 Defense Lawyer

Do You Need a FINRA 8210 Defense Attorney? You may have read that Alexander William Schifter of Brooklyn, New York was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) from working in the securities industry because he failed to comply with FINRA Rule 8210 and 2010. In March 2020, Alexander William Schifter joined Pharus Securities, LLC while registered as an Investment Banking Representative (IB). The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had been terminated for violating the policies. According to the findings, FINRA sent a request to Schifter in connection with their investigation into whether Schifter improperly accessed the confidential information of a previous bank employer. The findings state that Schifters counsel responded to FINRA, stating that he allegedly received, acknowledged, and refused to provide any of the documents and information requested. Although Alexander William Schifter is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 8210(a)(1) states, in relevant part, that FINRA staff shall have the right to “require a member, person associated with a member, or any other person subject to FINRA’s jurisdiction to provide information orally, in writing, or electronically…with respect to any matter involved in the investigation, complaint, examination, or proceeding.” A failure to comply with a request for documents and information issued pursuant to FINRA Rule 8210 is a violation of FINRA Rule 2010, which requires associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Unfortunately, Alexander William Schifter might have avoided that FINRA 8210 bar from the securities industry with a skilled and experienced FINRA 8210 defense attorney. It is important, early on, to have a FINRA defense attorney advise you on how not to make matters worse and resolve the dispute with the least amount of sanctions which could range from censures to fines, suspensions, permanent bars, and/or referrals to federal or state prosecutors. You will need an experienced FINRA defense lawyer who not only has knowledge of FINRA rules and procedures, the securities laws and the appropriate sanction for the alleged misconduct but also has an excellent reputation and credibility with the FINRA attorneys to negotiate the best outcome. Free Initial Consultation With FINRA 8210 Defense Attorney Serving Financial Advisors Throughout Brooklyn, New York And Nationwide The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in FINRA securities law matters and works tirelessly to secure the best possible result for you and your case. Attorney Pearce’s FINRA defense skills are highly regarded throughout New York and across the nation. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of FINRA disputes serving New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

Feb 3, 2021

Brooklyn, New York FINRA Securities Arbitration Lawyer

Did Jay Howard Bluestine Cause You Investment Losses? Jay Howard Bluestine of Brooklyn, New York was accessed a fine of $5,000 and suspended from association with any FINRA member in all capacities for a period of three months. The sanctions were based on findings that Howard accepted loans from a customer without seeking or obtaining approval in violation of FINRA Rules 3240 and 2010. The suspension was in effect from October 5, 2020, through January 4, 2021. In August 2011, Jay Howard Bluestine joined UBS Financial Services Inc. and was registered as a General Securities Representative. According to the FINRA findings, Bluestine accepted three loans from a customer totaling $300,000 without requesting or obtaining approval from his firm. The findings stated that the firms written procedures prohibited registered representatives from borrowing money from a customer without written approval. FINRA further stated that the customer loaned the money to Bluestine without documentation or understanding as to the duration or interest rate of the loan. In addition, Bluestine allegedly falsely attested on his firm’s annual compliance questionnaires that he had not borrowed money from any customer. Although Bluestine is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 3240(a) provides that a registered representative may not borrow money from any customer unless his or her member firm has written procedures that allow for such borrowing and the borrowing arrangement meets certain other, specified conditions. If these requirements are met, FINRA Rule 3240(b) requires the registered representative to notify the member firm of the borrowing arrangement and obtain written pre-approval from the firm prior to borrowing from the customer, unless the customer is an immediate family member or financial institution, in which case other requirements apply. A violation of FINRA Rule 3240 is also a violation of FINRA Rule 2010. Do you need a New York FINRA Securities Arbitration Attorney? Are you a Brooklyn, New York investor who has suffered significant losses in your stock brokerage and investment accounts? Did your New York stockbroker or investment advisor misrepresent facts, fail to disclose facts making the statements made false and misleading, recommend unsuitable investments or strategies, excessively trade or churn, mismanage your investment account or engage in other kinds of stockbroker misconduct? If so, you need representation by an experienced, highly-rated and nationally recognized FINRA securities arbitration attorney—a lawyer who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration cases as well as other complex legal issues. Free Initial Consultation With Experienced FINRA Securities Arbitration Lawyers Serving Brooklyn, New York Residents In FINRA Arbitration Proceedings 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 New York, 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 New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Jan 25, 2021

Brooklyn, New York Attorney Who Sues Stockbrokers Who Made Unsuitable Investment Recommendations

Did Adam Tau Cause You Investment Losses? Adam Tau of Brooklyn, New York submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly making unsuitable recommendations for his customers. FINRA alleged the recommendations Mr. Tau gave to his customers were unsuitable given their investment objectives, risk tolerance, and limited assets. FINRA’s investigators alleged that while associated with Garden State Securities, Inc. Mr. Tau recommended five purchases totaling $204,000 in a stock that had already been suffering price declines. This conduct according to FINRA was in violation of Rule 2010. Without admitting or denying the FINRA findings, Mr. Tau agreed to the sanctions and was ordered to pay a $7,500 fine and suspended for two months. Do You Need An Attorney Who Sues Stockbrokers Who Made Unsuitable Investment Recommendations? New York has thousands of stock brokerage firms and investment advisory offices. With so many stock brokerage firms and investment advisory offices, comes the potential for their stockbrokers, financial advisors, and other representatives to recommend unsuitable securities investments in light of the customers stated investment objectives, risk tolerance, financial condition, time horizon and other important factors and to engage in many other kinds of stockbroker fraud and stockbroker misconduct which violates Federal and New York securities laws and Financial Industry Regulatory Authority (FINRA) rules and stock brokerage firms policies and procedures. Experienced Unsuitable Investment Lawyers Who Handle FINRA Arbitrations Throughout New York and Nationwide. Are you a New York investor who has suffered significant losses in your stock brokerage and investment accounts? Did they recommend unsuitable securities transactions or strategies? Broker-Dealer attorneys always argue to the arbitration panel the securities transactions (buy, sell or hold) and/or strategies to engage in short selling, trade on margin, use securities based lending and complex option or futures trading strategies were suitable for the customer. They routinely misrepresent the customers’ investment objectives, risk tolerance and financial condition on account documents. Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. More importantly, you will need the representation of an experienced, top rated and nationally recognized FINRA arbitration attorney — a lawyer who knows FINRA rules and procedures and how to handle these FINRA arbitration cases and other complex legal issues. By hiring a top rated securities attorney like Robert Wayne Pearce with over 40 years of experience on both sides of the table in FINRA arbitration proceedings, you will clearly see that Attorney Pearce doesn’t just handle cases—he aggressively represents investors and is one of the best securities attorneys to recover your investment losses for unsuitable recommendations and all types of stockbroker fraud and stockbroker misconduct in FINRA arbitration proceedings! At The Law Offices of Robert Wayne Pearce, P.A., we represent investors with securities breach of fiduciary duty claims and many other kinds of securities law and investment disputes in FINRA arbitration and mediation proceedings. We handle a wide range of practice areas besides breach of fiduciary duty, such as claims involving securities misrepresentation and stockbroker fraud, negligence, failure to supervise, and unsuitable recommendations by stockbrokers and investment advisors. Attorney Pearce and his staff represent investors throughout New York, 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 Free Initial Consultation With An Experienced Attorney Serving New York Residents in FINRA Arbitrations Involving Unsuitable Investment Claims The Law Offices of Robert Wayne Pearce, P.A. are highly experienced lawyers who successfully handle unsuitable investment claims and other investment disputes in FINRA arbitration proceedings, and who work tirelessly to secure the best possible result for you and your case. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of securities law and investment disputes in FINRA arbitrations serving New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Nov 12, 2020

Worden Capital Management Stockbroker David Weisberg Suspended for Excessive & Unsuitable Trading

David Weisberg of Brooklyn, New York submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for allegedly engaging in excessive and unsuitable trading in violation of NASD Rule 2510(b) and FINRA Rules 2111 and 2010. From 2016 to 2019, David Weisberg was registered with Worden Capital Management as a general securities representative. According to the FINRA findings, Weisberg persuaded a seventy-three-year old customer to open a margin account and made certain recommendations that involved in-and-out trading. The FINRA findings stated that Weisberg allegedly used discretion in the customer’s account, made twenty-one unauthorized transactions and failed to track the trading costs or take them into consideration. In addition, due to the excessive and unsuitable trading the customer lost approximately $55,627, while Weisberg received commissions of $75,638. Without admitting or denying FINRA’s findings, David Weisberg was assessed a deferred fine of $7,500, suspended from association with any FINRA member in all capacities for 11 months, ordered to pay deferred disgorgement in the amount of $55,627, plus interest, ordered to pay deferred disgorgement of commissions received in the amount of $20,011, plus interest, and required to complete 10 hours of continuing education about excessive trading. The suspension is in effect from May 4, 2020, through April 3, 2021. FINRA Rule 2111 requires associated persons who control a customer’s account to have a reasonable basis for believing that any series of recommended securities transactions, taken together, is not excessive and unsuitable for the customer in light of his or her investment profile, which includes factors such as risk tolerance and time horizon. While no single metric determines whether trading is excessive, trading has often been deemed excessive if its cost-to-equity ratio is greater than twenty percent. NASD Rule 2510(b) prohibits registered persons from “exercising any discretionary power in a customer’s account unless such customer has given prior written authorization to a stated individual or individuals and the account has been accepted by the member.” Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from excessive and unsuitable trading and/or other misconduct by their broker can file claims to recover damages against broker-dealers, like Worden Capital Management, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct. Have you suffered losses in your Worden Capital Management account due to excessive & unsuitable trading by your broker? Was David Weisberg your stockbroker? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Worden Capital Management stockbrokers who may have engaged in broker misconduct and caused investors’ losses. The most important of investors’ rights is the right to be informed! This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 40 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.

Nov 10, 2020

Former Dawson James and Spartan Securities Stockbroker Mack Leon Miller Suspended for Unsuitable Recommendations and Excessive Trading

Mack Leon Miller of Brooklyn, New York submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for allegedly making unsuitable recommendations and participating in excessive trading in a customer’s account in violation of FINRA Rules 2111 and 2010. In 2017, Mr. Miller was registered as a General Securities Representative (GSR) with both Dawson James Securities and then Spartan Capital Securities. According to the FINRA findings, during his time of employment with Dawson James and Spartan, Mr. Miller allegedly made unsuitable recommendations and engaged in excessive trading in a customer’s account. The findings stated that the customer lacked knowledge as an investor and followed all of Mr. Miller’s recommendations. Due to mounting commissions and fees, it became impossible for the customer to benefit from the exchange. Mr. Miller’s alleged excessive trading, including the commissions and margin interest, caused the customer to lose $69,633. FINRA Rule 2111(a) provides in pertinent part that “(a) member or an associated person must have a reasonable basis to believe that a recommenced transaction or investment strategy involving a security or securities is suitable for the customer, based on the information obtained through the reasonable diligence of the member or associated person to ascertain the customer’s investment profile.” As explained in Supplementary Material 2111.05(c): A violation of FINRA 2111 also constitutes a violation of FINRA Rule 2010, which required associated persons to observe high standards of commercial honor and just and equitable principles of trade in the conduct of their business. Without admitting or denying FINRA’s findings, Mack Leon Miller was assessed a deferred fine of $2,500 plus interest in partial restitution to the customer and suspended from association with any FINRA member in all capacities for five months. The suspension was in effect from May 4, 2020, through October 3, 2020. Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from excessive trading, and/or unsuitable recommendations by their broker can file claims to recover damages against broker-dealers, like Dawson James and Spartan, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct. Have you suffered losses in your Dawson James and Spartan account due to excessive trading and/or unsuitable recommendations by your broker? Was Mack Leon Miller your stockbroker? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Dawson James and Spartan stockbrokers who may have engaged in broker misconduct and caused investors’ losses. The most important of investors’ rights is the right to be informed! This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 40 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.