Apr 26, 2021

Gilbert, Arizona Attorney Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did David T. Phillips Cause You Investment Losses? David T. Phillips of Gilbert, Arizona submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member for a period of nine months. The sanctions were based on findings that he allegedly participated in private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from December 7, 2020, through September 6, 2021. From November 20, 2017, through November 30, 2018, David T. Phillips was registered with Moloney Securities Co., Inc. as a General Securities Representative. According to the FINRA findings, Phillips allegedly solicited eight investors to purchase securities in Future Income Payments (FIP) worth $876,636 and promised a 7% to 8% rate of return. FIP ceased to do business, owing nearly $300 million in unpaid investor payments. The findings state that Phillips received $33,184 in commissions. He allegedly never sought or obtained approval from his firm to participate in the private transactions. Although David T. Phillips is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. 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.” Do You Need an Arizona FINRA Securities Arbitration Attorney? Did your Arizona 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 Gilbert, Arizona 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 Arizona, 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 Arizona 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 27, 2021

Fargo, North Dakota Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Lonna R. Dehn Ristvedt Cause You Investment Losses? Lonna Rae Dehn Ristvedt of Fargo, North Dakota was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for a period of four months. The sanctions were based on findings that she engaged in undisclosed and unapproved private securities transactions in violation of NASD Rule 3040 and FINRA Rule 2010. The suspension was in effect from October 19, 2020, through February 18, 2021. In July 2010, Lonna Rae Dehn Ristvedt joined National Planning Corporation and became registered as an Investment Company and Variable Contracts Products Representative and Principal. According to the FINRA findings, Ristvedt allegedly solicited two investors to purchase securities in Future Income Payments (FIP) worth $163,320 and promised a 7% to 8% rate of return. The findings state that Ristvedt received $5,457.66 in commission but never sought or obtained 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 Lonna Rae Dehn Ristvedt is not currently registered or associated with a FINRA member firm, she remains subject to FINRA’s jurisdiction and sanctions. NASD Rule 3040 provides 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….” Where, as here, the associated person will receive selling compensation, the Firm must approve the proposed activity in writing. A violation of Rule 3040 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 North Dakota FINRA Securities Arbitration Attorney? Did your North Dakota 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 Lawyers Representing Fargo, North Dakota 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 Dakota, 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 Dakota 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 25, 2021

Cumming, Georgia Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Lewis Nelson Lester Sr. Cause You Investment Losses? Lewis Nelson Lester Sr. of Cumming, Georgia submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member in all capacities for one year. The sanctions were based on findings that Lester allegedly participated in private securities transactions without notice or approval from his firm in violation of FINRA Rules 3280 and 2010. In August 2017, Lewis Nelson Lester Sr. joined Olden Lane Securities, LLC and became registered as a General Securities Representative and General Securities Principal. According to the FINRA findings, Lester participated in two private securities transactions facilitating additional sales of ownership units in an LLC. The findings state that Lester allegedly signed two addendums to an investor’s original subscription agreement to which they made a $1,500,000 investment and received additional ownership units in the LLC. Additionally, the findings state that although Lester disclosed his role as CEO of the LLC, the transactions were outside the regular course and scope of Olden Lane because he failed to provide prior written notice of these transactions. Although Lewis Nelson Lester Sr. is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction and its sanctions. FINRA Rule 3280 requires that prior to participating 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.” Do You Need a Georgia FINRA Securities Arbitration Attorney? Did your Cumming, Georgia 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 Lawyers Representing Cumming, Georgia 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 Georgia, 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 Georgia 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 13, 2021

Summit, New Jersey Lawyer Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Andrew Joseph LeBlanc Cause You Investment Losses? Andrew Joseph LeBlanc II of Summit, New Jersey was fined $20,000 and suspended from association with any FINRA member for a period of six months. The sanctions were based on findings that he participated in private securities transactions without notice or approval from his firm in violation of NASD Rule 3040 and FINRA Rule 2010. The suspension is in effect from November 16, 2020, through May 15, 2021.  In 1995, Andrew Joseph LeBlanc II joined Merrill Lynch, Pierce, Fenner & Smith, Inc. and became registered as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5) disclosing that LeBlanc had been terminated due to alleged misconduct. According to the FINRA findings, LeBlanc allegedly participated in two private transactions totaling $1.75 million without notifying his firm. The findings state that LeBlanc did not receive compensation for participating in the transactions and the customers are unlikely to receive any return. In addition, LeBlanc allegedly failed to report the private transactions on his firm’s annual compliance questionnaires. NASD Rule 3040 prohibits any person associated with a member from “participating in any manner in a private securities transaction” without first providing written notice to his member firm.1 NASD Rule 3040(e) defines a private securities transaction as any securities transaction outside of the regular course or scope of an associated person’s employment with a member. Participation in a private securities transaction includes not only making the sale, but also, for example, “referring customers, introducing customers to the issuer, [and] arranging and/or participating in meetings between customers and the issuer.”2 A violation of NASD Rule 3040 is also a violation of FINRA Rule 2010. Do You Need a New Jersey FINRA Securities Arbitration Attorney? Did your New Jersey 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 Summit, New Jersey 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 New Jersey, 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 Jersey 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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