Investigation of Blake Richards Investment Losses
Friday, May 24th, 2013Have you suffered losses as a result of investing with former LPL financial adviser and broker, Blake Richards? If so, the securities attorneys of The White Law Group may be able to help you recover your losses through a FINRA arbitration claim.
It was recently reported that the SEC has filed a complaint against Blake Richards alleging he misappropriated $2 million of client funds for personal use. According to Reuter.com “The U.S. Securities and Exchange Commission said that Blake Richards of Burford, Georgia, scammed at least six clients after promising to invest their funds in investment vehicles he ran outside of LPL, according to a complaint filed in the U.S. District Court for the Northern District of Georgia.”
“The majority of the misappropriated funds constituted retirement savings and/or life insurance proceeds from deceased spouses,” according to the SEC (here). Blake’s alleged conduct has been going on since at least 2008.
According to the SEC Complaint, Richards was terminated from LPL Financial in May 2013. The complaint also suggests that Richards conducted business through Lanier Wealth Management, LLC, a business he apparently owns and operates.
According to the Financial Industry Regulatory Authority (FINRA) CRD, Blake Richards was registered with FINRA member firms from April 2000 until May 2013. He was registered with Edward Jones from 04/2000 – 08/2004, A.G. Edwards & Son, Inc. from 08/2004 – 02/2007, Ameriprise Advisor Services, Inc. from 02/2007 – 05/2009, and LPL Financial, LLC from 05/2009 – 05/2013.
When a FINRA affiliated broker conducts business outside of the firm with whom he is registered the activity may be considered “selling away.” If a registered broker “sells away” from his firm, the firm may still be liable for negligent supervision of their broker representative and may be responsible for investment losses in a FINRA dispute resolution claim.
If you invested with Blake Richards while he was registered with a FINRA member brokerage firm, suffered investment losses and would like to speak to a securities attorney about your potential to recover losses, please call our Chicago office at 312-238-9650 for a free consultation.
The White Law Group, LLC is a national securities fraud, securities arbitration, investor protection, and securities regulation/compliance law firm with offices in Chicago, Illinois and Boca Raton, Florida.
For more information on The White Law Group, please visit our website at http://www.whitesecuritieslaw.
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Recovery of ATEL Capital Equipment Fund Investment Losses
Friday, May 24th, 2013Have you suffered losses in an ATEL Capital Equipment Fund? If so, the securities attorneys of The White Law Group may be able to help you recover your losses through a FINRA arbitration claim against the brokerage firm that recommended the investment.
According to their website, ATEL Capital Group “provides everything from venture leasing for promising new firms, to large-scale equipment financing for some of the worlds most respected corporations.” The company leases a variety of equipment, including mining, transportation, construction, ocean-going vessels, aircrafts, and machine tools. Currently, ATEL “manages an equipment portfolio of approximately $2 billion.”
ATEL has offered a number of Equipment Funds in order to raise capital. Investors who purchased Limited Liability Units in ATEL Capital Equipment Fund may have been unaware of the high risks. According to the prospectus of one of ATEL’s offerings, ATEL Capital Equipment Fund X, the investment involves significant risks, including:
No market exists for the Units, and an investor may be unable to sell his Units;
The Fund expects to have more cash to distribute than taxable income, so, as in prior ATEL programs, a substantial portion of Fund distributions is expected to be a return of capital;
The Fund’s performance is subject to risks relating to lessee defaults and the value of equipment at the end of the leases;
The Fund has not specified all of its equipment investments; and
The Fund will pay ATEL substantial fees;
It also appears that certain of the ATEL offerings may have decreased substantially in value. According to LPsales.com (a secondary market for private placement investments like ATEL Capital Equipment Funds), ATEL Capital Equipment Fund X has sold as recently as March 2013 for $2.95 per unit, and in April 2013 the ATEL Capital Equiment Fund VIII sold for $0.78 per unit.
Brokers dealers that sold ATEL Capital Equipment Funds have a fiduciary duty to disclose all the risks to investors. In addition, brokerage dealers have an obligation to make investment recommendations that are suitable for an individual given their age, net worth, investment experience and objectives, liquidity needs and risk tolerance.
However, because of the high sales commissions earned by broker-dealers, many may have pushed the sale of ATEL Capital Equipment Funds onto investors.
According to ATEL Capital Equipment Fund prospectus, 9% of investors initial capital is used to pay sales commission and an additional 3.5% is used to cover additional offering expenses.
Broker-dealers that have not done their fiduciary duty or performed adequate due diligence when selling investments may be held liable for damages through the FINRA arbitration.
The White Law Group is investigating potential FINRA arbitration claims involving the following ATEL Capital Equipment Funds:
- ATEL Capital Equipment Fund VII
- ATEL Capital Equipment Fund VIII
- ATEL Capital Equipment Fund IX
- ATEL Capital Equipment Fund X
- ATEL Capital Equipment Fund XI
If you have suffered significant losses in their ATEL Capital Equipment Fund investment and would like to discus your litigation options to recover your investment losses, please contact the attorneys of The White Law group at 312-238-9650 for a free consultation.
The White Law Group is a national securities fraud, securities arbitration, and investor protection law firm with offices in Chicago, Illinois and Boca Raton, Florida.
For more information on The White Law Group, visit http://www.
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vFinance Investments Sanctioned by FINRA
Tuesday, May 21st, 2013According to The Southern Florida Business Journal, a Boca Raton brokerage firm, vFinance Investments Inc., was fined $65,000 by the Financial Industry Regulatory Authority (FINRA) for “conducting a $5.95 million private placement for a company that was on a “restricted list” of firms that should not be dealt with.” In addition, FINRA cited vFinance “for having employees use their personal email accounts to solicit investments and not retaining those records. “
Based on a Letter of Acceptance, Waiver and Consent, it appears that the private placement at issue in the FINRA sanction is $5million in convertible notes. In 2008, vFinance acted as the private placement agent for Perf Go-Green
Holdings (PGOG).
According to FINRA’s BrokerCheck Report, vFinance Investments was formed in 1998 and is registered to sell securities in 53 US states and territories. In addition, the BrokerCheck Report revealed that in 2012 vFinance was fined $22,500 for selling corporate bonds at a price that was not fair and was ordered to pay approximately $7,700 plus interest in restitution to customers.
Brokerage firms have a fiduciary duty to their clients to perform adequate due diligence on an investment prior to offering it for sale to its clients. Brokerage Firms that fail to comply with FINRA rules can be liable for investment losses. This information, which is publicly available, has been provided by The White Law Group, LLC.
If you have questions about investments you made with vFinance Investments, Inc. the securities attorneys of The White Law Group may be able to help. To speak with a securities attorney, please call the firm’s Chicago office at 312-238-9650.
The White Law Group, LLC is a national securities fraud, securities arbitration, investor protection, and securities regulation/compliance law firm with offices in Chicago, Illinois and Boca Raton, Florida.
For more information on The White Law Group, please visit our website at http://www.whitesecuritieslaw.
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VSR Financial Services Inc. Fined by FINRA for Alternative Investment Recommendations
Monday, May 20th, 2013According to Investment News, the Financial Industry Regulatory Authority (FINRA) has fined VSR Financial Services Inc. $550,000, in addition to a 45-day suspension of their chairman, Don Berry, for over concentrating client portfolios in alternative investments.
On May 15th, 2013 VSR entered into a Letter of Acceptance, Waiver, and Consent which alleges that Mr. Berry “failed to adequately implement the firm’s supervisory system pertaining to its supervision of concentrated positions in alternative investments through the use of a ‘discount program,’” which “artificially reduced the amount a customer had invested in a particular investment for purposes of calculation concentration.”
According to the Letter, “when calculating concentration at certain risk levels, VSR reduced the risk ratings on many investments, making the ratings inconsistent with the risks stated in the offering documents related to the investments.”
Alternative investments are security products other than stocks, bonds, and cash. Types of alternative investments include hedge funds, non-traded REITs, TICs, private placements, commodities and financial derivatives. Most alternative investments are intended for accredited high-net worth individuals because they are not subjected to the same public scrutiny and regulatory oversight as traditional investments. Furthermore, alternative investments are often more complex and lack liquidity.
Brokerage firms have a responsibility to make suitable investment recommendations that are inline with the clients risk tolerance. In addition, brokers are required to perform adequate due diligence prior to making investment recommendations to determine if an investment is appropriate given the clients age, liquidity needs, investment experience and financial objectives.
Broker-dealers that have not done their fiduciary duty or performed adequate due diligence when selling investments may be held liable for investment losses through FINRA arbitration.
The White Law Group has filed several FINRA arbitration cases involving VSR’s sales of alternative investments. Those cases have included alternative investments in Reef Oil and Gas, Mewbourne, Waveland, Bradford Energy, Vestara Medical, DBSI, Passco, and Behringer Harvard, among other alternative investments.
If you purchased alternative investments through VSR Financial Services Inc. and would like to discuss your litigation options, please call the securities attorneys of The White Law Group at 312-238-9650 for a free consultation.
The White Law Group is a national securities fraud, securities arbitration, and investor protection law firm with offices in Chicago Illinois and Boca Raton, Florida.
For more information on The White Law Group and the firm’s securities fraud practice visit http://www.whitesecuritieslaw.
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Former Wells Fargo Broker Barred for allegedly cancelling and rebilling transactions.
Thursday, May 16th, 2013FINRA recently announced that Adrienne Marie Llamas, a former financial advisor with Wells Fargo in Long Beach, California, has been barred from the association with any FINRA member in any capacity.
Without admitting or denying the findings, Llamas consented to the described sanction and to the entry of findings that following a registered representative’s instructions, Llamas cancelled and rebilled numerous transactions between customer accounts and accounts that the representative owned or controlled. Cancelling and rebilling profitable trades between accounts is a fraudulent practice known as cherry-picking. Llamas exclusively processed approximately 90 fraudulent cancel-rebills. The rebills allegedly transferred approximately $4,127,669.56 in securities transactions from customer accounts to accounts the representative controlled.
Llamas’ FINRA Broker Report also reveals that she was terminated by Wells Fargo in November 2011 for “issues relating to moving cancel and rebill transactions in a customer account to a financial advisor account without proper documentation.”
The White Law Group is investigating the liability that Llamas’ employers may have for his alleged conduct. To the extent that her employers failed to properly supervise Llamas contributing to clients’ losses, the employers may be held liable for damages in a FINRA arbitration claim.
If you suffered losses investing with Llamas and would like to discuss your litigation options, please call the securities attorneys of The White Law Group at 312/238-9650 for a free consultation.
The White Law Group is a national securities fraud, securities arbitration, and investor protection law firm with offices in Chicago, Illinois and Boca Raton, Florida.
For more information on the firm, visit http://www.whitesecuritieslaw.com.
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