Articles Posted in Disciplinary Actions

The securities attorneys at The Law Office of David Liebrader have opened an investigation into the securities related conduct of Pension Funding LLC.  Our firm has received calls from investors who were solicited by licensed FINRA brokers to purchase the Pension Funding investments, which have gone into default.

Pension Funding, LLC formerly of Huntington Beach California has been the subject of multiple court actions concerning its business practices.  Investors who funded loans to pensioners may have recourse against the agents who solicited their investments.

On March 5, 2015 the State of California’s Department of Business Oversight issued a cease and desist order against Pension Funding LLC; its related companies, Pension Income LLC and U.S. Pension Funding, and its officers, Rex Hofelter and Edward Lichtig.

On February 16, 2016 the Securities and Exchange announced that Wade Lawrence submitted an Offer of Settlement, which the SEC determined to accept. Solely for the purpose of the SEC’s  proceedings and without admitting or denying the findings therein, Wade Lawrence agreed to the findings that he made unauthorized trades in high risk, speculative securities in his customers’ accounts.

The complaint alleged that from approximately 2010 through 2013 while employed at Oppenheimer & Company, and later Southwest Securities, both in the Dallas Ft. Worth area, Lawrence fraudulently obtained close to $500,000 from his clients and used the money for personal expenditures.

In a related criminal action, Lawrence plead guilty to fraud, and in January, 2015 was sentenced to thirty six months imprisonment and ordered to pay $1,454,384.48 in restitution.

In November, 2014, the Financial Industry Regulatory Authority (“FINRA”) announced that Bart Ellis of Chicago, IL and formerly associated with Ameriprise Financial had been barred from FINRA membership for making unauthorized trades in his customer’s account.

Ellis had been named in a FINRA complaint alleging that he made unauthorized trades in a  client’s account without first discussing the trades with her.

The complaint alleged that Ellis created a false telephone log of entries in an effort to create the appearance that he had discussed the transactions with his client, and that she had authorized the trades. In fact, the hearing panel found that these entries were false, and that the customer did not have any telephone conversations with Ellis on any of the posted dates.

In February, 2016, the Financial Industry Regulatory Authority (“FINRA”) announced that David Escarcega of Phoenix, AZ, and associated with Center Street Securities had been barred for his role in selling GWG secured debentures.

On February 29, 2016, a panel of FINRA’s Office of Hearing Officers issued a decision ordering that David Escarcega be barred from association with any FINRA member firm.

The hearing panel found that the GWG Debentures were illiquid, speculative investments involving a high degree of risk, and not suitable for investors that had any need for liquidity before the maturity date.

Unregistered financial advisor Reza Baharimehr (aka Mohamed Baharimehr) of Los Angeles, CA and Las Vegas, NV was hit with three judgments in Clark County NV District court for his role in a scam targeting elderly people. The Law office of David Liebrader represented the Plaintiffs in all three cases.

Reza Baharimehr who holds no securities licenses, sold shares in a company called Velcor LLC, a company that purportedly invested in a cocoa planation in Ecuador, as well as life settlement contracts.

Baharimehr targeted an elderly, terminally ill man who was in hospice, for an investment into the Velcor program. After the man died, his heirs sued to recover the losses. Baharimehr agreed to pay the heirs the full amount of the loss beginning in March 2015, but defaulted on his obligations, forcing the heirs back into court to obtain a judgment. In July, 2015 the court entered judgment against Baharimehr and his business partner John Schemetti for $238,000.

The securities attorneys at The Law Office of David Liebrader have opened an investigation into the securities related conduct of IBN Financial Services, a FINRA registered broker dealer that was sanctioned by the Pennsylvania Department of Banking and Securities in July 2014.

In July, 2014 IBN Financial Services entered into a consent agreement and order with the state of Pennsylvania pertaining to allegations that the firm operated in violation of the Pennsylvania Securities Act in regards to the way in which they supervised a registered representative employed with their firm.

The investigation arose from an examination conducted by the state in July 2013, which disclosed that a broker who was supposed to be on “heightened supervision” was not being supervised according to the requirements of the written guidelines.

The securities attorneys at The Law Office of David Liebrader have opened an investigation into the securities related conduct of Steven Wyatt, a FINRA registered representative formerly associated with Morgan Stanley in Ridgeland, Mississippi.

In October 2015 Steven Wyatt disclosed that he was the subject of an investigation by the Mississippi Secretary of State into whether or not he had violated the Mississippi Securities Laws pertaining to conduct that occurred between 2007 and 2012. This investigation follows on the heels of a FINRA investigation into Steven Wyatt’s sales of securities of a company known as Morris Innovative. Wyatt entered into an acceptance waiver and consent (“AWC”) decree with FINRA whereby for purposes of the proceeding he consented to the entry of findings that he engaged in conduct that was a violation of FINRA rules pertaining to his recommendations and purchases of Morris Innovative securities. As a result of the AWC, Wyatt was fined $12,500 and suspended from FINRA membership association for a period of four months.

FINRA maintains a database that the public can access to check the credentials of their financial advisors. The website, also known as broker check contains a listing for Steven Wyatt, who, in addition to the FINRA and MS Secretary of State investigations, has been the subject of eight customer complaints, including those for churning, and making unsuitable investments.

Richard Isgrig, a registered representative formerly with Northwestern Mutual of Cincinnati, OH was suspended from FINRA membership for violations of Rule 9552

FINRA Rule 9552. Failure to Provide Information or Keep Information Current

provides if a member, person associated with a member or person subject to FINRA’s jurisdiction fails to provide any information, report, material, data, or testimony requested or required to be filed pursuant to the FINRA By-Laws or FINRA rules, or fails to keep its membership application or supporting documents current, FINRA staff may provide written notice to such member or person specifying the nature of the failure and stating that the failure to take corrective action within 21 days after service of the notice will result in suspension of membership or of association of the person with any member. In January, 2016 Richard Isgrig was suspended from FINRA membership for violating Rule 9552.

Sam Collaku, a registered representative formerly with National Securities in Edison, NJ was suspended from FINRA membership for violations of Rule 9552

FINRA Rule 9552. Failure to Provide Information or Keep Information Current

provides if a member, person associated with a member or person subject to FINRA’s jurisdiction fails to provide any information, report, material, data, or testimony requested or required to be filed pursuant to the FINRA By-Laws or FINRA rules, or fails to keep its membership application or supporting documents current, FINRA staff may provide written notice to such member or person specifying the nature of the failure and stating that the failure to take corrective action within 21 days after service of the notice will result in suspension of membership or of association of the person with any member. In January, 2016 Sam Collaku was suspended from FINRA membership for violating Rule 9552.

Ray Aleksey, a registered representative formerly with Wells Fargo in Brooklyn, NY was suspended from FINRA membership for violations of Rule 9552

FINRA Rule 9552. Failure to Provide Information or Keep Information Current

provides if a member, person associated with a member or person subject to FINRA’s jurisdiction fails to provide any information, report, material, data, or testimony requested or required to be filed pursuant to the FINRA By-Laws or FINRA rules, or fails to keep its membership application or supporting documents current, FINRA staff may provide written notice to such member or person specifying the nature of the failure and stating that the failure to take corrective action within 21 days after service of the notice will result in suspension of membership or of association of the person with any member. In January, 2016 Ray Aleksey was suspended from FINRA membership for violating Rule 9552.