Securities Fraud Lawyer Blog

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Emily Pena of San Antonio, Texas and formerly associated with New York Life Securities in San Antonio submitted a letter of Acceptance, Waiver and Consent in which she was barred from association with any FINRA member in any capacity. Without admitting or denying the findings, Emily Pena consented to the sanction and to the entry of findings that she converted funds from an affiliate of her member firm.

The findings stated that although firm policy prohibited payment of life-insurance premiums by its registered representatives for non-family members, Pena used approximately $7,868 in personal funds to pay premiums for customers unrelated to her. The policies had originally been sold to the customers by agents whom Emily Pena had recruited.

By paying the premiums for the customers, Pena kept the policies in place and artificially increased the recruiting overrides paid to her on policies she sold. Because none of the customers had authorized Pena to make premium payments, she created electronic fund transfer forms that falsely reflected customer authorization. As a result of these actions, Pena received approximately $4,734 in additional compensation to which she was not otherwise entitled.

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Matthew Levitt of Santa Monica, CA and formerly associated with Equinox Securities in Redlands, CA submitted a letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity.

Without admitting or denying the findings, Matthew Levitt consented to the sanction and to the entry of findings that he failed to appear and provide testimony before FINRA in connection with an investigation into whether there were violations of NASD and/or FINRA rules, and/or the federal securities laws, in connection with the offer and sale of certain securities between approximately April 2013 and August 2013.

Matthew Levitt’s registration and disciplinary history

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Kenneth Hornyak of Traverse City, MI and formerly associated with Stifel Nicholas submitted a letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity. Without admitting or denying the findings, Ken Hornyak consented to the sanction and to the entry of findings that he refused to appear for an on-the-record interview in connection with FINRA’s investigation into Hornyak’s potential discretionary trading, unauthorized trading and unsuitable short-term trading in UITs.

Ken Hornyak’s registration and disciplinary history

In order to lawfully sell investments to the public, one must either be registered or exempt from registration.

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Dylan Grayson of Plano, Texas and formerly associated with Merrill Lynch submitted a letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity.

Without admitting or denying the findings, Dylan Grayson consented to the sanction and to the entry of findings that he failed to provide FINRA-requested testimony during the course of an investigation into allegations that he used a customer’s credit card to make purchases for his own personal benefit.

Dylan Grayson’s registration and disciplinary history

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Vikas Goel of Chino Hills, CA and associated with Newport Coast Securities submitted a letter of Acceptance, Waiver and Consent in which he was fined $10,000 and suspended from association with any FINRA member in any capacity for six months.

Without admitting or denying the allegations, Vikas Goel consented to the sanctions and to the entry of findings that he falsified customer documents by obtaining and maintaining pre-signed customer forms. The findings stated that Goel obtained customer signatures on one set of documents and then copied the signature pages and used them for multiple sets of documents for the same customer while transferring customer accounts to his broker dealer from his former firm. Goel maintained pre-signed account transfer documents, as well as other documents requiring a customer’s signature, in his files throughout his employment with the firm. His firm conducted an unannounced audit of Goel’s branch office files and discovered the documents that were either blank forms pre-signed by a customer or forms completed using an earlier obtained signature.

Goel’s suspension is in effect from August 17, 2015, through February 16, 2016.

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Jonah Engler of New York, NY and formerly associated with Global Arena Capital submitted a letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity. Without admitting or denying the allegations, Jonah Engler consented to the sanction and to the entry of findings that he recklessly misrepresented material facts to his customers regarding senior secured zero-coupon notes issued by a Metals, Milling and Mining, LLC in a private placement offering, in willful violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.

Jonah Engler, along with other individuals, fraudulently sold a total of nearly $3 million worth of the notes to 59 customers. The findings stated that Engler recklessly misrepresented that the notes were collateralized when in fact, there was not any collateral for them. Engler failed to confirm that the collateral existed and that the supposed collateral had any value and recklessly misrepresented to prospective purchasers that their investments would be adequately secured by collateral.

The findings also stated that Engler recklessly failed to conduct a reasonable investigation of the viability and legitimacy of Metals, Milling and Mining LLC in the face of numerous red flags that the company was a fraud. Engler failed to obtain basic information about the company that was necessary to the due diligence process in order to understand an investment in it. Without such information, Engler lacked a reasonable basis to recommend the notes to investors. The investors lost all of the money that they invested in the notes, with the exception of three investors who were repaid with funds from new investors.

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that Malcolm Babin of Gonzales, Louisiana, and formerly associated with PFS Investments in Baton Rouge submitted a letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity. Without admitting or denying the findings, Babin consented to the sanction and to the entry of findings that he failed to provide FINRA with requested documents and information during the course of an investigation into allegations that he converted non-firm customer funds and engaged in undisclosed outside business activities.

Malcolm Babin’s registration and disciplinary history

In order to lawfully sell investments to the public, one must either be registered or exempt from registration.

In September, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that Jeffrey Auerbach of New York, NY, and formerly associated with Vfinance Investments submitted a letter of Acceptance, Waiver and Consent in which he was fined $15,000 and suspended from association with any FINRA member inany capacity for 90 days.

Without admitting or denying the findings, Jeffrey Auerbach consented to the sanctions and to the entry of findings that he participated in private securities transactions totaling $218,000 without first seeking and receiving his member firm’s written approval. The findings stated that Auerbach attested on compliance questionnaires that he did not participate in any private securities transactions outside of the firm. The suspension is in effect from July 20, 2015, through October 17, 2015.

 Jeffrey Auerbach’s registration and disciplinary history