Miller Lawyers

Brokers get hit for cutting corners

August 25, 2020 | Dan Miller

cropped-High-Res-TA-2018-2019-284x300 According to Advisor Hub, “Joseph Woitkoski, who was terminated by Raymond James Associates in 2018 after 20 years as a registered rep, was suspended for 30 days and fined $7,500 for allegedly making discretionary trades for 12 customers without their written authorizations, according to an acceptance, waiver and consent letter that Finra accepted on August 20.” Miller Stern Lawyers, LLC – 410-Law-Firm is currently investigating claims and allegations of brokers making discretionary non-authorized trades in clients accounts at brokerages such as Stifel, Morgan Stanley, Wells Fargo and others. If you or someone you know are victims of losses in your accounts because of unauthorized discretionary trades, please call for a free evaluation.

Finra has imposed the sanctions even though “over the course of longstanding relationships, the customers gave authorization to Woitkoski to exercise discretion in their accounts,” according to the letter that the Massachusetts-based former broker signed without admitting or denying the findings. This often occurs in elderly clients, with issues such as elder abuse. Eight of the 12 customers were “seniors,” according to Finra.

“In addition to failing to get permission from customers in writing, Woitkoski never requested or obtained approval from Raymond James. The firm maintained inaccurate books and records because the broker attested in a 2017 compliance questionnaire that he did not exercise discretion in non-fee based accounts, according to the consent letter.” according to Advisor Hub

SEC Settles Securities Fraud Charges Filed Against Stephen Douglas Pizzuti

May 1, 2020 | Dan Miller

Miller Stern Lawyers, LLC – 410-Law-Firm is currently investigating allegations of fraud against Stephen Douglas Pizzuti in connection with an SEC settlement.

According to the settlement posted on www.sec.gov

“Pizzuti (CRD 1461660), age 58, is a resident of DeBary, Florida. At the time of the misconduct that led to his conviction, Pizzuti was associated with a firm that was a Commission-registered broker-dealer and a state-registered investment adviser. Between January 1986 and May 2015, Pizzuti was associated with other broker-dealers registered with the Commission, some of which were also registered as investment advisers. He held Series 7, 24, and 63 licenses. In August 2013 and May 2014, the Financial Industry Regulatory Authority, Inc. (“FINRA”) sanctioned Pizzuti by fining him and suspending him from association with FINRA members. See FINRA Disciplinary Proceeding Nos. 2009017195204, 2011027666902. Merrimac Corporate Securities, Inc. (“Merrimac”), a broker-dealer Pizzuti controlled, was also a respondent in these proceedings. In March 2016, in No. 2009017195204, FINRA expelled Merrimac from membership. On July 17, 2019, the Commission denied Merrimac’s application for review of FINRA’s decision imposing sanctions in No. 2011027666902. See Securities Act Rel. No. 10662.”

‘Money Guy’ and Previous Investment Advisor Philip Rousseaux in Litigation Again

March 12, 2020 | Dan Miller

Miller Stern Lawyers, LLC 410- Law Firm is currently investigating claims against Financial Advisor Philip Rousseaux and Everest Wealth Management allegations of violations of various securities laws. According to the Daily Record, Investment adviser Philip Rousseaux is in another legal battle with his own lawyers this time, facing a lawsuit seeking to recover more than $470,000 in unpaid fees.

“Rousseaux was the owner of Everest Wealth Management, a Towson-based firm known for its popular “Money Guys” infomercial.” The firm was previously barred from doing business in Maryland due to allegations of fraud and securities law violations. Rousseaux’s investment adviser registration was also revoked.”

Potomac-based law firm of Shulman, Rogers, Gandal, Pordy & Ecker P.A. allegedly began representing Rousseaux in 2014and according to their lawsuit, has an outstanding balance of $471,197 that he has refused to pay.

Customer Broker and Investment Fraud Claims to Heat Up

March 11, 2020 | Dan Miller

Bull Bear According to Advisor Hub customer complaints and litigation against brokerages will be heating up with the market turmoil. Most of the industry will likely conclude that coronavirus pandemic fears and oil wars between Russia and Saudi Arabia are the cause of the market drop and are totally out of anyone one person or companies control, however there can be broker misconduct involved in the level of losses because of things such as over-concentration and other individual account irregularities.

“The extent of losses may not be apparent to investors for three to six months, they said, and plaintiffs’ lawyers will then have to analyze portfolios and underlying claims of unsuitability to triage the ones most appropriate for litigation.”

The S&P 500, Dow Jones Industrial Average and Nasdaq Composite are in bear market territory down 20% from their February highs.

Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to customers who claimed that their Financial Advisor, Kenneth Blumberg unsuitably concentrated their portfolios

March 4, 2020 | Dan Miller

Visions from im 5 Miller Law Group – Miller Stern Lawyers, LLC is currently investigating allegations against Kenneth Blumberg and Stifel and has successfully litigated against Stifel, Nicolaus & Company, Incorporated and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments and other securities violations. Blumberg was registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated. Please call 410 Law Firm for more information.

A FINRA arbitration panel has ordered Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to four customers who claimed that their Financial Advisor, Kenneth Blumberg (CRD# 1585520) unsuitably concentrated their portfolios in biotechnology and healthcare stocks at levels exceeding 80%. It was further alleged that while the customers’ portfolios were profitable, Mr. Blumberg failed to protect gains in the account, which was a violation of his duties as a fiduciary, after which time the value in the accounts deteriorated by approximately $1 Million. The case against Stifel asserted that it failed to properly supervise Blumberg. In the Arbitration, the customers recovered 100% of their losses plus approximately $500,000 in consequential damages reflecting what the accounts would have gained from the time they withdrew from Stifel as customers through the date of the Arbitration had the gains been protected and suitably reinvested.

“The concentration risk and asset allocation defects associated with this investment strategy should have been ongoing ‘red flags’,” attorney Daniel J. Miller wrote in the Statement of Claim against Stifel and the broker that was obtained by AdvisorHub. “Yet, if they ever took notice, they failed to contact claimants and failed to take any corrective measures.”

Claimants Awarded More Than $1.5 Million Against Stifel in Failure-to-Supervise Arbitration

October 8, 2019 | Dan Miller

Miller Law Group – Miller Stern Lawyers, LLC successfully litigated against Stifel, Nicolaus & Company, Incorporated and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments and other securities violations. Blumberg was registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated.

A FINRA arbitration panel has ordered Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to four customers who claimed that their Financial Advisor, Kenneth Blumberg (CRD# 1585520) unsuitably concentrated their portfolios in biotechnology and healthcare stocks at levels exceeding 80%. It was further alleged that while the customers’ portfolios were profitable, Mr. Blumberg failed to protect gains in the account, which was a violation of his duties as a fiduciary, after which time the value in the accounts deteriorated by approximately $1 Million. The case against Stifel asserted that it failed to properly supervise Blumberg. In the Arbitration, the customers recovered 100% of their losses plus approximately $500,000 in consequential damages reflecting what the accounts would have gained from the time they withdrew from Stifel as customers through the date of the Arbitration had the gains been protected and suitably reinvested.

“The concentration risk and asset allocation defects associated with this investment strategy should have been ongoing ‘red flags’,” attorney Daniel J. Miller wrote in the Statement of Claim against Stifel and the broker that was obtained by AdvisorHub. “Yet, if they ever took notice, they failed to contact claimants and failed to take any corrective measures.”

$14 Million From J.P. Morgan to Settle Customer Claim Against Advisor Antoine Souma

August 20, 2019 | Dan Miller

Bull Bear Miller Stern Lawyers, LLC, a Maryland Securities and Broker Fraud Law Firm is currently investigating allegations by all clients of J.P. Morgan Securities and Advisor Antine Souma relating to failure to supervise, unsuitable trading and discretionary trading allegations. J.P. Morgan Securities has paid $14 million to settle a claim that, among other things, it failed to supervise Antoine Souma, CRD#: 4210987 , according to regulatory filings.

Antoine Souma, “vehemently denies” the allegations, according to his BrokerCheck report.

The client alleged that over approximately three years, Souma engaged in excessive and unsuitable trading, discretionary trading, falsified performance reports, failed to extend a promised credit line, breach of fiduciary duty, misrepresentation and omission of material facts, breach of contract, constructive fraud, failure to supervise, violation of state and federal securities laws and FINRA rules, and promissory estoppel, according to BrokerCheck.