Supervisory failure leads to $500K fine by FINRA: An insight into Oppenheimer & Co. Case

In a wake up call for broker-dealers, the Financial Industry Regulatory Authority (FINRA) has slapped a whopping fine of $500,000 on Oppenheimer & Co. for failing to properly supervise certain trades. As reported, Oppenheimer's brokers are under target for directly placing trades with fund companies on behalf of customers without requisite inspection bringing the supervisory under scanner for lapses in framework.  Let’s look at the case and try to understand the situation at hand, the importance of supervision in brokerage firms, and why consulting a securities fraud lawyer is essential to safeguard your interests in such a case.  The Oppenheimer & Co. Case(FINRA): An Overview It all happened between January 2011 and December 2015 when Oppenheimer and Co., a big bull in the New York broker-dealer segment, processed around $753 million in early rollovers of UIT transactions out of the total $6.4 Billion.  FINRA, which is a not-for-profit organization working towards ensuring investor protection and market integrity, identified lapses in [...]

KEVIN MCCALLUM HIT WITH $4.8 MILLION CUSTOMER CLAIM INVOLVING MEDLEY CAPITAL STOCK

Kevin McCallum, an Alabama-based stockbroker and financial advisor with Glacier Point Advisors, LLC, who was previously registered with LPL Financial, LLC and NBC Securities, Inc., has disclosed a $4.8 million arbitration claim filed by his customers related to their investment in Medley Capital Corporation. According to the customers’ complaint, McCallum exercised discretionary trading authority in the customers’ account and used over-concentrated the account in a large position in Medley Capital Corporation. Medley Capital holds itself out as a non-diversified closed-end management investment company whose business model was to attempt to generate income and capital appreciation by lending funds to privately-held middle-market companies, primarily through directly originated transactions. The customers alleged that by October 2018, the Medley Capital position constituted over 85% of the total value of their account even though they knew nothing about the company and had no role in the selection of the stock for their account. According to their allegations, McCallum’s customers had a moderate risk profile [...]

By |February 2nd, 2021|FINRA|

FRANKOWSKI FIRM INVESTIGATING POTENTIAL CLAIMS AGAINST FORMER MADISON AVENUE SECURITIES BROKER DAVID L. BARBER

The Frankowski Firm is investigating potential claims against FINRA-expelled broker David L. Barber, of San Diego, California, following Mr. Barber’s expulsion from the securities industry due to his failure to cooperate with a FINRA investigation into allegations that he engaged in unauthorized trading in to the accounts of Madison Avenue customers, exercised discretion in customer accounts without written authorization, or otherwise acted in violation of FINRA rules. Barber and Madison Avenue were also the losing parties in a FINRA arbitration award last month of over $2 million in compensatory damages, punitive damages, attorney’s fees, and case expenses, based on allegations that Madison Avenue and Barber engaged in churning, unauthorized trading, breach of fiduciary duty, and failure to supervise trades in a customer’s account. Prior to his employment at Madison Avenue, Barber was previously fined and censured by FINRA for receiving $867,000.00 in five loans from customers of his firm, while concealing the loans from his employer. Even though Barber paid [...]

FINRA BARS FORMER MML INVESTORS SERVICES BROKER BRIAN MICHAEL TRAVERS FOR REFUSING TO COOPERATE WITH FINRA INVESTIGATION

The Frankowski Firm is investigating potential claims against MML Investors Services, Inc., of Springfield, Massachusetts. The firm has been the subject of ten regulatory actions within the past ten years, not including this month’s FINRA permanent bar of former MML broker Brian Michael Travers of Long Island, New York for failing to cooperate with FINRA’s investigation into his potential undisclosed outside business activities and private securities transactions while he was associated with MML. In June, MML was censured and fined $750,000 by FINRA for its failure to maintain adequate storage of electronic records. In November 2016, MML was sanctioned by FINRA and fined over $1.8 million for its alleged failures to provide available sales charge waivers to retirement plan and charitable organization customers. FINRA found that these eligible customers were instead sold Class A shares with a front-end sales charge or were sold Class B or C shares with back-end sales charges and high fees and expenses. FINRA ordered the [...]

By |December 28th, 2017|FINRA|