FINRA January 2017 Disciplinary Actions

FINRA takes disciplinary actions against firms and individuals for violations of FINRA rules; federal securities laws, rules, and regulations; and the rules of the Municipal Securities Rulemaking Board. Below are a number of penalties announced by the regulator in January 2017. If you have been a victim of any of the below behavior, you may have legal recourse. Please contact attorney Richard Frankowski today at 888-741-7503 for a free consultation. FINRA censured and fined VFG Securities, Inc. of Culver City, California $50,000, $10,000 of which is joint and several with Jason Bryce Vanclef. According to FINRA, the firm and Vanclef distributed and listed for sale online Vanclef's self-published book, which contained, false, exaggerated, unwarranted, or misleading statements, and omitted material facts or qualifications where the omissions caused the communication to be misleading. The findings also state they provided customers with misleading personalized recommendation spreadsheets. Advisors Clearing Network, Inc. of Pasadena, California was also censured and fined $50,000. FINRA found that it [...]

Richard Gearhart & George McKown Charged With Securities Fraud

Richard Gearhart of Lowell, Indiana and George McKown of Indianapolis, Indiana have been indicted on fraud charges after prosecutors claim they sold securities to investors despite not being registered to do so. The two were charged with conspiracy to commit securities fraud, securities fraud, and wire fraud, said U.S. Attorney David Capp. According to court documents, Gearhart and McKown allegedly sold securities to people who transferred their pensions, annuities, 401(k)s and cash to invest with them, through Asset Preservation Specialists Inc. under the guarantee that their investments would remain safe. Neither Richard Gearhart nor George McKown was registered to sell securities with the U.S. Securities and Exchange Commission or the state of Indiana. Secretary of State Connie Lawson said in a news release that no matter how trustworthy someone seems, potential investors should ensure that person and the person's businesses are registered with the state of Indiana. "Gearhart had all the warning signs of a typical [...]

Ash Narayan Banned For Defrauding Pro Athletes

Former financial adviser Ash Narayan agreed to be barred from associating with brokerage or advisory firms to settle regulators' allegations that he secretly received nearly $2 million from companies that he invested his professional athlete clients in for at least five years. Narayan additionally placed clients in unsuitable private investments and misrepresented himself as a CPA, according to a complaint filed by the SEC. Narayan, who was managing director of the Irvine, California office of RGT Wealth Advisors, a Dallas firm with about $4.3 billion in assets under management, was temporarily suspended by the Certified Financial Planner Board of Standards in October, pending investigation of the allegations. In February, RGT Wealth Advisors terminated Mr. Narayan, who had worked there since 1997, according to the SEC complaint. The alleged fraud occurred between 2010 and early 2016, during which time he directed $33 million to a company he was heavily involved with and knew was in poor financial condition. [...]

Levi David Lindemann Receives 6-Year Sentence For Ponzi Scheme

Levi David Lindemann, a Minnesota investment advisor, received a six-year prison sentence for stealing from clients and operating a Ponzi scheme, according to the Minnesota Department of Commerce. Lindemann was sentenced to 74 months imprisonment by a U.S. District Court, having pleaded guilty earlier this year to federal mail fraud and money-laundering charges. He was the owner and operator of Gershwin Financial Inc., which did business as Alternative Wealth solutions, from 2009 to 2014. “Lindemann abused his position of trust as a financial adviser to steal from his clients, including the elderly,” Mike Rothman, Minnesota's commerce commissioner, said. “Lindemann defrauded his victims by promising to put their money in legitimate, safe investments when he actually used the funds to pay for personal expenses and Ponzi-type payments to other clients to cover up and continue his fraud.” According to Levi David Lindemann's guilty plea, he solicited funds from roughly 50 investors and said he would “use the invested funds to buy secured [...]