Posts Tagged ‘U.S. Securities and Exchange Commission’

“Buckets of Money” Claims Lead To Hefty Fines

July 11th, 2013
English: Certified Financial Planner, author, ...

Certified Financial Planner, author, radio and television personality, and inventor of the Buckets of Money strategy Ray Lucia at Sean Hannity’s Freedom Concert in San Diego, California, August 28, 2010. Photo by Andi Hazelwood. (Photo credit: Wikipedia)

Mr. Raymond Lucia Sr., a financial advice author and syndicated radio personality, has been fined $50,000 related to SEC allegations.  The SEC alleged Mr. Lucia provided investors with misleading information regarding his wealth-management strategy, Buckets of Money (BOM).

Mr. Lucia currently hosts the weekday “Ray Lucia Show” which promotes investment strategies that focus on retirees. The SEC alleged that slideshows and other media used by Mr. Lucia to demonstrate the BOM strategy used misleading data to illustrate how a series of fictional portfolios would have performed during various markets over time.

According to an initial decision issued on Monday of this week by an administrative judge, Mr. Lucia made false claims that this “time-tested” investment strategy—geared towards providing retirees with inflation-adjusted income—had been “backtested” empirically during bear markets. The administrative judge further barred Mr. Lucia from any association with any investment broker or adviser and ordered Mr. Lucia’s San Diego-based law firm, Raymond J. Lucia Companies Inc., to pay $250,000. The firm’s investment adviser registration was also revoked.

Mr. Lucia was initially accused by the SEC last September of promoting the misleading “Buckets of Money” strategy at a series of investment seminars. These seminars were hosted by Mr. Lucia and his company and were put on for potential clients. According to the SEC’s September order instituting administrative and cease-and-desist proceedings, the backtesting on the “Buckets of Money” strategy evidenced by Mr. Lucia was insufficient.  Further, the SEC alleged that Mr. Lucia made misrepresentations and omissions related to investment-adviser fees, returns on real estate investment trusts, and inflation rates.

Presently, Mr. Lucia is reviewing the opinion within the SEC’s case and is considering an appeal according to Wrenn Chais, Mr. Lucia’s attorney with Locke Lorde LLP in Los Angeles. “While we respect the commission and its regulatory processes,” said Wrenn, “we respectfully disagree with the majority of the findings of the opinion and the penalties assessed.”

The Carlson Law Firm is investigating potential claims related to this decision. Please feel free to contact our office if you feel you may have a claim at 619-544-9300.

Daniel Carlson is a lawyer in San Diego focused on securities litigation who specializes in recovering investment losses for his clients.

 

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SEC Brings Investment Fraud Action Against Former LPL Employee

July 9th, 2013
Seal of the U.S. Securities and Exchange Commi...

Seal of the U.S. Securities and Exchange Commission. (Photo credit: Wikipedia)

Daniel Carlson is a San Diego-based attorney focused on securities litigation who specializes in recovering investment losses for his clients.

Recently, accusations have been brought against a financial advisor affiliated with the LPL for committing investment fraud through the misuse of both his position and the trust of his clients in defrauding them.

The Securities and Exchange Commission (SEC) has alleged that Blake Richards, previously registered as a representative with LPL Financial and based in Georgia, misappropriated potentially more than $2 million sourced from no fewer than seven investors over the past five years.

Over the course of the past several years, while employed at LPL, Richards “had little to no commission production and few clients of his own.” Nonetheless, some of the clients that Richards did have were registered under a co-worker’s accounts because Richards himself lacked both insurance and the other licenses required for the legal assistance of his clients’ brokerage and business needs.

The SEC explains in its complaint that Mr. Richards engaged in investment fraud by telling investors that he was going to place their investment into assets with fixed income and variable annuities, in addition to other kinds of investment products. Allegedly, Mr. Richards’ clients had been told that they should write checks payable to either one of two different companies that he controlled: “BMO Investments” or “Blake Richards Investments.” Then instead of using the money to invest as he had promised, he then misappropriated the funds for himself according to the SEC complaint.

With at least two elderly investors involved, the largest portion of the funds comprised savings for retirement and/or proceeds from life insurance collected on spouses who were deceased. Moreover, it is alleged that Mr. Richards utilized account statements that were fictitious and prepared using letterhead from LPL Financial in order to cover up the scheme. Allegedly, Mr. Richards also misrepresented his title to investors as “Accredited Asset Management Specialist”, a College for Financial Planning professional designation.

In addition to the SEC’s preliminary injunction request, a permanent injunction is also being sought, along with the disgorgement of Richards’ wrongful gains—with interest prior to the judgment—and civil penalties.

If you think that you have been the victim of investment fraud, contact Daniel Carlson at the Carlson Law Firm today for a free consultation at 619-544-9300. Also, be sure to follow my firm on LinkedIn and Twitter.

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SEC Continues Record Crackdown But Does it Help Investors?

November 16th, 2012

Once again, it is record setting time at the SEC.  The United States Securities and Exchange Commission announced on Wednesday, November 14, 2012, that they have set yet another record in 2012 in their enforcement actions against broker-dealers, investment advisers, and senior executives involved in fraud.

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Touting examples of their ramped up efforts, the SEC highlighted two cases – one against Oppenheimer Funds, which to have misled the investing public in funds that suffered dramatically during the financial crisis, and another against UBS Financial Services of Puerto Rico and several of its executives for disclosure violations in regards to the sales of mutual funds.

Despite the news of record setting enforcement activity, it is rare for damaged investors to ever be made whole as the result of an SEC enforcement action.  While the SEC may impose fines and penalties against the brokers and companies, individual investors are left with no other avenue but to pursue their grievances in private litigation either in court or binding arbitration.

At Carlson Law Firm, we are experts in protecting investors’ rights.  We offer a free evaluation of your case and based on that review, a variety of fee agreements.  We can help you recover what the SEC cannot, with the goal of making you whole again.

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Ray Lucia San Diego Investment Advisor charged by SEC – Buckets of Money?

September 14th, 2012

The Securities and Exchange Commission today accused local San Diego radio talk show host and bestselling author Ray Lucia of misleading potential investors in regards to his investment strategy called “Buckets of Money.”

Seal of the U.S. Securities and Exchange Commi...

Seal of the U.S. Securities and Exchange Commission. (Photo credit: Wikipedia)

The SEC alleges that Lucia misled potential investors when he told them that his method had been “back-checked” using historical data from past bear markets and that the investors money would be safe and grow.  According to the SEC, the investment program failed to account for fees and included artificially lowered inflation rates.   When historically accurate rates of inflation were used, a 1973 investor would have run out of money by 1989, the SEC said, a far cry from the return claimed by Lucia.

The SEC said Lucia and his company “have admitted during the SEC’s investigation that the only testing that actually performed were some calculations that Lucia made in the 1990’s – copies of which no longer exist – and two two-page spreadsheets.”  Lucia was aware that using the undervalued inflation rate would “make the results look more favorable for the Buckets of Money Strategy,” according to the SEC.

In addition to barring Lucia from making misleading claims, the SEC’s Order instituting Administrative and Cease-and-Desist Proceedings seeks financial penalties and “other remedial actions.”

Lucia quickly posted a passionate defense to the SEC allegations on his website on Wednesday afternoon, stressing that the investigation was a civil matter and not a criminal case and that it involved something he had not used in over two years.  “I want to assure you that I intend to vigorously defend this absolutely meritless lawsuit and will seek an early trial,” said Lucia.

Despite the allegations, Lucia’s website is promoting a seminar to be held at The Hilton San Diego Resort & Spa on September 22nd, which will be co-hosted by actor and financial columnist Ben Stein, and former San Diego Mayor and current talk show host Roger Hedgecock.

Carlson Law Firm is reviewing potential claims against Ray Lucia and his affiliates.  To speak with an attorney regarding your, please call Carlson Law Firm 619-544-9300  for a free consultation.

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Will the SEC File Investment Fraud Charges Against Credit-Rating Companies?

July 5th, 2011
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According to the Wall Street Journal, in May 2011 the Securities and Exchange Commission (SEC) acknowledged that credit-rating agencies, desirous of pleasing the companies they rate, are sometimes less than objective in their evaluations. To mitigate this problem, the SEC has proposed that credit-rating firms operate under stricter guidelines.
This month, the Journal reports that the SEC is currently contemplating civil fraud charges against some of these credit-reporting firms for their part in the development of mortgage-bond deals that precipitated the recent financial crisis.
During its investigation, the SEC is examining the research done by Standard & Poor, Moody’s Investors Services, and other ratings agencies into the subprime mortgages (and additional loans) that underpinned recent ill-fated mortgage-bond deals. Was the research adequate? Or was it so slipshod as to constitute negligence or fraud?
Although a Standard & Poor spokesperson declined knowledge of any SEC investigation, she maintained that the ratings firm would cooperate with any request made by the SEC.
The SEC’s inquiry into ratings firms is part of its larger investigation into Wall Street’s culpability in the recent financial crisis. The investigation may or may not result in investment fraud charges being brought against the companies under scrutiny.

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Posted in Fiduciary Duty Breach, Investment Fraud, Negligent Misrepresentation, Securities Arbitration, Securities Fraud, Securities Law, Securities Litigation, Stock Loss | Comments (0)

Performance Fee Thresholds for Investors to be Raised by the SEC

June 9th, 2011
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High net-worth investors will enjoy lower fees—that is, if the Securities and Exchange Commission’s (SEC’s) proposed changes to performance based fees proceed as planned.

The SEC intends to increase the dollar thresholds investors must meet before financial professional can charge them performance based fees. Currently, the thresholds are determined under two provisos of Rule 205-3 of the Investment Advisers Act: (1) brokers must have a reasonable belief that the client has a net worth of more than $1.5M, or (2) they must manage a minimum of $750,000 worth of investments for the client.

According to investment recovery lawyer Daniel Carlson of Carlson Law Firm, APC the current Act contains inherent risks for the average investor because it could encourage brokers to take big risks in order to make bigger fees: “If a high-risk investment fails, brokers don’t experience the financial consequences personally, but investors, particularly retirees, can end up losing everything.”

The SEC says it will issue an order revising the test for allowing performance fees to (1) a reasonable belief that the investor has $2 million in net worth or (2) $1 million of assets under management. In addition, the SEC order will exclude an investors primary residence from consideration in the 2 million dollars net worth evaluation, add a method for factoring inflation into the dollar amount tests.

If you are a high net-worth investor and have been exposed to unsuitable risk, you may have a claim for recovery of your losses.  Contact Carlson Law at 619-544-9300 for a free consultation.

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Did Goldman Sachs Play an Unwholesome Role in the Recent Financial Crisis?

June 2nd, 2011
Goldman Sachs Headquarters, New York City

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According to an article published by Reuters on June 2, 2011, Goldman Sachs has been subpoenaed by the Manhattan District Attorney’s Office for information regarding its role in events which precipitated the recent worldwide financial crisis. Earlier this year, the Wall Street Journal reported that the U.S. Department of Justice also plans to subpoena Goldman Sachs.

Both federal and New York prosecutors want more information about documents discovered through a U.S. Senate subcommittee probe regarding the part Wall Street played in the collapse of the housing market. According to the subcommittee report, as the market began to drop in late 2006 and 2007, Goldman Sachs offloaded much of its subprime mortgage risk to innocent clients. The firm also purportedly took its time fulfilling customer requests to close out their failing accounts.

Last year, the Securities and Exchange Commission (SEC) filed a civil fraud suit against Goldman Sachs for its failure to disclose information linking it to complex mortgage securities. While the firm settled the charges, it refused to respond to the charges.

Are these current subpoenas a serious problem for Goldman Sachs? Financial experts disagree. Dick Bove, a Rochdale Securities analyst, says authorities are simply looking for someone to punish and Goldman Sachs seems like a likely candidate. Still, according to reporter Brad Hintz, any legal action against Goldman Sachs—whether successful or not—is bound to hurt the firm. Hintz advises that the company “make amends.” Other analysts maintain that the investigations will prove fruitless and have little impact on the company.

Meanwhile, Goldman Sachs has issued a public statement that it will “cooperate fully” with the Manhattan DA.

If you experienced financial loss during the recent financial crisis due to stockbroker malpractice, contact a stockbroker attorney at Carlson Law today at 619-544-9300 for a free consultation.

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Posted in Broker Fraud, Fiduciary Duty Breach, Investment Fraud, Negligent Misrepresentation, Securities Arbitration, Securities Fraud, Securities Law, Securities Litigation | Comments (0)

Justice for Morgan Keegan Investors an Ongoing Struggle

May 23rd, 2011
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Morgan Keegan & Company, Inc., a financial services division of Regions Financial Corporation, has been the subject of numerous regulatory investigations in the last few years.

Originally founded by Allen B. Morgan, Jr., James Keegan and two other businessmen in 1969, Morgan Keegan didn’t grow on a large scale until the 1980s when it began acquiring other brokerage houses, beginning with the Mississippi-based Geary & Patterson. By 1990, it had purchased a total of four investment houses, and it was hungry for more. From 1992 to 1997, it bought seven additional firms as well as a sports agency, Athletic Resource Management.

Morgan Keegan itself was purchased in 2001 by Regions Financial. Regions incorporated its brokerage unit into the firm, creating a division specializing in asset management, investment banking and securities brokerage.

In April 2011, the Financial Industry Regulatory Authority (FINRA) as well as various state regulatory agencies and the Securities and Exchange Commission (SEC) filed civil suits against Morgan Keegan.
According to many investor complaints filed with FINRA, State and SEC suits and investigations, from 2004 to 2007, the company marketed Select Intermediate Bond Funds and Select High Income Funds as low-risk securities to investors who had requested safe, short-term corporate commercial paper investments. Furthermore, Morgan Keegan did not inform clients that most of their assets (over 50 percent) were invested in sub-prime, illiquid, untested investment structures, such as mortgage-backed securities and collateralized debt obligations (CDOs).

When the mortgage market collapsed in 2007, investors lost big. According to the SEC, the company and two of its top execs, Thomas Weller and James Kelsoe, purposely hid the plummeting value of their risky investments through 262 so-called “price adjustments.”

The result of Morgan Keegan’s blatantly behavior was predictably catastrophic for their clients. Thousands of investors, hoping to recoup their financial loss, have filed or will file arbitration claims against Morgan Keegan with FINRA.

Unfortunately, although regulators unanimously agree that Morgan Keegan committed acts of egregious fraud that financially harmed clients, investor claimants in FINRA proceedings, generally individual or family trust investors, have thus far experienced very mixed success in recovering their losses. Why? They’ve consistently been denied access to documents necessary to their cases by FINRA arbitration panels.

Despite the fact that Morgan Keegan has publically admitted it’s been the subject of multiple regulatory investigations, the thousands and thousands of documents relating to these investigations have been denied to claimants and their counsel because many arbitrators have refused to order that Morgan Keegan produce this potentially damning paperwork. Consequently, time and time again, arbitration panels have rendered decisions on claims without having all the relevant facts.

Clearly, this must change if investors are to receive just compensation for their financial loss. And with persistent, long-term petitioning by defrauded investors and their lawyers, no doubt it will change.

If you feel you have been a victim of investment fraud or negligence, contact Carlson Law in San Diego. Carlson Law specializes in investment recovery litigation and arbitration. Call 619-544-9300 now for a free consultation.

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Posted in Broker Fraud, Fiduciary Duty Breach, Investment Fraud, Negligent Misrepresentation, Securities Arbitration, Securities Fraud, Securities Law, Securities Litigation, Stock Fraud, Stock Loss | Comments (2)

MEDICAL CAPITAL INVESTOR AWARDED $400,000 BY FINRA ARBITRATOR

April 29th, 2011
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In 2010 Peak Securities, a brokerage house that promoted and sold Medical Capital securities, was found guilty of fraud, negligence, breach of contract, and breach of fiduciary duty by a Financial Industry Regulatory Authority (FINRA) mediator. In this award against brokers selling fraudulent Medical Capital investments, an investor who experienced financial loss due to Medical Capital securities received a $400,000.00 award.

 

Hundreds of investors who bought fraudulent Medical Capital notes through brokerage firms have filed arbitration claims against those firms.  And in our opinion, this judgment for a Medical Capital investor will be the first of many.

The SEC exposes Medical Capital fraud.

The heart of a 2010 Securities and Exchange Commission (SEC) complaint concerning investment fraud focused on Medical Capital.

Medical Capital professed to supply financial backing to providers of healthcare. According to company execs, they bought the accounts receivables of these providers and made loans to them. The accounts receivables were supposedly sold as notes to investors via private placements, also known as Regulation D offerings.

But it appears to have been a Ponzi scheme.

Medical Capital spent millions of investor dollars on administrative costs. Executives also spent millions on a Hollywood film, a yacht, and other extravagant items. And they failed to make interest and principal payments in a timely manner. They even pretended that no previous notes had been defaulted on.

But that’s not all.

According to the SEC receiver, hundreds of millions in medical receivables that had been packaged as Regulation D offerings were either overvalued or fictional. That’s right! Some had never even existed.

It’s been estimated that 20,000 investors bought $2.2 billion worth of Medical Capital notes, approximately $1 billion of which are in default. And that means massive losses for investors.

Comparable cases are pending.

In early 2010, another brokerage firm dealing in Medical Capital notes was sued, this time by the Massachusetts Securities Division of the Office of the Secretary of the Commonwealth. According to the lawsuit, Securities America, Inc. committed wide scale fraud–hundreds of millions of dollars worth of it—by marketing Medical Capital notes. The state alleges that the firm not only failed to perform with due diligence, but it also failed to disclose obvious risks to its investors, despite the urgings of its own president and a third party.

At Carlson Law, we believe that the arbitration award against Peak Securities foreshadows future arbitration awards against Securities America and the other brokerage firms that sold Medical Capital as well as other fraudulent and/or high-risk private placements such as Provident and DBSI.  For further questions and information, contact our securities fraud attorney in San Diego today.

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Posted in Broker Fraud, Investment Fraud, Securities Arbitration, Securities Fraud, Securities Law, Securities Litigation, Stock Fraud | Comments (15)