Tag Archives: Massachusetts

James Fleming Investment Loss Recovery

Please call 1-866-817-0201 to discuss potential investment loss recovery for investors of James Fleming.  Mr. Flemming previously work for Investors Capital Corp. (“ICC”) and currently works for Questar.  Initial consultation with an attorney is free of charge.

Wall Street photo 2As identified by FINRA regulators, between June 2010 and December 2014 (the ”Relevant Period”), Fleming engaged in a pattern of short-term trading of UITs in two customers’ accounts. UITs are investment companies that offer shares of a fixed portfolio of securities in a one-time public offering, and terminate on a specified date. As such, they are not designed to be used as trading vehicles. In addition, UITs typically carry significant upfront charges, and as with mutual funds that carry front-end sales charges, short-term trading of UITs is presumptively improper.

During the Relevant Period, in connection with two customers’ accounts, Fleming repeatedly recommended that the customers purchase UITs and then sell them well before their maturity dates. The UITs that Fleming recommended had maturity dates of 24 months or longer and carried significant sales charges.

Nevertheless, on 177 occasions, Fleming recommended that his customers sell their UIT positions within eight months oftheir purchase. The holding period for the UITs ranges from between three and 235 days, with an average holding period ofonly 96 days. In addition, on several occasions, Fleming recommended that his customers use the proceeds from the short-term sale of a UIT to purchase another UIT with similar investment objectives. Fleming’s recommendations caused the customers to incur unnecessary sales charges, and were unsuitable in view ofthe frequency and cost ofthe transactions.

Regulators suspended Flemming for a period of four months and imposed a $10,000 fine.

Annuity Losses with Roger Zullo

LPLIf you suffered investment losses or stuck in a variable annuity, or other investment losses, as a result of Roger Zullo, formerly of LPL Financial, please call 1-866-817-0201.

On April 4, 2017, Zullo entered a Consent Order, a settlement, with the Massachusetts Securities Division resolving charges made in an administrative complaint by the state against Zullo and LPL.

The complaint alleged that Zullo, under the oversight of LPL, defrauded their clients, falsified client financial suitability profiles, and sold his customers unsuitable variable annuities. Pursuant to the Consent Order, without admitting or denying any allegations of fact or violations o flaw, he consented to a permanent bar from the securities industry in Massachusetts, a $40,000 administrative fine, and disgorgement of $1,875,348. Payment for disgorgement was waived due to Zullo’s circumstances, however, this does not preclude investors from retaining private attorneys to seek this recovery from LPL.

The action stems largely from variable annuity sales.  Zullo, allegedly, recommended variable annuities to elderly individuals.  Investment professionals have a legal duty to only recommend suitable investments.  Variable annuities are inherently unsuitable for seniors.  Not only do they lock-up the funds at a time when people need access to their funds, the investments pay the broker a very high commission.  This commission is for the sale of many aspects of the variable annuity that senior investors do not need.  These include tax deferral and life insurance.  When a broker makes a heightened commission for the sale of things that are unneeded, the broker puts his interests ahead of the investors, and that constitutes a form of fraud known as the sale of “unsuitable investments.”

Zullo first became registered with FINRA as an IR in September 1998. He maintained that registration through consecutive associations with two member firms between September 1988 and August 2004. From August 2004 through December 2016, he was registered as an Investment Representative with LPL.

In November 2004, Zullo also became registered as IP through his association with the Firm. Zullo maintained those registrations through his association with the Firm until December 2016. Zullo worked for the Firm as a broker-dealer agent and investment adviser representative in Wellesley, Massachusetts.

On January 10,2017, FINRA sent a request for information and documents pursuant to FINRA Rule 8210 to Zullo with a response date of January 24, 2017. Zullo, through his counsel, requested two extensions to the January 10 request. Pursuant to these requests, FINRA extended the response date to March 1,2017.

Zullo did not provide any documents or information to FINRA in response to the January 10 request. On March 2,2017, FINRA sent a second request for documents and information pursuant to FINRA Rule 8210 to Zullo with a response date of March 16, 2017. Zullo did not provide any documents or information to FINRA in response to the March 2 request.

The resulting FINRA punishment is a permanent bar from the securities industry.

Investment Professionals, Inc. (IPI)

If you have suffered investment losses with Investment Professionals, Inc. (IPI) and believe that it may be due to mismanagement, please call 1-866-817-0201 for a free and confidential attorney consultation.

Invest photo 2IPI has recently agreed to pay a fine to the Massachusetts Attorney General for violations of the suitability rule.  This rule requires a financial adviser to not recommend investments that are of a higher risk than an investor either wants or is financially able to take.  The allegations were that IPI was recommending risky investments to seniors who could not afford to take such risks. Though the action was brought by Massachusetts, the systemic nature is a good indication that such violations are occurring in other states as well.

IPI’s business model is based upon partnering with community banks so that the bank’s existing depository customers can be used to provide revenue to IPI and additional revenue to the bank. Though IPI is based in San Antonio, Texas, it engages in such partnerships around the country.

Networking agreements between IPI and their bank partners reveal a referral program where bank employees of its partner banks refer bank customers to IPI financial advisers for monetary incentives. In exchange for allowing IPI representatives convenient access to bank customers, IPI’ s bank partners receive “rent,” or commonly referred as a kickback, which is a percentage of the sales that IPI representatives earn from selling products at bank branches.

While IPI and their bank partners profit from their networking arrangements, the pervasive sales culture emphasizing and rewarding the volume of production at the expense of compliance with policies and procedures, suitability, and oversight means that certain senior citizen bank customers have been harmed .

As identified in the regulatory complaint, IPI has partnered with the following. banks and credit union in Massachusetts: Eastern Bank, Mutual Bank, East Boston Savings Bank, Edgartown National Bank, The Cooperative Bank, and Homefield Credit Union.  Between January 2014 and June 2016, the top ten IPI representatives working out of Massachusetts community banks received approximately 2,208 customer referals. Approximately forty-five percent ( 45%) of these bank referrals to IPI financial were referrals of semor citizens, those individuals aged 65 or older. Approximately fourteen percent (14 %) of those referred invested in market-linked certificates of deposit (“MLCDs”) and approximately thirty-nine percent (39%) invested in annuities. Eastern Bank, is IPI’s largest partner in Massachusetts. Eight of the top ten highest producing IPI representatives in the stat work at Eastern Bank branches.

IPI’s aggressive sales contests exist against a backdrop of lax supervision from offices located in Texas and Kentucky that management personal at IPI identified as “not adequate.” Although IPI’s own policies and procedures prohibit “activities that are designed to reward sales for a particular financial product or family of products” and prohibit activities that “would only serve as a luxury” to representatives, in 2016 IPI rewarded the top ten percent of the previous year’s highest-producing representatives with a trip to Turks and Caicos. In 2015, IPI held a sales contest approved by IPI’ s President and CEO whereby representatives who achieved sales of products up to $150,000.  This served as motivation to put seniors in inappropriate investments.