Call 1-866-817-0201 to learn about potential loss recovery for investors of David Fagenson. Mr. Fagenson was previously with Newbridge, Merrill Lynch and UBS Financial. Initial consultations are free and most representations are done on a contingency basis.
FINRA, the regulator that oversees securities brokers, alleged that Fagenson engaged in churning and unsuitable trading in the accounts of three senior customers during the period of January 2012 and September 2016.
We believe that the problem could be more widespread. Churning is rarely restricted to just a small percentage of a broker’s clients. An average broker usually has over 100 investors in that broker’s book of business.
Also, Fagenson has a long history of actions that question his veracity and ability to hand the savings of others. In addition to a felony charge in 2010, Fagenson has been the subject of eight investor lawsuits/complaints, three regulatory actions, a termination of brokerage employment for cause, and one bankruptcy.
The history of Fagenson raises questions of how he was supervised and whether he should have ever been hired by the aforementioned brokerages. UBS has acknowledged his issues and that he Fegenson required heightened supervision. However, even that was not enough in light of the many red flags that existed.
Jeffrey Pederson is a private attorney handling FINRA arbitration cases for investors to obtain loss recovery.
Kenneth James Daley with Merrill Lynch in Glenwood Landing, NY entered into a settlement agreement with FINRA in August 2016. Pursuant to the terms of this agreement, he was barred from association with any FINRA member, which is any brokerage firm, in any capacity. Without
admitting or denying the findings, Daley consented to the sanction and to the entry of
findings that he concealed his improper receipt of funds from a customer. The funds were paid
in connection with purported profits in an account of his member firm. The findings stated
that the customer contacted Daley about providing him with money to allow him to benefit
by sharing in the profits in her account with Daley’s firm. The customer wrote Daley a check
for $2,500 drawn from her cash management account with the firm. Daley immediately
contacted the customer because he was concerned that his firm would learn of the deposit,
which he knew to be prohibited. In order to avoid detection by the firm, Daley instead
provided the customer with his personal banking account details for an account he held at another financial institution and informed her that she could directly deposit funds related
to purported profits in her account with the firm to his personal checking account. As a
result, the customer deposited to Daley’s personal bank account eight additional checks,
each of which was drawn off of her non-firm bank account. In total, the customer gave
Daley $29,000 in connection with purported profits in her account, all of which Daley used
for personal expenses. Throughout this time period, Daley knew he was prohibited from
accepting such payments.
The findings also stated that Daley used his personal cell phone to text message customers.
Daley was prohibited from text messaging with customers unless done through an
approved firm platform. The findings also included that Daley submitted an annual firm
attestation falsely attesting that in the prior 12 months he had not used text messaging
with any customer. As a result, Daley prevented the firm from discharging its supervisory
responsibilities with respect to the review of his electronic communications and caused the
firm to fail to maintain such communications as required under FINRA and Securities and
Exchange Commission (SEC) rules.
FINRA found that Daley recommended that the customer purchase units of a non-traditional, leveraged crude oil exchange-traded fund (ETF) without having a reasonable basis to do so. On Daley’s recommendation, the customer purchased 5,000 units for a principal amount of $41,850. Daley did not liquidate the position until after the customer had experienced losses.
David G. Zeng (CRD #4303055, Merrill Lynch Registered Representative (broker), Santa Fe, New Mexico) submitted a Letter of Acceptance, Waiver and Consent in which he was barred from association with any FINRA member in any capacity, effectively making him barred from the securities industry. Without admitting or denying the findings, Zeng consented to the described sanction and to the entry of findings that he failed to respond to FINRA requests for information and documents and failed to appear and provide FINRA-requested testimony concerning several customer complaints that his former member firm became aware of after Zeng resigned from Merrill Lynch. The findings stated that Zeng informed FINRA that he would not cooperate with FINRA’s requests for testimony and documents in connection with this matter.
The alleged fraud of Mr. Zeng included many different investments some of the most common include the following: Focus Media Holding, Sina Corp., Silver Wheaton, Claymore/Alphashares China, Valero Energy, Ultrashort MSCI, Teck Cominco, Proshares Trust Ultrashort, Goldcorp, Teck Resources, and MGM Resorts.
Circumstances surrounding the bar of Zeng were the misrepresentations and the making of unsuitable recommendations of securities. If you were a client of Zeng’s please call 303-300-5022.