Michael Breton & Strategic Capital Management—Cherry-Picking Scheme

Michael J. Breton & Strategic Capital Management Allegedly Orchestrated a Cherry-Picking Scheme via Data Analysis Implemented to Detect Suspicious Trading Patterns which Purportedly Defrauded Investors out of $1.3 Million

Michael Breton and his Strategic Capital Management allegedly orchestrated a so-called cherry-picking scheme via data analysis implemented to detect suspicious trading patterns, according to recent SEC Documents currently under review by attorneys Alan Rosca and James Booker.

Michael Breton, a Massachusetts-based investment adviser, and his Strategic Capital Management allegedly defrauded clients out of approximately $1.3 million, according to said SEC Documents.

Breton allegedly executed trades via a master brokerage account before allocating profitable trades to himself before purportedly putting unprofitable trades into client accounts, the SEC reports.

Joseph G. Sansone, Co-Chief of the SEC Enforcement Division’s Market Abuse Unit, made the following statement:

“As alleged in our complaint, Breton assured clients that he would put their interests first but did just the opposite, taking the firm’s most profitable trades for himself and dumping the losing trades on his clients. Our probing analytical work will continue to root out investment advisers who subject their clients to cherry-picking.”

The Peiffer Rosca Wolf securities lawyers are currently investigating Michael Breton’s alleged cherry-picking scheme.

Breton Allegedly Defrauded at Least 30 Clients over a Six-year Period; Breton Barred from the Securities Industry by the SEC

Breton allegedly defrauded at least 30 clients during a six-year stint as detailed by SEC Market Abuse Unit analysis, according to an SEC Complaint presently being examined by attorneys Alan Rosca and James Booker.

Breton allegedly purchased securities for his own accounts and the client accounts through a block trading or master account on days when public companies scheduled earnings announcements, said Complaint notes.

Breton also allegedly delayed allocation of these types of trades until later in the day after learning the substance of the announcement, the Complaint notes.

When companies made public disclaimers of positive earnings that would most likely increase the value of a stock, Breton would allegedly make disproportionate allocations of those trades to his accounts, according to the SEC’s complaint.

What is more, when a firm announced negative earnings that would most likely decrease the stock value, Breton would then also allegedly disproportionately allocate those trades to client accounts, the SEC Complaint states.

The SEC’s Complaint charges that Breton and Strategic Capital Management, based on the aforementioned behavior, allegedly violated Sections of the Securities Exchange Act and the Investment Advisers Act.  Hence, Breton and Strategic have agreed to be permanently enjoined from future misconduct, and Breton consented to the an SEC order barring him from the securities industry.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of alleged trading schemes and are currently investigating Michael Breton and Strategic Capital Management’s alleged cherry-picking scheme. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of Michael Breton and Strategic Capital Management’s alleged cherry-picking scheme may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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Richard Gomez – Excessive Trading

Richard Gomez Allegedly Engaged in Excessive Trading of Three IRA’s; Gomez also Allegedly Engaged in Unethical Behavior via a Settlement Agreement

Richard Gomez allegedly engaged in several types of misconduct in four separate IRAs of three Avenir customers, according to a recent FINRA Letter of Acceptance, Waiver and Consent (AWC) currently under review by attorneys Alan Rosca and James Booker.

The AWC also makes statements which allege that Gomez excessively traded the three IRAs belonging to clients known only as CW and DW.

Gomez also allegedly exercised discretion without written authority for a total of 222 trades in the same aforementioned IRAs, the AWC reports.

Furthermore, Gomez also allegedly implemented an unsuitable trading strategy in the IRA of a client only known as DK, the AWC notes.

Following purported complaints from DK, Gomez then allegedly engaged in unethical behavior when he allegedly executed a settlement agreement that he never intended to honor, the AWC states.

The Peiffer Rosca Wolf securities lawyers are currently investigating Gomez’s alleged excessive trading

Richard Gomez Suspended by FINRA for Allegedly Violating the Just and Equitable Principles of Trade

DW purportedly had a salary of $300,000, and, in December of 2013, allegedly discussed retirement accounts which were held, according to the aforementioned recent FINRA Letter of Acceptance, Waiver and Consent (AWC) presently being examined by attorneys Alan Rosca and James Booker.

Gomez allegedly solicited DW and his wife, CW, to transfer some of their retirement assets to accounts at Avenir, with Gomez as their registered rep, the AWC notes.

ln the same month, CW allegedly transferred funds from her separate brokerage account to open a new Avenir IRA with approximately $44,000, and in February 2014 CW also allegedly transferred additional cash from her separate brokerage account to open and fund a second Avenir IRA with approximately $750,000.

DW and CW each had an investment objective of “capital preservation,” and a “moderate” to “moderately aggressive” risk tolerance for their Avenir IRAs.

By reason of the foregoing, Gomez allegedly violated the just and equitable principles of trade and FINRA Rules, the AWC reports.

On October 30, 2015, Avenir filed with FINRA a Uniform Termination Notice for Securities Industry Registration reporting that the Firm had permitted Gomez to resign for having “no business for several months” and owing the Firm approximately $2,700, the AWC states.

One should also note that, according to the AWC, Richard Gomez neither admitted nor denied the FINRA findings.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of unsuitable recommendations and are currently investigating Richard Gomez alleged unsuitable recommendations and excessive trading. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of Richard Gomez’s alleged unsuitable recommendations and excessive trading may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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Charles Deremo—Unsuitable Recommendations

Charles Lee Deremo Allegedly Made Unsuitable Recommendations for an Elderly Customer

Charles Lee Deremo, between May 2011 and November 2013, allegedly made unsuitable recommendations for an elderly customer, known only as JL, according to a recent FINRA Letter of Acceptance, Waiver and Consent (AWC) currently under review by attorneys Alan Rosca and James Booker.

The AWC further alleges that Charles Lee Deremo also allegedly made plans to move said customer’s funds back-and-forth between two subaccounts, the AWC states.

Said plans were allegedly based on his monitoring of certain factors in the precious metals market, and the most significant factor was the price of gold, the AWC notes.

The AWC gives an account of Deremo’s and JL’s agreement.

Deremo allegedly had obtained discretion to trade the entire account balance of JL’s variable annuity account and transfer cash between a money market subaccount and a precious-metals mining subaccount, and was dependent on various factors monitored by Deremo, the AWC reports.

For example, between May 2011 and August 2012, Deremo allegedly moved JL’s variable annuity funds between the Precious Metals Fund and a money market subaccount about once every other month, and in August of 2012, Deremo allegedly moved variable annuity funds back into the Precious Metals Funs, the AWC notes.

Between April 15, 2013 and June 4, 2013, Deremo allegedly moved JL’s funds between the Precious Metals Fund and a money market subaccount three times.

The Peiffer Rosca Wolf securities lawyers are currently investigating Charles Deremo’s unsuitable recommendations.

Deremo Suspended and Fined $5,000 and Ordered to Pay Restitution of $4,917 by FINRA for Allegedly Recommending Unsuitable Investment Strategy

Charles Lee Deremo, between May 2011 and November 2013, allegedly put JL’s investment in a Precious Metals Strategy which represented nearly half of the customer’s disclosed net worth of $268,000, according to the aforementioned recent FINRA Letter of Acceptance, Waiver and Consent (AWC) presently being examined by attorneys Alan Rosca and James Booker.

Hence, Deremo’ s recommendation of said strategy allegedly violated NASD and FINRA Rules, and therefore Deremo’s broker-dealer, Cadaret Grant also allegedly failed to enforce its written supervisory procedures, and thus also violated NASD and FINRA Rules, the AWC reports.

As a result, Deremo has been suspended and fined $5,000 and ordered to pay restitution of $4,917 by FINRA for allegedly recommending an unsuitable strategy, the AWC notes.

One should also note that, according to the AWC, Charles Lee Deremo neither admitted nor denied the FINRA findings.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of unsuitable recommendations and are currently investigating. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of Charles Deremo’s unsuitable recommendations may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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Brian O’Neil Putt & O’Neil Capital Partners, L.P.—Sales of Unregistered Securities

Brian O’Neil Putt & O’Neil Capital Partners, L.P. Allegedly Sold Unregistered Securities, Failed to Return Funds, and also Borrowed Money from a Customer

Brian O’Neil Putt & O’Neil Capital Partners, L.P. allegedly sold unregistered securities, failed to return funds, and also allegedly borrowed money from a customer, according to Documents from the Tennessee Department of Commerce & Insurance currently under review by attorneys Alan Rosca and James Booker.

Brian O’Neil Putt & O’Neil Capital Partners, L.P. also allegedly were not honest regarding the nature of their transactions and did not abide by the noted terms of the aforementioned transactions, the aforementioned Documents note.

What is more, the Tennessee Department of Commerce & Insurance (TDCI) disciplinary action also further reports that Brian O’Neil Putt & O’Neil Capital Partners, L.P., based on the aforementioned alleged actions, allegedly violated securities laws.

Hence, TDCI issued a Final Order which purportedly imposes a $115,000 civil penalty against O’Neil Capital Partners and Putt, and orders them to cease and desist from any future activity in violation of the State of Tennessee’s securities laws.

The Peiffer Rosca Wolf securities lawyers are investigating Brian O’Neil Putt & O’Neil Capital Partners, L.P. alleged sale of unregistered securities.

O’Neil Capital Partners, L.P. Allegedly Never Registered as Broker-Dealer or Investment Advisor in Tennessee; Brian O’Neil Putt Was Allegedly Terminated from UBS after Obtaining Loans from Elderly Clients

O’Neil Capital Partners, L.P. allegedly was never registered as broker-dealer or investment advisor in Tennessee, according to Documents from the Tennessee Department of Commerce & Insurance presently being examined by attorneys Alan Rosca and James Booker.

In addition, Brian O’Neil Putt allegedly has a history with the law.

For example, Brian O’Neil Putt was allegedly terminated from UBS after obtaining loans from an elderly client between 2009 and 2010 for the amount of $58,000, according to the aforementioned Documents.

Furthermore, Brian O’Neil Putt then went on to allegedly make misrepresentations to aforementioned UBS client that the principal and interest had been returned to the client when the funds had purportedly not been paid, the Documents note.

In another case Brian O’Neil Putt provided investment services to a couple starting around 2002 or 2003, and in 2011 allegedly took in $100,000 for a short-term CD, the Documents allege.

By 2013 the couple asked for their cash and allegedly received a check for $100,000 plus $4,000 in interest, but the check was allegedly returned for holding insufficient funds, the Documents also report.

Brian O’Neil Putt was convicted in May of 2016 in a Shelby County Criminal Court of alleged theft of $60,000 and given eight years of probation, the Documents also state.

The Documents also further alleged that Brian O’Neil Putt also allegedly made no payments regarding any of his obligations before his conviction.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of unregistered securities sales and are currently investigating O’Neil Capital Partners, L.P. and Brian O’Neil Putt’s alleged sale of unregistered securities. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of O’Neil Capital Partners, L.P. and Brian O’Neil Putt’s alleged sale of unregistered securities may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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John Burns– Unsuitable and Unauthorized Investments

John E. Burns Allegedly Engaged in a Pattern of Unauthorized Trading in Nine Separate Customer Accounts

John Burns, between December 2013 and August 2015, allegedly engaged in a pattern of unauthorized trading in customer accounts, according to a recent FINRA Letter of Acceptance, Waiver and Consent (AWC) currently under review by attorneys Alan Rosca and James Booker.

The aforementioned AWC further alleges that John Burns allegedly engaged in a pattern of unauthorized trading in customer accounts nine separate customer accounts including unsuitable and risky investments for a senior couple.

John Burns, who entered the securities industry in March 2007, allegedly executed 100 unauthorized trades in nine customer accounts between December 2013 and August 2015, and allegedly did not hold written discretionary authority to execute trades in any of these customer accounts, the AWC reports.

What is more, John Burns had obtained some verbal authorization to exercise discretion generally in five customer accounts, but also allegedly exceeded said verbal authorization by executing trades in excess of the available funds in the account, the AWC notes.

Burns allegedly had some verbal authorization to exercise discretion generally, but allegedly exceeded that verbal authorization by executing trades in excess of the available funds in the account, the AWC states.

The Peiffer Rosca Wolf securities lawyers are currently investigating John Burns’ alleged unauthorized trading in customer accounts.

John Burns Suspended and Fined $17,500 by FINRA for Allegedly Making Over 50 Unsuitable and Unauthorized Investments

John Burns allegedly violated FINRA Rules when he allegedly made over 50 unsuitable and unauthorized investments over a two-year period, according to a recent FINRA Letter of Acceptance, Waiver and Consent (AWC) presently being examined by attorneys Alan Rosca and James Booker.

The aforementioned AWC further alleges that Burns violated FINRA Rules when he allegedly made over 50 unsuitable and unauthorized investments over a two-year period, and that said trades were allegedly executed in the account of a senior retired couple, both of whom were over 65 years of age, the AWC notes.

The aforementioned transactions allegedly involved investments in small drug company stocks, the AWC reports.

The customers, however, held a moderate risk tolerance in their investment profile and said trades were allegedly high-risk, the AWC states.

Said customers also allegedly took in sustained losses in all but one of the investments exceeding $50,000 in aggregate, the AWC notes.

As a result of the aforementioned alleged violations of FINRA Rules, John Burns was suspended and fined $17,500 by FINRA for allegedly making over 50 unsuitable and unauthorized investments, according to a recent FINRA Letter of Acceptance, Waiver and Consent presently being examined by attorneys Alan Rosca and James Booker.

The AWC further reports that the fine will be “due and payable either immediately upon re-association with a member firm, or prior to any application or request for relief from any statutory disqualification resulting from this or any other event or proceeding, whichever is earlier.”

John Burns also has quite a history of customer disputes, according to his FINRA BrokerCheck Report.

For example, John Burns, according to the aforementioned BrokerCheck report, allegedly has 6 customer disputes starting in 2014 for unsuitable investments among other allegations.

In sum, the aforementioned cases resulted in alleged unauthorized trading and unsuitability with damages amount requested ranging from $7,000 to $500,000, according to Burns’ FINRA BrokerCheck Report.

What is more, Burns also allegedly filed for bankruptcy, his BrokerCheck report notes.

Furhtermore, Burns was registered with Ameriprise Financial services in Chesterfield, Missouri from August 2014 through October, 2015 and was also registered with Sagepoint Financial Inc. in Wentzville, Missouri from October 2015 through November of 2015, the AWC states.

Finally,  from September 2011 through August of 2014 Burns was registered with UBS Financial Services in Chesterfield, Missouri, he AWC also states.

One should also note that, according to the AWC, John Burns neither admitted nor denied the FINRA findings.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of alleged acts of unauthorized trading in customer accounts and are currently investigating John Burn’s alleged acts of unauthorized trading in customer accounts. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of John Burn’s alleged acts of unauthorized trading in customer accounts may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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Brian Hudnall and JBH Consulting Group LLC— Materially False and Misleading Statements

Brian S. Hudnall and JBH Consulting Group LLC Allegedly Made Materially False and Misleading Statements to Potential Investors with the Hopes of Selling Securities in Multiple Oil and Gas Offerings which Purportedly Raised More than $16 Million

Brian Hudnall and JBH Consulting Group LLC, from September 2008 through at least 2014, allegedly misled potential investors with the intention of selling securities in multiple oil and gas offerings, according to an SEC Complaint currently under review by attorneys Alan Rosca and James Booker.

None of the aforementioned securities offerings offered by Brian Hudnall and JBH Consulting Group LLC, or so-called “joint ventures”, were registered with the SEC, according to the aforementioned SEC Complaint.

JBH Consulting Group LLC, a Liberty, Missouri company and JBH’s President and CEO, allegedly raised more than $16 million from investors for the aforementioned oil and gas well projects in Kansas and Texas, and is purportedly being sued for violating federal securities laws, the SEC Complaint reports.

JBH and Hudnall allegedly made solicitations in the investments from scores of people across America, and Hudnall allegedly personally took in more than $3 million, the Complaint notes.

What is more, Hudnall and none of the other persons selling the securities were allegedly licensed or associated with registered brokers, the Complaint reports.

The Peiffer Rosca Wolf securities lawyers are currently investigating Brian Hudnall and JBH Consulting Group LLC’s alleged materially false and misleading statements.

JBH Consulting Group LLC Allegedly Masked “Substantial Markups” which Were Charged to Investors and also Failed to Disclose Discounts and other “Favorable Side Deals” Made with Investors

JBH Consulting Group LLC allegedly masked “substantial markups” which were charged to investors and also allegedly failed to disclose discounts and other “avorable side deals” made with investors, according to the aforementioned SEC Complaint presently being examined by attorneys Alan Rosca and James Booker.

JBH and Hudnall, the Complaint reports, allegedly made numerous materially false and misleading statements which included:

• falsely representing that title to “joint venture” assets would be held by the “joint ventures”;

• misrepresenting the costs of the offerings and how Defendants would use investor funds;

• hiding substantial (30-50%) markups Defendants charged to investors;

• understating the amount of working interest in the wells Defendants retained for themselves; and

• failing to disclose discounts and other favorable side deals made with certain investors, some of whom were Defendants friends and relatives.

As a result, the SEC is purportedly seeking permanent injunctions, disgorgement plus pre- and post-judgment interest, and civil penalties for Defendants’ violations of the Securities Act and the Securities Exchange Act, the Complaint reports.

Securities Lawyers Investigating

The Peiffer Rosca Wolf securities lawyers often represent investors who lose money as a result of misleading statements and re currently investigating Brian Hudnall and JBH Consulting Group LLC’s allegedly false and materially misleading statements. They take most cases of this type on a contingency fee basis and advance the case costs, and only get paid for their fees and costs out of money they recover for their clients.

Investors who believe they lost money as a result of Brian Hudnall and JBH Consulting Group LLC’s allegedly false and materially misleading statements may contact the securities lawyers at Peiffer Rosca Wolf, Alan Rosca or James Booker, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or via e-mail at arosca@prwlegal.com or jbooker@prwlegal.com.

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DWAYNE EDWARDS’S ALLEGED FRAUDULENT BOND OFFERINGS ARE UNDER INVESTIGATION BY PEIFFER ROSCA WOLF SECURITIES LAWYERS

Dwayne Edwards is alleged to have improperly commingled and siphoned funds from investors in municipal bond offerings for senior living facilities as set forth in a complaint filed by the Securities Exchange Commission in federal court. The SEC filed its complaint against Dwayne Edwards on January 20, 2017 and alleged that Dwayne Edwards made false statements concerning bond offerings that raised over $62 million for the purchase and renovation of facilities in Alabama and Georgia.  A receiver has been appointed and the Court has temporarily frozen the assets of Dwayne Edwards pending additional rulings in the case.

The Peiffer Rosca Wolf securities lawyers are investigating Dwayne Edwards’s bond offerings.

Dwayne Edwards investors have been in contact with the Peiffer Rosca Wolf securities lawyers regarding the bond offerings.  Peiffer Rosca Wolf lawyers are investigating potential actions that Dwayne Edwards investors can take to recover investments in the bonds.

Securities Lawyers Investigating

Peiffer Rosca Wolf lawyers often represent investors who lose money as a result of fraudulent investment schemes and are currently investigating the alleged fraudulent scheme conducted by Dwayne Edwards. Our firm takes most cases of this type on a contingency fee basis and advances the case costs.  The firm only gets paid for fees and costs out of money the firm recovers for clients.

Investors who believe they lost money as a result of Dwayne Edwards’s alleged investment fraud scheme are encouraged to contact Alan Rosca or James Booker in the Cleveland office of Peiffer Rosca Wolf, for a free no-obligation evaluation of their recovery options, at 888-998-0520 or jbooker@prwlegal.com.

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