Stifel Nicolaus

Finra Hits Veteran Broker Over UIT (Unit Investment Trust) Sales

December 15, 2020 | Dan Miller

Bull Bear FINRA’s ongoing campaign to rein in alleged sales abuses involving short-term trading of unit investment trusts in customer accounts has led a 23-year veteran advisor to accept a $10,000 fine and three-month suspension.

Miller Stern Lawyers – 410-Law-Firm is currently investigating clients of Stifel Nicolaus and all firms and broker dealers who may be victims of, and suffered damages and losses, due to abuses such as short-term trading of unit investment trusts, breach of fiduciary duty, overcharging , and unauthorized trading.

Kurt J. Gunter, an Austin, Texas-area broker with no previous disciplinary record, accepted the sanctions for allegedly recommending more than 270 early rollovers of UITs—almost half into virtually identical portfolios—in order to generate commissions over three years while employed at Stifel Nicolaus, according to a letter of acceptance from FINRA.

Morgan Stanley Fires Brokers over Inherited Account Credits Blake Ridenour Jazmin Gabriela Carpenter and others

November 20, 2020 | Dan Miller

cropped-High-Res-TA-2018-2019-284x300 Morgan Stanley terminated around ten brokers following a nationwide probe of alleged abuses in its inherited account program, according to lawyers, firm sources and former managers per advisor Hub. Miller Stern Lawyers – 410-Law-Firm is currently investigating clients of Morgan Stanley who are victims of, and suffered damages and losses, due to these abuses.

The investigation was prompted by complaints about underpayments from at least one retired broker who entered the Former Advisor Program (FAP), a so-called sunsetting plan that Morgan Stanley and other large firms have promoted heavily in an attempt to keep older brokers from joining other firms and taking clients with them.

according the the article, the programs allow older brokers to receive a split of fees and commissions paid by former clients for several years if the brokers let their practices lapse after they leave.

Stern v. Stifel – Excerpt from the Experts Examiner reading the post arbitration motions

September 29, 2020 | Dan Miller

Securities Experts Roundtable

The Expert’s Examiner

Stifel, Nicolaus & Co. v. Stern, No. 1:20-cv-00005 (D. Md. Mar. 31, 2020).

Brokers get hit for cutting corners

August 25, 2020 | Dan Miller

cropped-High-Res-TA-2018-2019-284x300 According to Advisor Hub, “Joseph Woitkoski, who was terminated by Raymond James Associates in 2018 after 20 years as a registered rep, was suspended for 30 days and fined $7,500 for allegedly making discretionary trades for 12 customers without their written authorizations, according to an acceptance, waiver and consent letter that Finra accepted on August 20.” Miller Stern Lawyers, LLC – 410-Law-Firm is currently investigating claims and allegations of brokers making discretionary non-authorized trades in clients accounts at brokerages such as Stifel, Morgan Stanley, Wells Fargo and others. If you or someone you know are victims of losses in your accounts because of unauthorized discretionary trades, please call for a free evaluation.

Finra has imposed the sanctions even though “over the course of longstanding relationships, the customers gave authorization to Woitkoski to exercise discretion in their accounts,” according to the letter that the Massachusetts-based former broker signed without admitting or denying the findings. This often occurs in elderly clients, with issues such as elder abuse. Eight of the 12 customers were “seniors,” according to Finra.

“In addition to failing to get permission from customers in writing, Woitkoski never requested or obtained approval from Raymond James. The firm maintained inaccurate books and records because the broker attested in a 2017 compliance questionnaire that he did not exercise discretion in non-fee based accounts, according to the consent letter.” according to Advisor Hub

Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to customers who claimed that their Financial Advisor, Kenneth Blumberg unsuitably concentrated their portfolios

March 4, 2020 | Dan Miller

Visions from im 5 Miller Law Group – Miller Stern Lawyers, LLC is currently investigating allegations against Kenneth Blumberg and Stifel and has successfully litigated against Stifel, Nicolaus & Company, Incorporated and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments and other securities violations. Blumberg was registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated. Please call 410 Law Firm for more information.

A FINRA arbitration panel has ordered Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to four customers who claimed that their Financial Advisor, Kenneth Blumberg (CRD# 1585520) unsuitably concentrated their portfolios in biotechnology and healthcare stocks at levels exceeding 80%. It was further alleged that while the customers’ portfolios were profitable, Mr. Blumberg failed to protect gains in the account, which was a violation of his duties as a fiduciary, after which time the value in the accounts deteriorated by approximately $1 Million. The case against Stifel asserted that it failed to properly supervise Blumberg. In the Arbitration, the customers recovered 100% of their losses plus approximately $500,000 in consequential damages reflecting what the accounts would have gained from the time they withdrew from Stifel as customers through the date of the Arbitration had the gains been protected and suitably reinvested.

“The concentration risk and asset allocation defects associated with this investment strategy should have been ongoing ‘red flags’,” attorney Daniel J. Miller wrote in the Statement of Claim against Stifel and the broker that was obtained by AdvisorHub. “Yet, if they ever took notice, they failed to contact claimants and failed to take any corrective measures.”

Claimants Awarded More Than $1.5 Million Against Stifel in Failure-to-Supervise Arbitration

October 8, 2019 | Dan Miller

Miller Law Group – Miller Stern Lawyers, LLC successfully litigated against Stifel, Nicolaus & Company, Incorporated and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments and other securities violations. Blumberg was registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated.

A FINRA arbitration panel has ordered Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to four customers who claimed that their Financial Advisor, Kenneth Blumberg (CRD# 1585520) unsuitably concentrated their portfolios in biotechnology and healthcare stocks at levels exceeding 80%. It was further alleged that while the customers’ portfolios were profitable, Mr. Blumberg failed to protect gains in the account, which was a violation of his duties as a fiduciary, after which time the value in the accounts deteriorated by approximately $1 Million. The case against Stifel asserted that it failed to properly supervise Blumberg. In the Arbitration, the customers recovered 100% of their losses plus approximately $500,000 in consequential damages reflecting what the accounts would have gained from the time they withdrew from Stifel as customers through the date of the Arbitration had the gains been protected and suitably reinvested.

“The concentration risk and asset allocation defects associated with this investment strategy should have been ongoing ‘red flags’,” attorney Daniel J. Miller wrote in the Statement of Claim against Stifel and the broker that was obtained by AdvisorHub. “Yet, if they ever took notice, they failed to contact claimants and failed to take any corrective measures.”

Complaint against Stifel Nicolaus, Coleman Devlin and Kenneth Blumberg

May 7, 2019 | Dan Miller

Bull Bear Miller Trial Law is investigating and litigating against Stifel, Nicolaus & Company, Incorporated and former financial advisor Coleman Devlin (CRD# 2317635) and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments in options and unlisted securities and other securities violations. Both Devlin and Blumberg were registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated, before being terminated for, among other things, the issues complained of in this arbitration. Mr. Devlin was previously sanctioned and dismissed from Morgan Stanley for similar violations.

In 2003 Devlin was sanctioned with suspension and disgorgement by the NASD and in 2017, Devlin was suspended from FINRA and received a financial penalty. Mr. Devlin also entered into an agreement with the New Jersey regulators and in order to maintain his licensing, was subjected to heightened supervision which the current allegations allege did not address the concerns.

The current arbitration was filed in December 2017 alleging, among other things, breach of contract, selling away, professional negligence, breach of fiduciary duty, violation of Maryland Securities Act, violation of the Securities Exchange Act of 1934 and SEC Rule 10b-5, and negligent supervision. These investors are seeking over $20,000,000 in damages for investment losses.