wells fargo

BROKER REPORT: Financial Advisor Matthew Maczko

February 14, 2017 | Malecki Law Team

The securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints against stockbroker Matthew Maczko. Mr. Maczko was employed and registered with Wells Fargo Advisors, LLC, a national broker-dealer out of the firm’s Oakbrook, Illinois, from February 2008 to September 2016, according to his publicly available BrokerCheck, as maintained by the Financial Industry Regulatory Authority (FINRA). He was previously registered with UBS Financial Services, Inc. from November 1998 to March 2008, according to BrokerCheck records.

In 2017, Mr. Maczko was permanently barred from association with any FINRA member broker-dealer by FINRA, after submitting a Letter of Acceptance, Waiver and Consent No. 2016050430201. According to the AWC, Mr. Maczko violated NASD Rule 2310 and Rule 2111, both pertaining to suitability of investment recommendations, because from 2009 to 2016, Mr. Maczko “effected excessive transactions in four brokerage accounts of [a] customer … who is now 93 years old,” and “during this period, Maczko effected over 2800 transactions in these accounts that generated approximately $581,650 in commissions, $84,270 in other fees, and approximately $397,000 in trading losses.” As the AWC went on, “[t]his level of trading was unsuitable.”

FINRA Suitability Rules require that recommendations made by the broker to the customer be suitable. This means that the broker must consider the investor’s age, investment experience, age, tax status, other investments, as well as other factors when making a recommendation to buy or sell securities.

SEC Bars Registered Representative Ane Plate For Theft of Client Funds

January 27, 2017 | Malecki Law Team

AdvisorHub reported on January 23, 2017 that the SEC permanently barred Ane Plate from the securities industry for stealing from her elderly clients. Ms. Plate was most recently registered as a broker from May 2005 to June 2014 with Wells Fargo Advisors Financial Network, LLC out of the broker-dealer’s Orlando, Florida office.

The Securities and Exchange Commission (SEC) Order detailed that from October 2013 to April 2014, she made 15 unauthorized sales of securities from her elderly clients’ accounts totaling over $176,000. In a regulatory action brought by the Financial Industry Regulatory Authority (FINRA), Ms. Plate submitted a Letter of Acceptance, Waiver and Consent No. 2014041705101 (AWC) where she accepted and consented to findings by FINRA that she facilitated the $176,000 to be transferred to her client’s bank account where she then arranged for 15 checks to be issued from the customer’s account, payable to her. The AWC detailed that in total, Ms. Plate converted $140,058 from her brokerage customer, and that this conduct violated FINRA Rules 2150 (Improper Use of Customers’ Securities or Funds) and 2010 (Standards of Commercial Honor and Principles of Trade). Ms. Plate was terminated from her employment with Wells Fargo for this same conduct, according to her publicly available BrokerCheck report as maintained by FINRA.

The SEC Order stated that on May 20, 2015, Ms. Plate pled guilty to one count of Theft, Embezzlement, or Misapplication by a Bank Officer or Employee, in violation of Title 18, United States Code, Section 656, in the United States District Court for the Middle District of Florida. Ms. Plate’s criminal case is titled United States v. Ane Plate, Case No. 6:15-cr-00084-GKS-GJK (M.D. Fla).

Two Wells Fargo Brokers Barred from the Securities Industry

January 23, 2017 | Malecki Law Team

Wells Fargo financial advisors, David Jeremy Welty and Ane Plate have been barred from the securities industry by FINRA and the SEC, respectively, per AdvisorHUB. Both advisors were accused of stealing customer funds.

Welty was alleged to have converted $8,700 for personal expenses from an account that was originally set up as a “memorial fund,” according to reports. Prior to his termination in December 2016, Welty worked in the Wells Fargo branch in Norristown, PA, beginning in March 2012, according to records. He reportedly consented to the bar without admitting nor denying the allegations.

Plate was accused of stealing $176,000 that was raised through the sale of securities from elderly clients’ account without authorization. According to the AdvisorHUB report, the pilfered money was allegedly used to pay Plate’s mortgage and upgrade her home. Records indicate that Plate worked at the Wells Fargo office in Deltona, FL from 2005 through 2014. Earlier this month, she was reportedly sentenced to 27 months in federal prison.

FINRA Investigates Cross-Selling at Broker-Dealers

October 27, 2016 | Malecki Law Team

As reported recently, the Financial Industry Regulatory Authority has commenced an investigation into the cross-selling activities of several broker dealers in the wake of the Wells Fargo fallout. FINRA’s objective has reportedly been to determine just how much cross selling is taking place (including promotion of products such as credit cards and loans) and what incentives are being provided to employees to engage in the conduct.

A FINRA spokesperson was quoted as saying, ““In light of recent issues related to cross-selling, FINRA is focused on the nature and scope of broker-dealers’ cross-selling activities and whether they are adequately supervising these activities by their registered employees to protect investors.”

Supervision at broker dealers is a very critical aspect of customer service. It is important that brokers and their firms are only promoting and selling products to customers that are appropriate for that customer and in the customer’s best interest. As has been shown by the Wells Fargo disaster, cross-selling incentive programs can compromise that goal by creating a conflict of interest.

Morgan Stanley Charged for Unethical High-Pressure Sales Contests

October 4, 2016 | Malecki Law Team

First Wells Fargo, now Morgan Stanley.

On the heels of Wells Fargo’s cross-selling scandal, the broker-dealer Morgan Stanley has been accused of inappropriately promoting “securities based loans” to customers, according to an article published in the Wall Street Journal on October 3, 2016. The complaint, filed by Massachusetts securities regulators, alleges that Morgan Stanley’s lax compliance and supervisory oversight led the broker-dealer to breach their own fiduciary duties owed to their wealth management customers by pushing the loans and minimizing the risks associated with the accounts.

If the allegations turn out to be true, the Massachusetts allegations would further exemplify the conflict of interest between broker-dealers pushing risky products on their clients without providing the balanced view of the products that industry rules require, which could be breaches of duties to certain of their customers. At the very least, FINRA Rule 2111 requires that broker-dealers ensure that recommendations of products are suitable for each customer, which requires a careful assessment of each customer’s respective investment objectives, risk tolerance, age, tax bracket, other investments, liquidity needs, as well as other factors.

BROKER REPORT: Anthony Librizzi Suspended By FINRA

September 7, 2016 | Malecki Law Team

The investment and securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints regarding L.O. Thomas & Co , Inc. financial advisor Anthony Librizzi.

According to his BrokerCheck report maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Librizzi was most recently with Wells Fargo Advisors LLC before resigning amid allegations.

FINRA records indicate that Mr. Librizzi resigned from Wells Fargo voluntarily in 2013 amid allegations that he “accepted $8,000 from a client.”

BROKER REPORT: Wells Fargo’s Robert Ross

July 1, 2016 | Malecki Law Team

The investment and securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints regarding Wells Fargo financial advisor Robert Ross. According to his BrokerCheck report maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Ross recently moved to Wells Fargo after spending 30 years at Merrill Lynch.

Mr. Ross was recently the subject of a customer complaint alleging unsuitable investment recommendations and excessive trading, per FINRA records. BrokerCheck indicates that an arbitration related to this customer complaint is presently pending.

Excessive trading, also known as churning, in the industry can be disastrous for a portfolio. When a broker trades an account excessively, large amounts of commissions and fees may be generated, if the account is commission based (as opposed to fee based). Churning is a classic example of a broker putting his or her own monetary gain above the best interests of his or her customer.

BROKER REPORT: Wells Fargo’s Gregg Lazarescu

January 26, 2016 | Malecki Law Team

The investment and securities fraud attorneys at Malecki Law are interested in hearing from investors who have complaints about Wells Fargo stockbroker Gregg D. Lazarescu.

According to his BrokerCheck report maintained by the Financial Industry Regulatory Authority (“FINRA”), Mr. Lazarescu has been the subject of at least two customer complaints while registered with his prior firm Morgan Stanley.

In addition to Wells Fargo and Morgan Stanley, FINRA reports that Mr. Lazarescu was registered with MetLife, Chemical Investment Services Corp., Citicorp Investment Services, and Chase Investment Services Corp.