April 1, 2010

Hightower Securities’ Broker Curtis Lyman Allegedly Sold Banyon Notes Tied to Scott Rothstein Ponzi Scheme

Hightower Securities, a high-end broker-dealer that promotes itself as putting its clients first, is facing litigation over the sale of notes into a feeder fund for a $1.2 billion Ponzi scheme.

Curtis Lyman, a Hightower broker based out of its Palm Beach Gardens, Florida branch, sold investors millions of dollars in promissory notes issued by Banyon, LLC. The investments were described as low-risk, high-return investments in legal settlements. To the contrary, these legal settlements were fabricated by notorious Ponzi schemer and disbarred Florida attorney Scott Rothstein, who has plead guilty to the largest investment fraud in South Florida’s history. In November 2009, the Banyon notes went into default after Rothstein’s Ponzi scheme imploded.

Investors allege that Lyman and Hightower breached their fiduciary duties by recommending the Banyon investments, and were negligent in their due diligence of the investments, despite glaring red flags. Banyon was controlled by George Levin, who was previously involved with a company which pled guilty to felony mail fraud and subsequently involved with another company which engaged in fraudulent transfers. In addition, Banyon’s Chief Financial Officer, Frank Preve, was convicted of felony bank embezzlement in the 1980’s.

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April 1, 2010

Broker and Investment Author Bambi Holzer Facing Complaints for the Sale of Provident Shale Royalties Ponzi Scheme

Wedbush Morgan broker Bambi Holzer, whose employment background is filled with customer complaints for the sale of variable annuities, is now facing new complaints for the sale of Provident Shale Royalties private placement investments. Provident has been accused of being a Ponzi scheme by the Securities and Exchange Commission.

Both private placements and variable annuities products are high commission products, which raises concern whether brokers are recommending these products in the best interests of their clients, or whether the brokers are putting ahead their own financial interests. Provident private placements paid commissions of approximately 6% to 10%, which significantly exceeds commissions earned on more traditional investment products.

Ms. Holzer is currently a registered representative of Wedbush Morgan Securities, Inc. and Sequoia Securities Corp. According to her website, she has appeared on several network television shows such as the Today Show, NBC, CNN, CNBC, Bloomberg and has authored numerous retirement planning and investment books. However, it is not mentioned on Ms. Holzer’s website that her employment record reflects 42 settled customer disputes, violations of firm policy at other brokerage firms and regulatory suspension and fines based on her misconduct (according to FINRA BrokerCheck).

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March 19, 2010

FINRA Expels Provident Asset Management and is Investigating Other Provident Selling Broker-Dealers

Today the Financial Industry Regulatory Authority (FINRA) announced that it has expelled Provident Asset Management, LLC, the affiliate broker-dealer of Provident Shale Royalties that marketed the fraudulent Ponzi scheme private placement investments.

FINRA proclaims it is actively investigating other broker-dealers involved in the sale of Provident and other private placement interests. FINRA is looking at firms’ compliance with suitability, supervision and advertising rules, as well as potential instances of fraud.

“While the private placement market is an important source of capital for many companies, the market is also one in which investors have been subject to unsuitable or abusive sales tactics," stated Susan L. Merrill, FINRA Executive Vice President and Chief of Enforcement.

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February 11, 2010

Blum & Silver, LLP Investigates Michael DiMare Losses Against ING and Signator Investors

Blum & Silver, LLP is currently investigating former financial advisor Michael Joseph DiMare. According to sources, DiMare solicited his clients to invest approximately $2,000,000 in Ponzi schemes and other faux investment opportunities. DiMare started the scheme in 2001, offering investors bogus tax-free corporate bonds that did not exist.

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