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SEC Says Advisers Must Report Clients’ Derivatives Risk

By Jody Godoy of Law360.com Law360, New York (August 25, 2016, 5:11 PM ET) -- The U.S. Securities and Exchange Commission said on Thursday investment advisers must disclose more about assets held in separately managed accounts, including their level of exposure to derivatives, cementing rules industry stakeholders previously worried could expose trading strategies. The regulator announced final changes to a reporting form called Form ADV requiring advisers to report aggregate data on SMAs, including their exposure to derivatives and borrowings, and on other aspects of the advisers' businesses. The SEC also tightened certain record-keeping requirements under the Investment Advisers Act. Advisers will have...

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Adviser Who Targeted Elderly In Ponzi Scheme Gets 5 Years

By Diana Novak Jones of Law360.com A financial adviser convicted of running an 8-year, $4.2 million Ponzi scheme was sentenced to five years in prison Thursday after several of her victims spoke about how she selected elderly and ill people to defraud. In addition to the prison sentence, Delores Mosier was ordered to pay nearly $3 million in restitution to her victims, which included friends who had known her for decades and elderly people she met more recently. Mosier convinced them to invest their retirement savings with her in something she called Chicago Anticipatory Notes — but the money ended up deposited...

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ADM Accused in Trial of Directing Grain Sales Ponzi Scheme

By Bloomberg News A Missouri grain dealer who stole tens of millions of dollars from farmers may turn out to be their best ally as they try to recoup losses from corn giant Archer-Daniels-Midland Co. ADM began trial Tuesday in St. Louis with farmers claiming the woman couldn’t have ripped them off without help from the world’s biggest corn processor. From behind bars, where she is serving a nine-years sentence, the dealer’s testimony is set to bolster the farmers’ effort to get back more than just the mere fraction of their losses they’ve recovered from her. An unfavorable verdict for ADM could taint...

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Texas Oil Co. Owner Arrested For Running Ponzi Scheme

By Daniel Siegal of Law360.com The Texas-based proprietor of an oil and gas exploration company has been arrested by federal authorities on charges of mail fraud for luring investors to sink $2.6 million into an oil and gas investment program that was actually a Ponzi scheme, authorities announced Friday. James VanBlaricum of Colleyville, Texas, was arrested on Wednesday by U.S. Postal Inspectors on a federal criminal complaint charging him with mail fraud, the U.S. Department of Justice said Friday. The 77-year-old VanBlaricum is accused of using his Signal Oil and Gas Co., incorporated in 2000, as a fraudulent investment scheme, offering an investment...

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Finra fines UBS $250,000 for overcharging mutual-fund customers

The firm allegedly failed to provide about 2,700 customers waivers tied to upfront sale charges InvestmentNews.com By Christine Idzelis A unit of UBS Group AG will pay a $250,000 fine to settle charges that it failed to waive certain fees for eligible mutual-fund customers, according to the Financial Industry Regulatory Authority Inc. The brokerage firm charged customers an excess of $277,636 to invest in mutual funds from September 2009 to June 2013, according to a settlement notice that Finra accepted Monday. The alleged supervisory failures were tied to so-called reinstatement rights that allow investors to avoid front-end sales charges. “We are pleased to have resolved...

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Attorney: Locals Invested $750K in Reported Scam

More than 20 shareholders from Cass, Pulaski spark local lawyer’s investigation PharosTribune.com By Mitchell Kirk More than 20 people from Cass and Pulaski counties contributed about $750,000 to a former Logansport man facing federal charges of defrauding investors, according to a local attorney. Larry Westby, 64, Vanderbilt, Michigan, faces charges of mail fraud, money laundering and fraud in the offer and sale of securities. The FBI, IRS and Indiana Secretary of State's office accuse the former Logansport resident of scamming investors out of more than $985,000. Westby started a company called LMW Inc. he based in Indianapolis with the reported objective of selling respiratory...

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Former Eagle player defrauds football coaches, others out of $6 million

SEC complaint alleges Merrill Robertson Jr. and partner promised 20% and took client funds InvestmentNews.com By Liz Skinner Former Philadelphia Eagle Merrill Robertson Jr. defrauded his former coaches and other investors out of about $6 million, the Securities and Exchange Commission alleged in a complaint filed on Wednesday. Mr. Robertson, Sherman Vaughn Jr., and the company they owned together called Cavalier Union Investments, raised more than $10 million from investors who were told their money would go towards diversified holdings, the complaint filed in federal court in Richmond, Va., said. However, nearly $6 million was used to pay for personal expenses of Mr. Robertson and...

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Finra panel orders adviser to pay $333,000 to Morgan Stanley

Louis D. Dworsky was found in breach of promissory notes when he left the brokerage firm InvestmentNews.com By Christine Idzelis A former broker for Morgan Stanley must pay the wirehouse $333,000 in damages for failing to pay back money he owed when leaving the firm in 2013, according to the Financial Industry Regulatory Authority Inc. Morgan Stanley will recoup money tied to four promissory notes issued to Louis D. Dworsky in 2007, 2008 and 2009, according to a Finra dispute resolution document released on Monday. Promissory notes are a form of compensation that brokers receive from their employer. Mr. Dworsky now works at Zermatt Wealth...

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Former Merrill Edge adviser accused of misleading customers

Finra said the adviser misled five IRA customers and then did not give an honest account of his actions InvestmentNews.com By Tanvi Acharya The Financial Industry Regulatory Authority Inc. accused former Merrill Lynch adviser of allegedly misleading five clients with individual retirement accounts at the firm by providing incorrect information while making recommendations. Landon L. Williams, who is currently not registered as a Finra member, also “made false statements about what he discussed with and disclosed to the customer” in his notes, according to the complaint filed Thursday. Mr. Williams was an adviser at Merrill Lynch Edge Advisory Center, which serves customers with $250,000 or...

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FINRA panel directs broker to pay Wells Fargo almost $1 million after his termination

Robert Edward Loftus was discharged in 2013 and found in breach of a promissory note InvestmentNews.com By Christine Idzelis Broker Robert Edward Loftus must pay Wells Fargo almost $1 million in compensatory damages after his termination in 2013, according to the Financial Industry Regulatory Authority Inc. An arbitration panel decided that Mr. Loftus owes the firm $930,874 in damages for breach of a promissory note, a form of compensation that he received upfront when he joined Wells Fargo in 2009, according to a Finra document dated Aug. 3. Mr. Loftus is also responsible for $300,000 of the brokerage firm's attorney fees. Mr. Loftus, who now...

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