Colorado bars advisor over high-risk options trades

Colorado bars advisor over high-risk options trades
"Buying options is fraught with risk for financial advisors," one attorney noted.
JUN 26, 2024

A financial advisor who traded in a high-risk options strategy was barred this month from the securities industry by the Colorado Division of Securities after he decimated certain clients' accounts, according to the state's consent order with the financial advisor, James W. McGehee.

In one instance, a 76-year-old retiree had $205,000 in his account in June 2021. He withdrew $25,000 from the account by the end of December 2022, but the account totaled just $18,000 by that time, according to the Colorado Securities Division.

As a result of the options transactions made by McGehee and his firm, McGehee Wealth Management Inc. in suburban Denver, the elderly client lost $160,000, or almost all his retirement savings, in just 18 months, according to Colorado.

McGehee, whose firm managed just $3 million on a discretionary basis for 20 clients, did not return a call Wednesday morning to comment. The consent order barring him from the securities industry is dated June 4.

By failing to disclose the options strategy risks to clients and recommending the strategy without a basis for its suitability to customers, McGehee violated the Colorado Securities Act and engaged in investment advisor fraud, according to the consent order.

"I have no comment," he said during a phone call Wednesday morning.

McGehee recommended the options strategy to half his clients, according to Colorado. From April 2018 to last October, he recommended over 11,000 trades in client accounts, with about 90% of those in options.

"Buying options is fraught with risk for financial advisors," said Andrew Stoltmann, a plaintiff's attorney. "Options are usually not suitable in most instances for clients."

"Options are also a hot button issue right now with" the Financial Industry Regulatory Authority Inc., Stoltmann said. "They pay heavy commission to brokers, from 5% to 50% as a percentage of the option. Brokers jam options down clients' throats at times because of that payout."

Options give holders the right, but not the obligation, to buy or sell underlying shares of stock in return for a premium. Options can be useful for hedging as well as speculating, but can be risky for clients because, depending on the strategy, they can result in 100% loss to the customer, according to Colorado.

The Securities and Exchange Commission this month barred a former Fifth Third advisor who violated his clients’ trust by secretly funneling hundreds of thousands of dollars of their money into failed options trades.

According to the SEC's complaint, David S. Wells transferred client money into personal accounts and used the accounts to engage in risky options trading, where he lost nearly all the funds. The complaint also alleges Wells spent some of his clients’ funds on personal expenses.

Latest News

SEC to lose Hester Peirce, deepening a commissioner crisis
SEC to lose Hester Peirce, deepening a commissioner crisis

The "Crypto Mom" departure would leave the SEC commission with just two members and no Democratic commissioners on the panel.

Florida B-D, RIA owner pitches bold long-term plan to sell to advisors
Florida B-D, RIA owner pitches bold long-term plan to sell to advisors

IFP Securities’ owner, Bill Hamm, has a long-term plan for the firm and its 279 financial advisors.

Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships
Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships

Meanwhile, a Osaic and Envestnet ink a new adaptive wealthtech partnership to better support the firm's 10,000-plus advisors, and RIA-focused VastAdvisor unveils native integrations with leading CRMs.

Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions
Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions

A former Alabama investment advisor and ex-Kestra rep has been permanently barred and penalized after clients he promised to protect got caught in a $2.6 million fraud.

Why the evolution of ETFs is changing the due diligence equation
Why the evolution of ETFs is changing the due diligence equation

As more active strategies get packaged into the ETF wrapper, advisors and investors have to look beyond expense ratios as the benchmark for value.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management