Finra panel awards investors $1.16 million over sales of REITs, other complex products

Finra panel awards investors $1.16 million over sales of REITs, other complex products
Berthel Fisher CEO says firm gives clients 'excellent service and good investment advice'
JUL 17, 2019

Finra arbitrators awarded six investors $1.16 million in a case in which they alleged Berthel Fisher & Co. Financial Services Inc. sold them inappropriate complex investments. The three-member, all-public Financial Industry Regulatory Authority Inc. panel found the firm, three of its executives — Thomas Joseph Berthel, Ronald Odin Brendengen and Richard Maurice Murphy — and a former broker, Jerry Dewayne McCutchen Sr., liable. The causes of action related to investments in equipment leases, direct participation programs and several real estate investment trusts. In the July 15 award, the arbitrators gave each of the investors the following amounts in compensatory damages: Jerry and Louise Trawick, $291,827; Richard and Marilyn Bjornas, $280,288; and Chad and Michelle Greer, $229,420. The arbitrators ruled Berthel and Mr. McCutcheon Sr. are liable for $50,000 and $10,000 in punitive damages, respectively, to each of the couples. Berthel, the executives and Mr. McCutchen must also pay the claimants $248,614 in attorney fees and $110,966 in costs and other damages. Mr. McCutchen worked at Berthel from 2007 until 2014, according to his BrokerCheck profile. He was barred from the industry by Finra after 27 years at 10 firms. He had accumulated 43 disciplinary disclosures. The unsuitable sales to the claimants occurred from 2007 through 2012 in the Mobile, Ala., area, according to their lawyer, Michael Bixby, an associate at Levin Papantonio Thomas Mitchell,Rafferty & Proctor. Berthel filled up the investors' portfolios with the same kinds of complex, high-risk products that didn't fit their risk profiles, Mr. Bixby said. Two of the couples were retirees. "These types of products shouldn't be sold across the board," Mr. Bixby said. "You need to have an appropriate supervisory system in place. Red flag, after red flag, was ignored — either intentionally or negligently." Mr. Berthel, the firm's chief executive, said it treats clients well. "While we respect their work, we are disappointed in the arbitration panel's decision in this case brought by clients of one of our registered representatives who retired over four-and-a-half years ago," Mr. Berthel said in a statement. "We greatly appreciate our clients and we work hard to give them excellent service and good investment advice. We look forward to continuing these efforts in the years to come." The investors filed their claim in 2017, approximately five years after the inappropriate sales. "The market surrounding these [illiquid investments] is very opaque," Mr. Bixby said. Victims "may not discover there was a loss or wrongdoing until years later."

Latest News

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

Advisor moves: LPL lands $350M veteran advisor duo in Florida
Advisor moves: LPL lands $350M veteran advisor duo in Florida

Also, Raymond James's employee advisor channel adds breakaways from Wells Fargo and Stifel, while UBS welcomes an ex-Morgan Stanley duo in Indiana.

SEC accuses crypto firm founder of running $425 million Ponzi scheme
SEC accuses crypto firm founder of running $425 million Ponzi scheme

It promised guaranteed principal and 10% monthly returns. The SEC says it invested nothing.

MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products
MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products

Ten years after entering the fee-based annuity market, MassMutual Ascend says nearly half its lifetime sales came in the past two years alone – but barriers remain among fee-only advisors.

Fintech bytes: Wealth tech firms target advisor productivity with new integrations
Fintech bytes: Wealth tech firms target advisor productivity with new integrations

Amplify, WealthReach, Zeplyn and Zocks have unveiled partnerships aimed at automating portfolio management, content creation, account opening, and client communication.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income