Montana securities cops sue Securities America

Montana's commissioner of securities and insurance has sued Securities America over the sale of failed private placements, making it the second state to target the broker-dealer for selling the risky investments.
JAN 03, 2011
Montana's commissioner of securities and insurance has sued Securities America over the sale of failed private placements, making it the second state to target the broker-dealer for selling the risky investments. The office of the state auditor for Montana on Aug. 4 sued Securities America and a number of its top executives, including current chief executive James Nagengast, alleging that they “withheld material information regarding heightened risks” from its representatives and their clients regarding notes issued by Medical Capital Holdings Inc. Securities America, whose brokers sold $698 million of the notes from 2003 to 2008, “concealed these risks” from its brokers and their clients, the lawsuit said. According to the suit, Montana may revoke the firm's registration in the state “because it is in the public interest to protect Montana investors from broker-dealers” if those broker-dealers withhold material information related to heightened investment risks. Those risks included Medical Capital's failure to maintain audited financial statements, the lawsuit said. Medical Capital's was charged with fraud by the Securities and Exchange Commission last summer. In January, the Massachusetts Securities Division sued Securities America, alleging it failed to reveal pertinent information to investors about high-risk notes issued by Medical Capital. In total, Medical Capital sold $2.2 billion of notes through dozens of independent broker-dealers, a number of which have failed or shut down. Securities America sold the largest amount of Medical Capital notes. Securities America is also facing a handful of complaints from investors who bought Medical Capital notes and seeking class action status. On Aug. 11, U.S. District Judge David O. Carter for the Central District of California dismissed two of those complaints. Attorneys familiar with the matter, however, said the firm cannot declare victory yet as lawyers for clients who bought Medical Capital notes will likely soon file amended complaints. According to the Montana lawsuit, Securities America brokers sold the Medical Capital notes to non-accredited investors, meaning investors with a net worth of less than $1 million. The Massachusetts lawsuit also alleged that Securities America brokers sold the notes to non-accredited investors. “Every Montana client who purchased the Medical Capital private placement attested to his or her accredited status,” Janine Wertheim, senior vice president with Securities America, wrote in an e-mail. “We were not given an opportunity to provide the state with additional information prior to the action being filed, and we have requested a hearing,” wrote Ms. Wertheim, who is also one of the executives named in the Montana suit. Two current and one former Securities America advisers were also named in the Montana suit. Meanwhile, Securities America's showdown with Massachusetts has been postponed for the second time in as many months. A hearing scheduled to begin next Monday has been pushed back to Sept. 23. Securities America, with 1,898 representatives and advisers, is the independent broker-dealer arm of Ameriprise Financial Inc.

Latest News

Barred advisor forged wife’s signature on life insurance contracts, according to FINRA
Barred advisor forged wife’s signature on life insurance contracts, according to FINRA

Thrivent Investment Management Inc. in May fired Nicholas Hale, according to his BrokerCheck profile.

Raymond James lands $18.7B Synovus team as LPL adds UBS breakaways
Raymond James lands $18.7B Synovus team as LPL adds UBS breakaways

About 70 bank and credit union advisors move to the Raymond James platform, while a $480M New Jersey team goes independent with LPL

Tax-aware investing should expand client choices, not constrain them 
Tax-aware investing should expand client choices, not constrain them 

The best tax plan asks not only how much a client could save, but what they would have to give up to save it. 

Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis
Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis

A 20-year financial services veteran brings values-driven planning expertise to the St. Louis-based RIA.

SEC enforcement against public companies hits record low under Atkins
SEC enforcement against public companies hits record low under Atkins

New research shows a 71% plunge in actions in fiscal year 2026, with total settlements the lowest since the database began.

SPONSORED Best Practices for Engaging Women Around Alternatives

Growing wealth, evolving priorities, and untapped opportunities are reshaping how women approach long-term investing.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.