Securities America taps new boss – but showdown with regulator looms

Nagengast tapped to replace McWhorter; Massachusetts suing firm over sale of private placements
JAN 03, 2011
Weeks away from a face-off with securities regulators in Massachusetts, Securities America Inc. has tapped Jim Nagengast to be its new chief executive. Mr. Nagengast, the firm's president since 2008, replaces Steve McWhorter, who announced his retirement this year. With a recent string of broker-dealers falling by the wayside or leaving the business, Mr. Nagengast said he feels “optimistic” about the future, adding that the industry consolidation will create a “real opportunity” for Securities America. “Numerous broker-dealers are going to be faced with the question” of whether to continue or to exit the business, he said. Mr. Nagengast already has his plate full with problems created by Securities America reps' and advisers' selling Medical Capital private placements from 2003 to 2008. In January, the Massachusetts Securities Division sued the firm, alleging that it misled investors. Four hundred Securities America reps and advisers sold almost $700 million notes issued by Medical Capital Holdings Inc., which was charged with fraud by the Securities and Exchange Commission last summer. The lawsuit alleges that Securities America failed to reveal pertinent information to investors about high-risk notes issued by Medical Capital. In total, Medical Capital issued $2.2. billion in notes, and about half of those are in default. Dozens of broker-dealers sold the notes, but Securities America, which has more than 1,900 reps and advisers, is the largest broker-dealer to have sold them. An administrative hearing at the Massachusetts Securities Division is scheduled to be held for four days beginning August 30. Mr. Nagengast said the firm does not know how the hearing is going to progress. “We feel strongly we did our due diligence — a significant amount — before approving” the first five Medical Capital series of notes. In the lawsuit, Massachusetts cited e-mails from Mr. Nagengast from 2005 that the firm should stop selling the product until it received audited financials from Medical Capital. According to the complaint, Mr. Nagengast wrote in an e-mail: “We simply have to tell [Medical Capital] that if they don't have financials by [a specified] date, we will stop distributing the product on that date. Then they can decide if it's worth spending $50,000 to have [the audit] done. If they won't spend the money, that should give us concern.” When asked to comment on that e-mail, Mr. Nagengast said: “We conducted industry-leading due diligence and never detected any indication of fraud.” Securities America “ignored its president's recommendation and continued selling hundreds of millions of dollars of [Medical Capital] notes without the audited financials' ever being conducted on any Medical Capital entities,” the lawsuit alleges. The Massachusetts lawsuit is seeking restitution for investors as well as a fine against Securities America.

Latest News

Trump teleprompter operator placed on unpaid leave amid probe into alleged Kalshi bets
Trump teleprompter operator placed on unpaid leave amid probe into alleged Kalshi bets

“The White House has extremely strict ethical guidelines with respect to issues like this,” said Press Secretary Karoline Leavitt.

GPB, the priest and a get out of jail card
GPB, the priest and a get out of jail card

Just how much does it cost for a financial advice exec to stay out of prison?

St. Louis pension fund sues FS/KKR advisor over alleged excessive fees
St. Louis pension fund sues FS/KKR advisor over alleged excessive fees

The advisor both prices FSK's private loans and gets paid on those prices, the suit claims

SEC moves to make electronic delivery the default for investor disclosures
SEC moves to make electronic delivery the default for investor disclosures

The proposal would end decades of paper-first delivery rules, but keeps a paper opt-out and draws early praise from fund and annuity industry groups.

Trump accounts could encompass every US family, 70 million children, says IRS chief
Trump accounts could encompass every US family, 70 million children, says IRS chief

The Trump accounts are “generationally changing” and bring financial literacy to youth, said IRS chief Frank Bisignano.

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