Articles Posted in GPB Capital Funds

On Friday, May 14, 2021, GPB Capital Holdings LLC (“GPB Capital”), a private equity firm based in New York, registered some units in its GPB Automotive Portfolio, LP (“GPB Automotive”) with the Securities and Exchange Commission.  As part of its filing, GPB Automotive disclosed that it had substantial doubt of its ability to continue operations.  Specifically, GPB Automotive made the following risk factor disclosures to investors and potential investors:

  • We have determined that there is substantial doubt as to our ability to continue as a going concern, due to the expiration of the credit facility for the majority of our dealerships within 12 months, as well as certain other factors. Our inability to extend the maturity of our credit facility, or replace the credit facility, prior to its maturity in February 2022 would materially adversely affect our financial condition, results of operations, cash flows and business operations.
  • We may not have adequate funds to complete future capital improvement programs or to make additional acquisitions.

A FINRA customer complaint involving Orchard Securities broker Alma Edwards Faerber alleges that Ms. Faerber recommended alternative investments that were unsuitable. The claim, which was filed on December 11, 2020, is related to Ms. Faerber’s previous association with Triad Advisors. The claim seeks $1 million in damages.

Triad Advisors is one of the Advisor Group network broker-dealers. The firm was fined $150,000 by FINRA earlier this year for failing to adequately supervise short-term trades of mutual fund A shares and variable annuity exchanges. Last year, the firm reported three new investor claims related to private placements sales. According to InvestmentNews, per SEC filings, Advisor Group firms have increased legal reserves by about $4.4 million compared to the prior year.

Iorio Altamirano LLP is currently investigating claims on behalf of defrauded investors who were victims of the GPB funds scheme. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would, in turn, sell the GPB funds to their retail investors. According to publicly available records filed with the SEC, both Triad Advisors LLC and Orchard Securities, LLC likely received sales compensation for selling the GPB funds to retail investors.

AEON Capital Inc. is a broker-dealer headquartered in Middletown, New Jersey. According to publicly available records filed with the SEC, the firm likely received sales compensation for selling the GPB funds to retail investors.

AEON Capital Inc. is a firm subject to FINRA Rule 3170. The Rule is referred to as the “Taping Rule,” which requires certain firms to install taping systems to record all telephone conversations between their registered persons and existing and potential customers, review those recordings and file reports with FINRA. The Rule is designed to prevent fraudulent and improper practices in the sale or marketing of financial products. The Rule applies to firms with a significant number of registered persons that previously worked for firms that have been expelled from the industry or have had their registrations revoked for inappropriate sales practices.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors.

Pariter Securities, LLC is a broker-dealer based in Guaynabo, Puerto Rico. In September 2019, the Commissioner of Financial Institutions of the Government of Puerto Rico (“OCFI”) found that the firm failed to put into place a supervisory system that was reasonably designed to achieve compliance with suitability rules and regulations regarding alternative investments transactions. 

According to publicly available records filed with the SEC, Pariter Securities, LLC likely received sales compensation for selling the GPB funds to retail investors. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme.

Cabot Lodge Securities LLC is a midsize independent broker-dealer headquartered in New York, NY. According to publicly available records filed with the SEC, the firm likely received sales compensation for selling the GPB funds to retail investors.

Cabot Lodge Securities LLC is under common control with Purshe Kaplan through holding company PKS Holdings, LLC. Read more about our firm’s investigation into Purshe Kaplan.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds.  The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors.

Calton & Associates, Inc. is a Florida-based broker-dealer. According to publicly available records, the firm is facing a $500,000 customer complaint from an investor who suffered losses in his account. The investor’s account held positions in the GPB funds.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors. Public records filed with the SEC show that Calton & Associates, Inc. likely received sales compensation for selling the GPB funds to retail investors.

If you lost money in GPB funds with Calton & Associates, Inc., you may have a claim.

Capital Investment Group, Inc. is a broker-dealer headquartered in Raleigh, North Carolina. According to publicly available records filed with the SEC, the firm likely received sales compensation for selling the GPB funds to retail investors.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. GPB Capital sold unregistered, high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors.

If you lost money in GPB funds with Capital Investment Group, Inc., you may have a claim.

A FINRA customer complaint involving Dempsey Lord Smith broker Raymond Sun alleges elder financial abuse as defined by the Welfare and Institutions Code under California law. The claim seeks $1.2 million in damages, including $900,000 in punitive damages. The claim, which was filed on August 28, 2020, is related to Sun’s previous association with Sandlapper Securities, LLC.

FINRA expelled Sandlapper Securities, LLC from the securities industry in June 2020.

Iorio Altamirano LLP is currently investigating claims on behalf of defrauded investors who were victims of the GPB funds scheme. GPB Capital sold unregistered and high commission limited partnership interests in eight alternative-asset investment funds. The GPB funds were marketed to independent broker-dealers and investment advisers who would, in turn, sell the GPB funds to their retail investors. According to publicly available records filed with the SEC, both Sandlapper Securities, LLC, and Dempsey Lord Smith, LLC likely received sales compensation for selling the GPB funds to retail investors.

Geneos Wealth Management, Inc. is a Colorado-based broker-dealer. According to publicly available records, the firm is facing a $1 million customer complaint over a former broker’s recommendations to a client to invest in three GPB Capital funds: GPB Holdings II, GPB Automotive Portfolio, and GPB Waste Management.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors. Public records filed with the SEC show that Geneos Wealth Management, Inc. likely received sales compensation for selling the GPB funds to retail investors.

If you lost money in GPB funds with Geneos Wealth Management, Inc., you may have a claim.

Crystal Bay Securities, Inc. is a defunct broker-dealer out of Delray Beach, Florida. FINRA cancelled the firm’s license in February 2019 for failure to pay arbitration fees.

In November 2020, an arbitration panel ordered Crystal Bay Securities, Inc. to pay $1.3 million in damages to a 91-year-old Claimant over her losses in three GPB funds: GPB Holdings II, GPB Automotive and GPB Waste Management. The broker involved in the customer dispute was Rafael Golan who was barred from the securities industry in May 2019.

Iorio Altamirano LLP is investigating claims on behalf of defrauded investors who were victims in the GPB funds scheme. The GPB funds were marketed to independent broker-dealers and investment advisers who would in turn sell the GPB funds to their retail investors. Publicly available records filed with the SEC show that Crystal Bay Securities, Inc. likely received sales compensation for selling the GPB funds to retail investors.

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