http://www.lifehealthpro.com/2014/08/26 ... woon-for-d
Where there’s a will there’s a way. This turn of phrase might best sum up news that one brokerage firm is still pitching a niche investment product after running afoul of the Financial Industry Regulatory Authority.
According to TheStreet, David Lerner, founder and president of David Lerner Associates, lost his brokerage license for a year as a part of a 2012 settlement with FINRA over misleading sales claims and other violations. The focus of the charge: the firm’s marketing of illiquid, non-traded real-estate investment trusts or REITs to “unsophisticated and elderly" clients.
Fast forward to 2014. After paying financial penalties — Lerner personally coughed up $250,000 in fines and his firm chalked up another $14 million in fines and restitution to investors — the brokerage is again pitching its “Apple REIT Ten” product to seniors.
Why press on with the same product-push, and to the same target audience, after incurring such steep financial penalties?
“REITs are alluring to investors seeking yield because they distribute at least 90 [percent] of their taxable income to shareholders,” TheStreet writes. “But unlike exchange-traded REITs that can be bought and sold on a stock exchange, non-traded REITs have a limited secondary market.”
The investment vehicle’s appeal aside, one wonders whether FINRA needs to strengthen its penalties and/or rules to discourage potentially recidivist brokers from repeatedly taking advantage of elderly investors. Perhaps the “retrospective review initiative,” launched by FINRA in April, would be an appropriate forum for focusing on this issue.
—Warren S. Hersch
Company founder David Lerner lost his brokerage license for a year as a part of a 2012 settlement with FINRA over misleading sales claims and other violations.