Anthony BrancaPublicly available records published by the Financial Industry Regulatory Authority (FINRA) and accessed on April 4, 2018 indicate that Georgia-based Woodstock Financial Services broker/adviser Anthony Branca has received pending customer and regulatory complaints. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Branca (CRD# 1178639).

Anthony Branca has spent 27 years in the securities industry and has been registered with Woodstock Financial Group in Woodstock, Georgia since 2008. Previous registrations include The Investment Center in Piscataway, New Jersey (2003-2008); The Concord Equity Group in Iselin, New Jersey (2000-2003); JJB Hilliard WL Lyons in Louisville, Kentucky (1999-2000); Atlantic Group Securities in Millburn, New Jersey (1997-1999); Rickel & Associates in New York, New York (1994-1997); and Halpert & Company in Millburn, New Jersey (1990-1994). He has passed six securities industry examinations: Series 66 (Uniform Combined State Law Examination), which he obtained on June 21, 2002; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on December 19, 1990; Series 7 (General Securities Representative Examination), which he obtained on December 6, 1990; Series 53 (Municipal Securities Principal Examination), which he obtained on June 3, 2002; Series 8 (General Securities Sales Supervisor Examination [Options Module & General Module]), which he obtained on January 18, 1994; and Series 24 (General Securities Principal Examination), which he obtained on January 20, 1993. He is a registered broker and investment adviser with 52 US states and territories.

According to his BrokerCheck report, he has received one pending customer complaint and one pending regulatory complaint.

LJM Preservation

Publicly available records indicate that a class action lawsuit has been filed on behalf of investors in LJM Preservation and Growth Fund Class I (MFD: LJMIX) in connection to alleged violations of securities laws by LJM. Fitapelli Kurta is interested in speaking to investors who have complaints regarding investments made in LJM Funds Management from February 28, 2015 until February 7, 2018.

The class action complaint specifically alleges that during the period in question, LJMIX might have provided false and/or misleading material information, and/or failed to disclose adverse material information, namely: that LJM had no focus on the preservation of capital; that LJM exposed investors to a substantial risk of severe losses; and that LJM had failed to make appropriate efforts to preserve capital during down markets. The complaint alleges that when true facts emerged, investors suffered losses.

LJM Partners is an investment management firm specializing in volatility strategies with a goal of delivering low correlation to equity markets. LJM Preservation and Growth Fund is an open-end fund geared toward capital appreciation, investing namely in long calls, short calls, and put options on the S&P Futures 500 index futures contracts and cash equivalents. When the S&P index declined roughly 4.6% on February 5, 20018, LJMIX suffered a loss of about 80%, declining from $9.82 on February 2, 2018 to $1.94 on February 7, 2018.

Synergy PharmaceuticalsPublicly available records indicate that a class action lawsuit has been filed on behalf of investors in Synergy Pharmaceuticals (NASDAQ:SGYP) in connection to alleged violations of securities laws by BMY. Fitapelli Kurta is interested in speaking to investors who have complaints regarding investments made in Synergy Pharmaceuticals from September 5, 2017 until November 14, 2017.

The class action complaint specifically alleges that during the period in question, SGYP might have provided false and/or misleading material information, and/or failed to disclose adverse material information, namely: TRULANCE, a therapy developed by the company for patients with chronic idiopathic constipation, lacked a side effect profile better than its competitors, in particular when it came to diarrhea; and that the company would not be able to satisfy loan agreement conditions that required it either to have $128 million in cash (or in cash equivalents) available by January 31, 2018, or to secure $100 million in financing for TRULANCE in a manner that did not require the issuing of shares, diluting the company’s shareholders. According to the complaint, the company announced on September 5, 2017 that it had secured a $300 million debt financing that would be structured as senior secured loans from CRG LP, and in a conference call on September 7, 2017, the company’s executives asserted that the loan would give Synergy “financial flexibility to continue to execute on the launch of TRULANCE and achieve our key business priorities” without causing dilution.

On November 9, 2017, however, the company disclosed stalling growth in TRULANCE prescriptions, in addition to the fact that prescribers were writing fewer prescriptions for the product, resulting from the previously undisclosed fact that the product did not have a superior side effect profile. After this announcement, the company’s share price fell approximately 8.4%. When the company announced on November 13, 2017 that it was making an offering of common stock and warrants to correct its prior misstatements and omissions regarding the CRG loan, its share price fell approximately 10.3%, from $2.72/share to a close of $2.44/share on November 13, 2017. The complaint alleges that when true details about these circumstances emerged, investors suffered losses.

Bristol-Myers Squibb CompanyPublicly available records indicate that a class action lawsuit has been filed on behalf of investors in Bristol-Myers Squibb Company (NYSE:BMY) in connection to alleged violations of securities laws by BMY. Fitapelli Kurta is interested in speaking to investors who have complaints regarding investments made in Bristol-Myers Squibb Company from January 27, 2015 until October 9, 2015.

The class action complaint specifically alleges that during the period in question, BMY might have provided false and/or misleading material information, and/or failed to disclose adverse material information, namely: that the company’s trial for CheckMate-026 had a greater likelihood of failure than the company had represented; that the trial suffered a more significant failure than the company had represented in announcements and disclosures made on August 5, 2016; and that consequently the company’s statements to the public during the relevant period were false and misleading. The complaint alleges that when true details emerged, investors suffered losses.

According to the company’s website, Bristol-Myers Squibb Company is a biopharmaceutical company with a mission to “discover, develop and deliver innovative medicines that help patients prevail over serious diseases.” It has developed medicines for “disease areas” that include oncology, immunoscience, fibrosis, and cardiovascular. Its charitable foundation, the Bristol-Myers Squibb Foundation, works toward the promotion of “health equity” and the improvement of “health outcomes of populations disproportionately affected by serious diseases and conditions.” The company trades on the New York Stock Exchange under the symbol BMY.

 McKinley Mortgage Company

Publicly available records published by the Securities and Exchange Commission (SEC) on March 22, 2018 announce that the SEC reached a settlement of charges against the operators of McKinley Mortgage Company, who allegedly participated in a “years-long scheme to bilk hundreds of investors” out of millions of dollars of funds. Fitapelli Kurta is interested in hearing from investors who have complaints regarding McKinley Mortgage Company.

According to the SEC, the company and its operators—Tobias Preston, Charles Preston, and Caleb Preston—raised an amount exceeding $66 million from around 300 investors, including retail investors. The SEC alleges that they raised these funds by “falsely stating that investments in their fund, Alaska Financial Company III… were secure,” and that the fund generated high returns. In fact, according to the SEC, the fund has for years been insolvent and incapable of meeting interest obligations. The SEC further alleges that though “a portion” of the investors’ funds were used as represented, Tobias Preston used “more than $17 million” to finance “personal businesses and to pay for personal expenses,” while McKinley used another $14 million to fund its operational expenses. According to the SEC, Charles Preston, Caleb Preston, and Laura Sanford, an accounting manager, worked to conceal the fraud “by preparing or distributing investor materials with false information” and keeping other information from the fund’s auditors.

The SEC charged the individuals with violations of anti-fraud and registration provisions of federal securities law, and the defendants agreed to permanent injunctions against future violation of these provisions. According to the SEC, both the Prestons and McKinley agreed to the repayment to AFC III of nearly $30 million in funds they allegedly improperly received, as well as “the appointment of new management at McKinley, AFC III, and their affiliates.” Additionally, Tobias Preston will be subject to an order to return improperly acquired assets as well as a penalty of $2.5 million. Charles Preston and Caleb Preston, per the SEC, have agreed to penalties of $425,000 and $150,000/

Publicly available records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on March 30, 2018 indicate that New Jersey-based Kestra Investment Services of America broker/adviser Eric Rosenberger was discharged from his former employer in connection to alleged rule violations. Fitapelli Kurta is interested in hearing from investors who have complaints regarding Mr. Rosenberger (CRD# 4636157).

Eric Rosenberger has spent 14 years in the securities industry and has been registered with Kestra Investment Services in Morristown, New Jersey since January 2018. He was previously registered with Summit Equities in Parsippany, New Jersey. He has passed three securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on December 30, 2003; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on December 8, 2003; and Series 7 (General Securities Representative Examination), which he obtained on April 16, 2003. He is a registered broker and investment adviser with seven US states and territories: California, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, and Wisconsin. He is registered with one self-regulatory organization: FINRA.

According to his BrokerCheck report, Eric Rosenberger was terminated from a former employer in connection to alleged rule violations.

Publicly available records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on March 22, 2018 indicate that California-based Raymond James & Associates broker/adviser John Wyshak has received resolved or pending customer disputes. Fitapelli Kurta is interested in hearing from investors who have complaints regarding Mr. Wyshak (CRD# 1272260).

John Wyshak has spent 32 years in the securities industry and has been registered with Raymond James & Associates in Los Angeles, California since 2014. Previous registrations include Wedbush Securities in Los Angeles, California (2002-2014); Ryan Beck & Company in Florham, New Jersey (2002); Gruntal & Company in New York, New York (1998-2002); Merrill Lynch in New York, New York (1996-1998); Bear Stearns & Company in New York, New York (1994-1996); Smith Barney Shearson in New York, New York (1993-1994); Lehman Brothers in New York, New York (1989-1993); and Dean Witter Reynolds (1984-1988). He has passed four securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on July 10, 1996; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on June 28, 1984; Series 7 (General Securities Representative Examination), which he obtained on June 16, 1984; and Series 3 (National Commodity Futures Examination), which he obtained on January 10, 1983. He is a registered broker and investment adviser with five US states: California, Colorado, Connecticut, Georgia, and Massachusetts. He is registered with five self-regulatory organizations (SROs): FINRA, NYSE American LLC, Nasdaq PHLX LLC, the Nasdaq Stock Market, and the New York Stock Exchange.

According to his BrokerCheck report, he has received one customer complaint, one pending customer complaint, and six unsatisfied tax liens.

Publicly available records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on March 22, 2018 indicate that Texas-based Raymond James Financial Services broker/adviser Paul Curran has received a pending customer dispute. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Curran (CRD# 5236647).

Paul Curran has spent eleven years in the securities industry and has been registered with Raymond James Financial Services in El Campo, Texas since 2016. Previous registrations include Cetera Investment Services in El Campo, Texas (2014-2016); LPL Financial in El Campo, Texas (2011-2014); UVest Financial Services Group in El Campo, Texas (2009-2011); and Ameriprise Financial Services in Houston, Texas (2006-2009). He has passed two securities industry examinations: Series 66 (Uniform Combined State Law Examination), which he obtained on November 28, 2006, and Series 7 (General Securities Representative Examination), which he obtained on November 17, 2006. He is a registered broker and investment adviser with two US states: North Carolina and Texas.

According to his BrokerCheck report, Paul Curran has received one pending customer complaint.

Publicly available records published by the Financial Industry Regulatory Authority (FINRA) and accessed on March 21, 2018 indicate that former New Jersey-based broker/adviser Francis Gendlek, who has received a pending customer dispute, was recently sanctioned by FINRA in connection to alleged rule violations and barred from acting as a broker or otherwise associating with a broker-dealer firm. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Gendlek (CRD# 1054226).

Francis Gendlek has spent 32 years in the securities industry and is currently not registered with any state or firm. Previous registrations include TFS Securities in East Brunswick, New Jersey (2006-2014); ING Financial Partners in East Brunswick, New Jersey (2004-2006); Sammons Securities Company in Ann arbor, Michigan (2002-2004); Walnut Street Securities in El Segundo, California (1996-2002); North American Management in Sioux Falls, South Dakota (1996); Independent Financial Securities (1991-1995); Wealth Builders Equity Corporation (1990-1991); First Hanover Securities in Staten Island, New York (1990); Invest Financial Corporation in Tampa, Florida (1987-1990); BNL Securities (1986-1987); MetLife Securities (1982-1985); and Metropolitan Life Insurance Company (1982-1985). He has passed four securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which he obtained on February 14, 1990; Series 7 (General Securities Representative Examination), which he obtained on June 18, 1988; Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on August 3, 1982; and Series 24 (General Securities Principal Examination), which he obtained on August 22, 1990.

According to his BrokerCheck report, he has received one FINRA sanction and one pending customer complaint, and he resigned from his former employer in connection to alleged rule violations.

Jason Chi-Wei Fu

Public records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on March 19, 2018 indicate that New York-based AXA Advisors broker/adviser Jason Chi-Wei Fu has received resolved or pending customer disputes. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Fu (CRD# 1329403).

Jason Fu has spent 32 years in the securities industry and has been registered with AXA Advisors in Flushing, New York since 2005. He was previously registered with Mony Securities Corporation in New York, New York (1986-2005). He has passed three securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on June 1, 2005; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on May 7, 1986; and Series 7 (General Securities Representative Examination), which he obtained on March 15, 1986. He is a registered broker and investment adviser with 18 US states: Arizona, California, Connecticut, Florida, Georgia, Maryland, Massachusetts, Mississippi, Nevada, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Texas, Vermont, and Washington.

According to his BrokerCheck report, he has received one customer complaint, one pending customer complaint, one denied customer complaint, and one customer complaint that was closed with no action taken.

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