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UPDATE! GWG Renewable Secured Debentures Investigation

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16
Nov

UPDATE! GWG Renewable Secured Debentures Investigation

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Arque Capital Ltd. And GWG Renewable Secured Debentures

Have you invested in GWG Renewable Secured Debentures?  We have previously a number of blog entries regarding actions bought by the Financial Industry Regulatory Authority (FINRA) against financial advisors and brokerage firms who recommended that their clients invest in GWG debentures.

FINRA recently brought at least its sixth disciplinary action in the last several months against a financial advisor or firm for recommending GWG Debentures to their clients.  Arque Capital Ltd. was the managing broker-dealer of the GWG Renewable Secured Debentures issuance.   FINRA alleged that Arque Capital, a brokerage firm based out of Scottsdale, Arizona, performed inadequate due diligence on the GWG Renewable Secured Debentures before they were sold.  FINRA fined Arque Capital $50,000 for this conduct.

GWG Holdings, Inc. purchases life insurance policies on the secondary market, at a discount from the policy owner.  GWG then hopes to make a profit by collecting the face value of the policy when the insured passes away.  However, in order to finance the purchases of these insurance policies, GWG borrows money from financial institutions or investors.

GWG began issuing Renewable Secured Debentures in 2012 to sell to investors.  The GWG Renewable Secured Debentures have varying maturities, from six-months to seven-years, and are purported to pay annual intererest rates fom 4.75% to 9.50%.  However, the GWG Renewable Secured Debentures are illiquid, and investors do not have access to their principal investment, with exceptions for death, bankruptcy, or total disability of the investor.  There is no secondary market for the GWG Renewable Secured Debentures either.  The prospectus for the GWG Debentures states that this investment is generally not suitable for an investor who needs their invested funds to be liquid.

FINRA previously suspended Michael Wurdinger of Center Street, who was responsible for supervising the financial advisors who recommended the GWG Renewable Secured Debentures to Center Street Securities clients.  FINRA alleged that Wurdinger did not understand the features and risks of the GWG Debentures, and therefore he lacked the requisite understanding to adequately supervise and review the sales of these Debentures.  FINRA also alleged that Wurdinger approved sales of the GWG Debentures to many elderly clients, some of whom had investment objectives and risk tolerances that were inconsistent with the GWG Debentures, which were speculative.  FINRA further alleged that some Center Street Securities customers had high concentrations of these debentures, which exceeded suitability requirements described in the GWG Debenture disclosure documents.

FINRA also suspended another advisor at Center Street Securities for selling GWG Debentures.  Additionally, FINRA has also suspended advisors from 79 Capital Securities and Freedom Investors Corp.

We are investigating whether clients may have potential claims against Center Street Securities, 79 Capital Securities, Freedom Investors Corp., or other broker-dealer firms for unsuitable sales and misrepresentations in connection with the sale of the GWG Renewable Secured Debentures.  Financial advisors have an obligation to make investment recommendations that are suitable for their clients, considering the client’s investment objectives, risk tolerance, financial resources, age, and other circumstances.

Securities broker-dealer firms have a responsibility to adequately supervise all representatives and financial advisors who are registered through their firm, including investments sold by their registered representatives.  Broker-dealers also must take steps to ensure that their financial advisors follow all securities rules and regulations, as well as internal firm policies.  When broker-dealers fail to adequately supervise their registered representatives, they may be liable for investment losses sustained by customers.  If you have invested in GWG Renewable Secured Debentures and want to hear about ALL legal options, please visit https://www.israelsneuman.com/ and go to our CONTACT page or call us at 720-599-3505.

Click here to view Arque Capital FINRA AWC:  Arque Capital FINRA AWC

Israels & Neuman, PLC is a private law firm and is not affiliated with any government or law enforcement agency. Any investigation referenced in this blog is independent in nature and is being conducted by our law firm privately, not in conjunction with any government or law enforcement agency. All information contained in this blog should be deemed statements of opinion derived from the author’s review of public records, not statements of fact. This blog is advertising material and does not create an attorney client relationship, nor does it constitute legal advice. Everyone’s situation is different and the question of whether or not you have a claim will vary on a case-by-case basis. In contingent representation, clients may still be liable for costs.
10.0David P Neuman

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