FINRA Accuses Brokerage Firm of Lack of Supervision in Nontraded REIT Sales

The Financial Industry Regulatory Authority is accusing VFG Securities of failing to supervise brokers to make sure that clients’ portfolios did not become overly concentrated in illiquid investments. In its complaint against the brokerage firm, the regulator said that from 11/10 to 6/12, VFG made nearly 95% of revenue from the sale of nontraded real estate investment trusts and direct participation programs. An audited financial statement with the SEC said that by 6/30/12, the broker-dealer had nearly $4M in revenues for that past year.

The self-regulatory organization said that VFG Securities owner Jason Vanclef wrote a “The Wealth Code,” which he used as sales literature to market investments in direct participation programs and nontraded REITs, in order to bring potential investors. He purportedly claimed in the book that nontraded REITs and nontraded direct participation programs provide capital preservation and high returns—a claim that is misleading, inaccurate, and not in line with information in the prospectuses for the instruments sold by VFG Securities. Such investments are typically high risk to the extent that an investor may end up losing a substantial part of if not all of his/her investment.

Vanclef also wrote in the book that by investing in the instruments that he recommended, investors stood to earn 8-12% results and consistent returns. FINRA said that he and the firm did not give readers a “sound basis” upon which to assess such claims.

In an interview with Vanclef, InvestmentNews said that FINRA has been “persecuting” him, ever since VFG underwent an exam in 2012. That is the year when the self-regulatory organization started concentrating more of its attention on illiquid alternative investment sales. Vanclef is accusing the regulator of “character assassination.”

He described his firm’s clients as “sophisticated” investors who wanted to be involved in illiquid investments. He noted that typical clients wanted to invest $2-$10M, and he usually recommends placing 40-50% of their money in illiquid investments.

Illiquid Investment Fraud
Please contact our illiquid investment fraud lawyers today if you suspect that your losses are a result of negligence or wrongdoing by a financial representative or firm. You may have grounds for filing a nontraded REIT claim.

Small B-D’s clients overly concentrated in illiquid alts: Finra, InvestmentNews, February 16, 2016