California Securities Fraud Lawyer Blog

The Alcala Law Firm is investigating claims about the sales practices of Ray Lucia, a San Diego, California, financial advisor and radio personality best known for his Buckets of Money (BOM) investing strategy. Raymond Lucia is the principal of RJL Wealth Management LLC (formerly Lucia Financial LLC). Recently, the Securities and Exchange Commission (SEC) filed a securities fraud lawsuit against Raymond Lucia and one of his former companies--Raymond J. Lucia Companies, Inc. According to the SEC's lawsuit, Lucia made false and misleading representations regarding the history and performance of his BOM strategy.

Raymond Lucia is the author of three books on investing for retirement: "Buckets of Money: How to Retire in Comfort and Safety," "Ready? Set? Retire!," and "The Buckets of Money Retirement Solution: The Ultimate Guide to Income for Life."

On February 14, 2012, the Securities and Exchange Commission (SEC) filed a complaint against Brenda Esbach of Tustin, California charging her with numerous securities fraud violations. The activity in question began while Brenda Esbach was employed as an investment advisor with Ameriprise Financial Services and continued after she left Ameriprise and began working with Aventine Investment Services, Inc. and Purshe Kaplan Sterling Investments.

The SEC's complaint alleges that, instead of making investments as directed by her clients, Esbach misappropriated the funds using them to pay personal and business expenses, including private school tuition and trips to Las Vegas. Without admitting or denying the allegations, Esbach agreed to provide restitution to her victims in the amount of $2,561,873.

Esbach, who has also been the subject of several investor lawsuits and securities arbitration claims, is awaiting sentencing in a related Federal prosecution where she entered a guilty plea to one count of mail fraud and one count of money laundering back in September 2011.

Today, the Securities and Exchange Commission (SEC) announced the filing of a civil securities fraud lawsuit against Southern California wealth advisory firm MAM Wealth Management, LLC (MAM), MAMW Real Estate General Partner, LLC (MAMW), Alex Martinez and Ralph Sanchez. The action alleges securities fraud in connection with client investments of $10.3 million in a risky real estate investment. According to the complaint, from 2007 through 2009, Martinez and Sanchez advised 50 of their clients to invest in MAM Wealth Management Real Estate Fund, LLC (MAM Fund) and misrepresented that the MAM Fund was a safe and liquid investment with 9% annual earnings. Martinez and Sanchez are alleged to have used their discretionary authority over their clients' accounts to invest in the MAM Fund despite its unsuitability for their conservative investment goals. Many of these client accounts were retirement accounts and the MAM fund was unsuitable for clients who were unable to accept the risk of losing their entire investment. According to the SEC, the defendants caused the MAM Fund to use client funds to make risky mortgage loans. In its action, the SEC seeks permanent injunctions, disgorgement of ill-gotten gains plus prejudgment interest, and monetary penalties.

Securities Fraud Alert: Ponzi scheme victims who purchased unregistered securities from the Draseena Funds Group and related companies (see table below) from a stockbroker or investment advisor may be able to recoup their investment losses through securities arbitration. Although not all claims for investment losses are actionable, investors who received false, misleading or incomplete information about the risks associated with these securities may have a cause of action for securities fraud, breach of fiduciary duty, negligence and/or failure to conduct due diligence. Please note that claims arising under state or federal laws are time sensitive and, therefore, must be brought within a specified period of time after these events occurred or should have been discovered or else they will be barred. Click here for more information about securities arbitration.

Draseena Funds Group

Arrow Fund, LLC
Arrow Fund II
Nerium Currency Fund, LP
Conservium Fund, LLC
Senior Strength Q Fund, LLC
Three Oaks Senior Strength Fund, LLC
Three Oaks Fund, LP
Three Oaks Currency Fund, LP
Three Oaks Advanced Fund, LLC
Three Oaks Fund 25, LLC
US First Fund, LLC
SSecurity Fund, LLC

The U.S. Attorney's office has charged a San Francisco man with securities fraud for perpetrating a Ponzi scheme that allegedly collected more than $25 million from 80 investors. Maher Talal Muhawieh was charged with obtaining loans from victims which he claimed would be used to renovate residential properties that would later be sold at a profit. Muhawieh told victims that the loans paid a high rate of return, had limited risk and were secured by deeds of trust. According to the indictment, Muhawieh operated a Ponzi scheme in which he misappropriated funds for his own personal and used borrowed funds to reimburse earlier investors.

In testimony before the U.S. Senate last week, an FBI official reported that securities fraud involving high yield investment products was on the rise. According to the FBI, this year 291 new high yield investment fraud cases have already been opened. See related blog posting: FBI Reports 105% Increase in High Yield Investment Fraud Investigations