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Daniel Winger

Public records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on September 13, 2018 indicate that former Washington-based PFS Investments broker Daniel Winger has been 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 hearing from investors who have complaints regarding Mr. Winger (CRD# 1542674).

Daniel Winger has spent thirty-one years in the securities industry and was registered with PFS Investments in Federal Way, Washington from 1986 until August 2018. He has no previous registrations. He has passed four securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which he obtained on August 12, 1986; Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on August 13, 1986; and Series 26 (Investment Company Products/Variable Contracts Principal Examination), which he obtained on November 8, 1988. He is currently not registered with any state or firm.

According to his BrokerCheck report, he has received one FINRA sanction and one customer complaint.

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Adam Moldof

Public records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on September 13, 2018 indicate that Florida-based Wells Fargo Clearing Services broker/adviser Adam Moldof has received a pending customer dispute. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Moldof (CRD# 2657404).

Adam Moldof has spent 22 years in the securities industry and has been registered with Wells Fargo Clearing Services in Boca Raton, Florida since 2003. He was previously registered with Prudential Securities in New York, New York (1995-2003). He has passed four securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on December 20, 1995; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on December 4, 1995; Series 31 (Futures Managed Funds Examination), which he obtained on November 5, 2003; and Series 7 (General Securities Representative Examination), which he obtained on November 20, 1995. He is a registered broker and investment adviser with 22 US states and territories: Arizona, California, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Indiana, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Texas, Virginia, and Washington.

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

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Kirk BertschPublic records published by the Financial Industry Regulatory Authority (FINRA) and accessed on September 13, 2018 indicate that former South Dakota-based Farmers Financial Services broker Kirk Bertsch has been named in an investigation by the South Dakota Division of Insurance and was recently discharged from his former employer in connection to alleged rule violations. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Bertsch (CRD# 4132889).

Kirk Bertsch has spent 18 years in the securities industry and was most recently registered with Farmers Financial Solutions in Spearfish, South Dakota (2000-2018). He was previously registered with Investors Brokerage Services in Elgin, Illinois (2000). He has passed two securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which he obtained on August 7, 2000, and Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on June 6, 2000. He is currently not registered with any state or firm.

According to his BrokerCheck report, Kirk Bertsch was discharged from his former employer in connection to alleged rule violations and has been named in an investigation by the South Dakota Division of Insurance.

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Dean DiMaggioPublicly available records published by the Financial Industry Regulatory Authority (FINRA) and accessed on September 14, 2018 indicate that New York-based Lincoln Investment broker/adviser Dean DiMaggio has received a pending customer dispute. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. DiMaggio (CRD# 1361857).

Dean DiMaggio has spent 32 years in the securities industry and has been registered with Lincoln Investment in Port Washington, New York since 2009. Previous registrations include HRC Investment Services in Glen Head, New York (1993-2009); USLife Equity Sales Corporation in New York, New York (1986-1993); and Kurz-Liebow & Company (1986). He has passed three securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on March 4, 2003; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on March 27, 1986; and Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on March 10, 1986. He is a registered broker and investment adviser with eleven US states and territories: California, Connecticut, Florida, Georgia, Indiana, Maryland, New Jersey, New York, Pennsylvania, Puerto Rico, and Wisconsin.

According to his BrokerCheck report, he has received one pending customer complaint and was discharged from a former employer in connection to alleged rule violations.

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Kari BracyPublicly available records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on September 14, 2018 indicate that Florida-based NYLife Securities broker Kari Bracy has received a pending customer dispute. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Ms. Bracy (CRD# 5656186).

Kari Bracy has spent nine years in the securities industry and has been registered with NYLife Securities in Jacksonville Beach, Florida since 2009. She has no previous registrations. She has passed two securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which she obtained on October 2, 2014, and Series 6 (Investment Company Products/Variable Contracts Representative Examination), which she obtained on July 14, 2009. She is a registered broker with one US state, Florida, and with one self-regulatory organization (SRO): FINRA.

According to her BrokerCheck report, she has received one pending customer complaint.

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Phillip Frost

The Securities and Exchange Commission has charged Phillip Frost, non-executive chairman of Ladenburg Thalmann Financial Services, with fraud in connection to an alleged “pump-and-dump” scheme. He was charged alongside nine other defendants, as well as related businesses and entities. The alleged schemes generated millions for the defendants while leaving retail investors “holding virtually worthless stock,” according to the SEC.

Philip Frost is also the Chief Executive Officer and board chairman of OPKO Health and a noted investor in biotechnology. Ladenburg Thallman is a network of independent broker-dealer firms such as Securities America, Triad Investors, and Investacorp.

The SEC’s complaint alleges that Mr. Frost was part of “a group of prolific South Florida-based microcap fraudsters led by Barry Honig” who participated in the manipulation of the share price of three companies’ stock; Mr. Frost allegedly participated in two of the three schemes. His co-defendants include Barry Honig, John Stetson, Michael Brauser, John O’Rourke III, Mark Groussman, John Ford, Alpha Capital, Anstalt, ATG Capital, Frost Gamma Investments, Trust, GRQ Consultants, Grander Holdings, Melechdavid, OPKO Health, Southern Biotech, and Stetson Capital Investments.

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Michael BotwinickPublic records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on September 12, 2018 indicate that New Jersey-based LPL Financial Services broker/adviser Michael Botwinick has received a pending customer dispute. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Botwinick (CRD# 1057151).

Michael Botwinick has spent 36 years in the securities industry and has been registered with LPL Financial in Woodcliff Lake, New Jersey since 1998. Previous registrations include American Express Financial Advisors in Minneapolis, Minnesota (1982-1998); IDS Life Insurance Company in Minneapolis, Minnesota (1982-1998); American Express Service Corporation in Minneapolis, Minnesota (1993-1994); and IDS Financial Services (1982-1986). He has passed six securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which he obtained on April 30, 1985; Series 31 (Futures Managed Funds Examination), which he obtained on September 3, 2003; Series 7 (General Securities Representative Examination), which he obtained on March 15, 1986; Series 22 (Direct Participation Programs Representative Examination), which he obtained on July 31, 1984; Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on July 30, 1982; and Series 24 (General Securities Principal Examination), which he obtained on April 27, 1994. He is a registered broker and investment adviser with 30 US states and territories.

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

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Eric StubbePublicly available records published by the Financial Industry Regulatory Authority (FINRA) and accessed on September 12, 2018 indicate that former Massachusetts-based Santander Securities broker/adviser Eric Stubbe, also known as Eric Stubbe Arsuaga, has received numerous resolved or pending customer disputes. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Stubbe (CRD# 1499212).

Eric Stubbe has spent 29 years in the securities industry and was most recently registered with Santander Securities in Dorchester, Massachusetts (2006-2016). Previous registrations include UBS Financial Services in San Juan, Puerto Rico (1991-2006); UBS Financial Services in San Juan, Puerto Rico (1987-2006); and Kidder Peabody & Company (1986-1987). He has passed three securities industry examinations: Series 65 (Uniform Investment Adviser Law Examination), which he obtained on July 13, 1996; Series 63 (Uniform Securities Agent State Law Examination), which he obtained on October 3, 1987; and Series 7 (General Securities Representative Examination), which he obtained on May 17, 1986. He is currently not registered with any state or firm.

According to his BrokerCheck report, he has received four customer complaints and six pending customer complaints

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Floyd PowellPublicly available records provided by the Financial Industry Regulatory Authority (FINRA) and accessed on September 12, 2018 indicate that former Alabama-based MML Investors Services broker Floyd Powell has received pending customer disputes. Fitapelli Kurta is interested in speaking to investors who have complaints regarding Mr. Powell (CRD# 2220029).

Floyd Powell has spent 25 years in the securities industry and was most recently registered with MML Investors Services in Albertville, Alabama (2017-2018). Previous registrations include MSI Financial Services in Albertville, Alabama (1992-2017) and Metropolitan Life Insurance Company in Birmingham, Alabama (1992-2007). He has passed two securities industry examinations: Series 63 (Uniform Securities Agent State Law Examination), which he obtained on March 30, 1992, and Series 6 (Investment Company Products/Variable Contracts Representative Examination), which he obtained on March 13, 1992. He is currently not registered as a broker with any state or firm.

According to his BrokerCheck report, he has received two customer complaints.

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Trustmont Financial GroupPublicly available records published by the Financial Industry Regulatory Authority (FINRA) and accessed on September 6, 2018 indicate that an investors has won an award exceeding $1,000,000 in an arbitration claim against Trustmont Financial Group.

Filed in February 2017, the investor’s claim alleged Trustmont Financial Group violated the Florida Securities and Investor Protection Act, breached its fiduciary duty, committed fraud, failed in its supervisory duties, recommended unsuitable products, acted negligently, negligently misrepresented material facts, omitted material facts, breached contract, and was negligent in its supervisory duties in connection to investments in two 1035 annuity exchanges and a private real estate investment trust, or REIT.

Established in Pennsylvania in 1986, Trustmont Financial Group is headquartered in Greensburg, Pennsylvania and registered with 51 US states and territories. Its BrokerCheck report lists this customer complaint and three regulatory events on the firm’s disclosure records.