Mark James Mclain Audit (2023) – A Scam or Legit Broker?

Mark James Mclain  – and the firm that employs him or her – is regulated by the Financial Industry Regulatory Authority (FINRA).

If you are like most people, before you go out to dinner at a new restaurant, you probably take a quick look at the reviews. This makes sense; you are going to pay for an expensive dinner, and you need to be sure that you are getting a good value.

Yet, when choosing a financial advisor, many people fail to conduct this same level of due diligence. Before turning over access to your money, you need to be sure that you have found a financial advisor that you can trust. Here, our audit report, including details of allegations, complaints, and sanctions will help you decide whether or not to invest with Mark James Mclain.

BrokerComplaints.com is currently investigating allegations related to Mark James Mclain. We provide a free platform for investors to help them in their claims against negligent brokers and brokerage firms.

About Mark Mclain

Mark James Mclain is an Investment Adviser. Mark James Mclain’s Central Registration Depository (CRD) number is 2429000 and the FINRA Profile can be found at – https://brokercheck.finra.org/individual/summary/2429000.

Click here to download a Detailed Audit Report for Mark James Mclain.

Mark James Mclain has previously been reprimanded and has disclosures and/or client dispute(s) listed at FINRA BrokerCheck.

Accusations and Disclosures

You can find below, a quick snapshot of Mark James Mclain’s regulatory actions, arbitrations, and complaints.

DISCLOSURE 1 – 

• Event Date: 10/20/2000
• Disclosure Type: Customer Dispute
• Disclosure Resolution: Settled
• Disclosure Detail :: Allegations: CLIENT ALLEGES FAILURE TO FOLLOW INSTRUCTIONS.
• Damage Amount Requested: $7,391.61
• Settlement Amount: $7,391.61
• Arbitration Docket Number:
• Broker Comment: THE COMPLAINT WAS SETTLED WITH THE CUSTOMER FOR $7391.61 OF WHICH THE MR. MCLAIN WILL CONTRIBUTE THE WHOLE AMOUNT.

DISCLOSURE 2 – 

• Event Date: 7/17/2000
• Disclosure Type: Customer Dispute
• Disclosure Resolution: Denied
• Disclosure Detail :: Allegations: THE CUSTOMER SUBMITTED A NON-SPECIFIC WRITTEN COMPLAINT ON 7/17/00 FOR ACTIVITY WITH MCLAIN WHEN HE WAS EMPLOYED WITH BILTOMRE SECURITIES, A PRIOR FIRM. THE CUSTOMER ALLEGES POOR PERFORMANCE ALONG WITH UNSUITABLE INVESTMENTS, MISREPRESENTATION, ETC. AND WAITED ONE YEAR PRIOR TO COMPLAINING TO BILTMORE. ONCE THE CUSTOMER WAS REJECTED FOR POSSIBLE SETTLEMENT, THE CUSTOMER SOUGHT MCLAIN AT LTCI AND IS REQUESTING THE RETURN OF HIS PRINCIPAL, OR $60,207. THE CUSTOMER WAS A SAVVY, EXPERIENCED SECURITIES ATTORNEY WHO IS REPORTED TO BE A REGISTERED REPRESENTATIVE AT THE TIME OF HIS COMPLAINT. MCLAIN DENIES ALL ALLEGATIONS.
• Damage Amount Requested: $60,207.00
• Arbitration Docket Number:
• Broker Comment: ON SEPTEMBER 15, 2000 THE CUSTOMER’S ALLEGATIONS WERE DENIED IN TOTAL AS THE ACTIVITY DID NOT TAKE PLACE AT LADENBURG THALMANN & CO. INC. AND THE ALLEGATIONS CAN NOT BE INVESTIGATED.

DISCLOSURE 3 – 

• Event Date: 7/7/1999
• Disclosure Type: Customer Dispute
• Disclosure Resolution: Settled
• Disclosure Detail :: Allegations: CLIENT ALLEGED MISREPRESENTATION; BREACH OF FIDUCIARY, ACCOUNT RELATED-NEGLIGENCE; AND OMISSION OF FACTS. ALLEGED DAMAGES OF APPROXIMATELY $80,574 AND ATTORNEY FEES.
• Damage Amount Requested: $80,574.00
• Settlement Amount: $20,000.00
• Arbitration Claim Filed Detail: 95-03451
• Arbitration Docket Number:
• Broker Comment: JOSEPH ROBERTS AND MARK MCLAIN SETTLED WITH [CUSTOMER FOR $20,000. ON JULY 20, 1996, A NOTICE OF DISMISSAL WAS FILED BY THE CLAIMANT WHICH DISMISSED THE PROCEEDING WITH PREJUDICE AGAINST JOSEPH ROBERTS. (SEE ATTACHMENTS) NOT PROVIDED

DISCLOSURE 4 – 

• Event Date: 10/2/1998
• Disclosure Type: Customer Dispute
• Disclosure Resolution: Denied
• Disclosure Detail :: Allegations: WHILE EMPLOYED AT BILTMORE ALLEGATIONS OF MARKET LOSSES OF 45,000 IN NASDAQ SECURITIES DUE TO THE CLIENT NOT BEING SUITABLE.
• Damage Amount Requested: $45,000.00
• Arbitration Docket Number:
• Broker Comment: I QUALIFIED CUSTOMER BY DETRERMINING NET WORTH AND INVESTMENT OBJECTIVES, WHICH INCLUDED SPECULATION. CUSTOMER EXECUTED RISK DISCLOSUE DOCUMENTS SENT BY BILTMORE, INDICATING HIS UNDERSTANDING OF RISKS INVOLVED WITH SPECULATIVE INVESTMENTS. CUSTOMER HAD A SUBSTANTIAL NET WORTH HELD A TREMENDOUS AMOUNT OF REAL ESTATE AND WAS QUITE SUITABLE FOR SPECULATIVE INVESTING. I REVEIWED DUE TO DELIGENCE ON EACH RECOMMENDATION MET HIS INVESTMENT OBJECTIVES.

DISCLOSURE 5 – 

• Event Date: 4/24/1997
• Disclosure Type: Customer Dispute
• Disclosure Resolution: Settled
• Disclosure Detail :: Allegations: ALLEGED BREACH OF FIDUCIARY DUTIES, ACCOUNT RELATED NEGLIGENCE, BREACH OF CONTRACT, ACCOUNT RELATED FAILURE TO SUPERVISE, DAMAGES $1,000,000.00.
• Damage Amount Requested: $1,000,000.00
• Settlement Amount: $18,000.00
• Arbitration Claim Filed Detail: 97-00856
• Arbitration Docket Number:
• Broker Comment: WITHOUT ADMITTING LIABILITY, THE PARTIES AGREED TO SETTLE FOR A TOTAL OF $18,000.00 OF WHICH $9000 WILL BE PAID TO THE [CUSTOMER’S1983 TRUST AND $9000 WILL BE PAID TO LEO L. DAVIS INC. BY MR. MCLAIN. AFTER ALL PAYMENTS ARE MADE THE PLAINTIFFS AGREED TO DISMISS ALL CLAIM WITH PREJUDICE AGAINST MR. MCLAIN.

According to a study prepared for the FINRA Investor Education Foundation, 80 percent of American investors report that they have been solicited to participate in a fraud scheme, while 11 percent of American investors report that they personally lost money as a result of fraud.

FINRA notes that the rate of investment fraud is most likely much higher than it is reported. This is because many victims of financial advisor scams are too ashamed to come forward. Further, the study also found that a significant number of investors do not know how to spot common red flags of investment fraud. The least you should do is share your experience with other potential victims of investment scams.

Previous Associations

Under federal securities law and securities industry regulations, registered investment firms have a legal duty to supervise their financial advisors. Section 15(b)(4)(E) of the Securities and Exchange Act of 1934 makes a securities firm liable for the conduct of representatives.

• GUGGENHEIM SECURITIES, LLC (CRD#: 40638) :: 2/25/2020 – 5/31/2022 :: NEW YORK, NY
• MIZUHO SECURITIES USA LLC (CRD#: 19647) :: 1/9/2017 – 1/10/2020 :: NEW YORK, NY
• LADENBURG THALMANN & CO. INC. (CRD#: 505) :: 9/22/2006 – 1/3/2017 :: NEW YORK, NY
• BROADWALL CAPITAL LLC (CRD#: 128800) :: 7/8/2005 – 9/25/2006 :: NEW YORK, NY
• EHRENKRANTZ KING NUSSBAUM, INC. (CRD#: 113525) :: 1/2/2003 – 8/3/2005 :: MELVILLE, NY
• LADENBURG, THALMANN & CO., INC. (CRD#: 505) :: 11/20/2002 – 1/9/2003 :: NEW YORK, NY
• LADENBURG CAPITAL MANAGEMENT INC. (CRD#: 14623) :: 10/31/2001 – 11/20/2002 :: BETHPAGE, NY
• LADENBURG, THALMANN & CO., INC. (CRD#: 505) :: 12/7/1998 – 3/22/2002 :: NEW YORK, NY
• TRADEWAY SECURITIES GROUP, INC. (CRD#: 29794) :: 8/18/1998 – 11/19/1998 :: CARLSBAD, CA
• BILTMORE SECURITIES, INC. (CRD#: 25023) :: 6/19/1997 – 7/30/1998 :: FT. LAUDERDALE, FL
• THE HAMILTON-SHEA GROUP, INC. (CRD#: 37526) :: 12/12/1996 – 6/26/1997 :: POMPANO BEACH, FL
• JOSEPH ROBERTS & CO., INC. (CRD#: 15971) :: 2/22/1994 – 10/16/1996 :: POMPANO BEACH, FL

The duty to supervise securities representatives is a strong legal requirement. Registered investment firms must take many different steps to ensure that they are protecting their customers from irresponsible and criminal financial advisors.

Legit or Not?

Unfortunately, stockbroker fraud is more common than many investors would like to think. And yes, stockbrokers (including Mark James Mclain, but not limited to)  can (and do) steal money from their clients. While it’s rare that a broker will literally steal his client’s money (though that does happen), typically the “theft” of investment funds comes in the form of other fraudulent violations of securities law and FINRA rules which leads to significant investment losses.

Investors generally understand that there are risks associated with buying and selling securities. The market can go up, and the market can go down. No matter how skilled of an investor you are, there are always risks. With that being said, sometimes investment losses cannot be blamed on simple back luck.

There are 10 major types of complaints we receive against Investment Brokers –

• Outright Theft (Conversion of Funds)
• Unauthorized Trading
• Misrepresentation or Omission of Material Facts
• Excessive Trading (Churning)
• Lack of Diversification
• Unsuitable Investment Recommendations
• Failure to Disclose a Personal Conflict of Interest
• Front Running of Transactions
• Breakpoint Sale Violations
• Negligent Portfolio Management

Do your due diligence before investing. Public records are available for everybody to review and decide on the safest bet. 

How to Protect Yourself

We, as citizens, place a great deal of trust in the financial advisors who are tasked with helping us achieve and maintain financial security. Most of the time financial advisors and stockbrokers are honest folks who work diligently in their client’s best interests. However, on occasion financial advisors and the brokerage firms who employ them mess up and cause serious financial harm to their clients. Sometimes these losses are caused by simple negligence. Other times fraud or other serious misconduct is to blame.

Here are 5 signs that your broker needs to be reported –

• Breach of Fiduciary Duty: Under the Investment Advisers Act of 1940, certain investment professionals, known as registered investment advisors (RIAs), owe fiduciary obligations to their customers. Your investment broker must always look out for your best interests. If you lost money because of your broker’s breach of fiduciary duty, you may be entitled to compensation for the full value of your damages.
• Unsuitable Investments: Many financial advisors are not fiduciaries. Instead, they are held to the suitability standard. These stockbrokers and financial advisors can only sell and recommend financial products that are appropriate for a customer’s unique investment profile. If you lost money in unsuitable investments, you should consider reporting them.
• Material Misrepresentations or Omissions: Brokers have a duty to make fair and honest representations to their clients. If they fail to do so, and an investor loses money due to a misrepresentation or a material omission, the broker may be liable for the investor’s losses.
• Lack of Diversification: Brokers must also act with the appropriate level of professional skill. Pushing a customer into over-concentrated investments is highly risky. Brokers can be held liable for losses sustained because of an investor’s inappropriate lack of diversification.
• Excessive Trading (Churning): Stockbrokers and financial advisors must have a well-grounded, reasonable basis to execute all trades. Unfortunately, there are cases in which brokers will frequently trade on a customer’s account, simply to increase their own fees. This unlawful practice is known as churning.
• Unauthorized Trading: Brokers must have the proper legal authority to make transactions on behalf of a client. If you lost money because your broker made trades that you never approved of, you may have been the victim of unauthorized trading. You should consult with an experienced attorney.

Report Mark Mclain

In order to prevail in an investment fraud lawsuit or FINRA arbitration cases, you must be able to assert a viable ‘cause of action’.

Mark James Mclain – and the firm that employs this broker – is regulated by the Financial Industry Regulatory Authority (FINRA). FINRA provides an online form to allow investors to file a formal complaint against their financial advisor, stockbroker, or brokerage firm.

Click here to go to FINRA’s Online Complaint Form →

This form will ask you for specific information related to your complaint. Be prepared by gathering the following:

• Name and symbol for the investment product in question.
• The CRD number (2429000) for the broker – Mark James Mclain
• Your complete contact information.

Remember, it is advised to report your broker to FINRA, only after you have exhausted all of your other remedies and carefully prepared a compelling complaint.  Once you file a complaint against your broker at FINRA, your case will be bound by FINRA’s rules and the arbitration panel’s eventual decision. The time clock will start, and your complaint will be served on your broker or broker-dealer.

The views and opinions expressed in these articles are those of the source BrokerComplaints.com and do not necessarily reflect the official position of ‘Ripoff Repairs LLC,’ which shall not be held liable for any inaccuracies presented. The information provided within this article is for general informational purposes only. While we try to keep the information up-to-date and correct, there are no representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information in this article for any purpose.

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