Arkadios Capital Broker and Investment Adviser Ronald York Jr. Under Investigation For Unsuitable Alternative Investment and Private Placement Recommendations FINRA Complaints
Our firm is investigating Arkadios Capital broker and investment adviser Ronald N. York Jr. (CRD# 4308987) of Wall, New Jersey for potential investment-related misconduct involving allegedly unsuitable alternative investments and private placement recommendations. Financial Advisor’s Career History Ronald N. York Jr. (CRD# 4308987) is currently registered as a broker with Arkadios Capital (CRD# 282710) and as an investment adviser representative with Arkadios Wealth Advisors (CRD# 288863). He has been associated with both firms since April 30, 2019, and works from a branch office located at 4814 Outlook Drive, Suite 104, Wall, New Jersey. York has spent his career in the securities industry working for a series of national and regional firms, including: York has passed the Securities Industry Essentials (SIE) exam, the Series 7 General Securities Representative exam, the NYSE Series 21 and 25 exams, and the Series 63 and 65 state law exams. He is currently licensed in numerous U.S. states and the District of Columbia through his Arkadios affiliations. In addition to his securities work, York has disclosed several other business activities, including a financial planning partnership (Foresight Financial Partners) in Wall, New Jersey, rental real estate in New Jersey, an insurance business, and a real estate consulting and management business. Ronald N. York Jr. Fraud Allegations and Investor Complaints Explained According to York’s publicly available FINRA BrokerCheck report, there are two investment-related customer disputes disclosed involving allegations of unsuitable recommendations in alternative investments and private placements—one settled and one pending. These customer disputes involve: FINRA and BrokerCheck emphasize that customer complaints and arbitration claims contain allegations only. They may be contested and can be resolved in favor of the broker or firm, or settled for business reasons without any admission of wrongdoing. 1. 2015 GPB Holdings Unsuitability Allegation – FINRA Arbitration, Settled One customer dispute reported on York’s record involves a claim tied to a 2015 investment in GPB Holdings, a high-risk, illiquid private offering structured as a DPP/LP interest. The client alleged that the recommendation was unsuitable in light of her investment profile. Key details from the disclosure include: In his BrokerCheck “Broker Statement,” York disputes the customer’s allegations, asserting that the client was an educated, experienced, accredited investor who understood the risks and had made numerous investments through the firm, several of which carried risk. 2. 2022 DST Private Placement Unsuitability Allegation – FINRA Arbitration, Pending A second customer dispute on York’s record is currently pending and involves a private placement structured as a Delaware Statutory Trust (DST). The claim arises from a transaction that allegedly occurred on or about February 1, 2022, while York was registered with Arkadios Capital. Key details include: Because this dispute is still pending, no findings have been made and no decision has been reached regarding the customer’s claims. Summary of Customer Disclosures For ease of reference, the customer dispute disclosures involving Ronald N. York Jr. can be summarized as follows: At this time, York’s BrokerCheck report reflects customer dispute disclosures only, and does not list any regulatory actions, criminal matters, terminations for cause, or separate financial event disclosures. In reviewing these complaints, our firm is focused on whether York and his firms properly evaluated each customer’s risk tolerance, financial objectives, investment experience, and need for liquidity before recommending high-risk, illiquid alternative investments such as GPB Holdings and DST private placements. To obtain a copy of Ronald N. York Jr.’s FINRA BrokerCheck report, visit this link. Robert Wayne Pearce Is Committed to Recovering Your Investment Losses Detailing what FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) requires is also critical to understanding the standards that apply to York and his firms. Rule 2010 is a broad, catch-all provision that requires brokers and associated persons to “observe high standards of commercial honor and just and equitable principles of trade” in the conduct of their business. In practice, FINRA frequently charges Rule 2010 in conjunction with more specific rules. If a broker engages in unsuitable recommendations, fails to conduct adequate due diligence on offerings such as GPB or DST private placements, or disregards firm procedures designed to protect customers, FINRA can characterize that conduct as inconsistent with the high standards of commercial honor codified in Rule 2010. A finding that York or his firm placed their own financial interests—such as high commissions on alternative investments—ahead of customers’ best interests could therefore be viewed as a violation of Rule 2010, even if no separate fraud charge is brought. As applied to the complaints described above, if it were proven that York recommended high-commission, speculative products without regard to the customers’ true needs or risk tolerances, regulators or arbitrators could conclude that such conduct violated both the suitability standard (Rule 2111) and the broader fair-dealing obligations of Rule 2010. Finally, understanding FINRA Rule 2020 (Use of Manipulative, Deceptive or Other Fraudulent Devices) helps explain how misrepresentations and omissions can factor into investor claims involving private placements. Rule 2020 prohibits brokers from effecting transactions in, or inducing the purchase or sale of, any security by means of any manipulative, deceptive, or fraudulent device or contrivance. In many alternative investment and private placement cases, investors allege not only that the recommendations were unsuitable, but also that the broker misrepresented the risks, overstated the safety or income potential, or failed to disclose material facts about the issuer’s financial condition, conflicts of interest, fees, or liquidity constraints. If, for example, a customer was told that a GPB or DST investment was “safe,” “income-producing,” or “similar to a bond,” while the broker downplayed the possibility of substantial loss of principal or the inability to easily sell the investment, such misstatements or omissions could be characterized as deceptive conduct in violation of Rule 2020. In the complaints involving York, to the extent investors claim that critical facts about the GPB Holdings investment or the DST private placement were not fully explained—or that the risks were minimized in order to induce them to invest—those allegations may form the basis of a Rule 2020 theory in addition to suitability...
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