Aegis Capital Financial Advisor, James Mariani, Has Pending Customer Complaint For Breach Of Fiduciary Duty

The Wolper Law Firm is currently investigating claims against James Mariani, a Financial Advisor at Aegis Capital in Bayside, New York.  James Mariani has been in the securities industry since 1998 and worked at National Securities Corp. until September 2017.

According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in April 2018, a customer alleged “unsuitability, breach of fiduciary duty, negligence.”  The alleged damages are $432,020 and the matter remains pending.

James Mariani has several other customer complaints against him, including the following:

• November 2011—Customer alleged “poor advice/poor recommendation.” Alleged damages are $100,000.
• April 2009—Customer alleged “fraud, breach of contract, excessive trading, unsuitability, and negligence.” The matter was settled for $150,000.
• December 2008—Customer alleged “fraud and deceit, breach of fiduciary duty, breach of contract and negligence…” Alleged damages were $442,000.

In 2005, FINRA sanctioned James Mariani for engaging in mutual fund switching, which refers to the practice of short term purchases/sales of mutual funds in different fund families for the purpose of generating commissions.  James Mariani was suspended and fined.

To review the entire disclosure history for James Mariani, click https://brokercheck.finra.org/individual/summary/2932631#disclosuresSection.

Financial advisors have a legal and regulatory obligation to recommend only suitable investments that are appropriate for their clients’ needs and objectives.  Their employing brokerage firm has a legal and regulatory obligation to supervise the Financial Advisors’ sales practices and dealings with clients.  To the extent any of these duties are breached, the customer may be entitled to a recovery of his or her investment losses.

If you or someone you know was a customer of James Mariani and you experienced investment losses, please contact the Wolper Law Firm at 800.931.8452 or by email at mwolper@wolperlawfirm.com to discuss your specific situation and the legal options available.  The Wolper Law Firm represents investors nationwide in securities litigation and arbitration.

Matt Wolper, the Managing Principal of the Wolper Law Firm, is a trial lawyer who has handled hundreds of securities cases during his career involving a wide range of products, strategies and securities.  Prior to representing investors, he was a partner with a national law firm, where he represented some of the largest banks and brokerage firms in the world in securities matters.