- April 17, 2023
- Excel Wealth Management
Duane Pellman (CRD#: 2426979) is a previously registered Broker and previously registered Investment Advisor.
He entered the securities industry in 1999 and previously worked for Intercarolina Financial Services, Inc.; Principal Securities, Inc.; WR Rice Financial Services, Inc.; GWN Securities, Inc.; Lincoln Investment; Waddell & Reed, Inc.; and Dean Witter Reynolds, Inc.
Current And Past Allegations Of Conduct Leading To Investment Loss
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in February 2023, Duane Pellman was permitted to resign from Excel Wealth Management, LLC. The allegation states, “Mr. Pellman was permitted to resign after suitability based concerns were discovered surrounding the investment management of client assets. After the discovery of the loss of investment, individual sought to recoup the losses by investing in additional speculative investments, resulting in larger losses.”
In addition, Duane Pellman has been the subject of one customer complaint, including the following:
- September 2016 — “Customer asked current registered representative, in writing, if there is a way to retrieve the money Pellman took from him.” The customer dispute was closed with no action.
For a copy of Duane Pellman’s FINRA BrokerCheck, click here.
We Help Investors Recover Investment Losses
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.
Reasonable basis suitability requires that a recommended investment or investment strategy be suitable or appropriate for at least some investors. Reasonable basis suitability requires an advisor to conduct adequate due diligence so that he or she can determine the risks and rewards of the investment or investment strategy.
Quantitative suitability requires a brokerage firm or financial advisor with actual or de facto control over a customer’s account to have a reasonable basis for believing that a series of recommended transactions – even if suitable when viewed in isolation – is not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. No single test defines excessive activity, but factors such as the turnover rate, the cost-equity ratio, and the use of in-and-out trading in a customer’s account may provide a basis for a finding that a member or associated person has violated the quantitative suitability obligation.
Customer-specific suitability requires that a member or associated person have a reasonable basis to believe that the recommendation is suitable for a particular customer based on that customer’s investment profile. Among the criteria that a financial advisor must evaluate to satisfy his or her customer-specific suitability obligations include the investor’s age, tax status, time horizon, liquidity needs, and risk tolerance; a client’s other investments, financial situation and needs, investment objectives, and any other information disclosed by the customer should also be considered.
The Wolper Law Firm, P.A. represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, P.A., 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. We can be reached at (800) 931-8452 or by email at firstname.lastname@example.org.