- August 6, 2020
- Lincoln Financial Securities Corp
Barry Horowitz (CRD # 2651525) was a Financial Advisor at Lincoln Financial Securities Corporation, in Glastonbury, CT. Barry Horowitz has been in the securities industry since 1995.
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in May 2019 and June 2020, Barry Horowitz has been the subject of two (2) customer complaints, alleging sales practice misconduct—both relating to the sale of promissory notes:
• June 2020—”Claimants allege that former LFS Registered Representative Barry Horowitz improperly referred Claimants to an individual who was a known fraudster and who solicited Claimants into purchasing a promissory note. Claimants allege total damages in excess of $999,999.”
• May 2019—”Claimants allege that former LFS Registered Representative Barry Horowitz improperly referred Claimants to an individual who was a know fraudster and who solicited Claimants into purchasing a promissory note. Claimants allege total damages in excess of 2.4 million.” The matter settled for $1,200,000.00.
Investing in promissory notes are high risk transactions with very little transparency. Investors provide their own capital with the hope and expectation of high investment returns. Often times, the promissory notes are for long durations and, accordingly, are deemed securities under federal and state laws. Most brokerage firms prohibit a Financial Advisor from selling promissory notes to customers because of the lack of transparency, liquidity and high risk associated with the investments.
For a copy of Barry Horowitz’s CRD, click https://brokercheck.finra.org/individual/summary/2651525#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.
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:
• Other investments
• Financial situation and needs
• Tax status
• Investment objectives
• Time horizon
• Liquidity needs
• Risk tolerance
• Any other information disclosed by the customer
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.