Leonid Yurovsky and ETFs
We are currently investigating allegations made against Leonid Yurovsky, a financial advisor from New York, New York. The Arkansas Securities Department brought a regulatory action against Leonid Yurovsky, alleging that he made excessive trades (or churned) a customer’s account, charging over $106,000 in commissions in a 19-month period from March 2011 to October 2012. Yurovsky was also alleged to have sold non-traditional (leveraged and inverse) ETFs to this customer and held the ETFs for more than one day. In particular, Yurovsky solicited his clients to invest in the ProShares Trust Ultrashort Fund. To settle these allegations, Yurovsky was ordered to settle with the customer and pay them $55,000.
Yurovsky was a financial advisor and registered representative of John Thomas Financial from September 2010 to June 2013. John Thomas Financial has gone out of business after facing numerous customer complaints and regulatory actions. Leonid Yurovsky is now a financial advisor with National Securities Corporation.
ETFs
ETFs (or Exchange Traded Funds) have become increasingly popular over the last 15 years. ETFs are typically used to track and replicate the performance of an index, such as the S&P 500, the Russell 2000, or the Dow Jones. ETFs are popular, because investors can invest in a basket of securities that provides diversification but with the simplicity of being a single stock.
In recent years, many companies have also created leveraged or inverse ETFs. Leveraged ETFs try to replicate the performance of a particular index, but attempt to replicate the performance by doubling or even tripling the index. As an example, the Proshares Ultra Russell 2000 ETF seeks to double the performance of the Russell 2000 Index. Inverse ETFs also try to replicate the opposite (or even multiple opposites) of a particular index. For example, Ultrashort QQQ Shares seeks a return of two times the inverse (-2x) of the daily performance of the NASDAQ-100 Index. Leveraged and inverse ETFs can be useful investment tools for investors seeking intra-day trading.
The regulators and others have long-warned the securities industry about the dangers of inverse and leveraged ETFs. These are designed to be day-trading vehicles, but often financial advisors recommend holding these ETFs in an investor’s accounts for weeks or even months.
FINRA, the Financial Industry Regulatory Authority, has stated that “inverse and leveraged ETFs that are reset daily typically are unsuitable for retail investors who plan to hold them for longer than one trading session, particularly in volatile markets.” See FINRA Regulatory Notice 09-31 at page 1. This Notice reminds members who sell these products to “make every effort to familiarize themselves with each customer’s financial situation, trading experience, and ability to meet the risks involved with such products and to make every effort to make customers aware of the pertinent information regarding the products.” Id. at 3, citing to NASD Notice To Members 05-26.
FINRA has punished other brokers and firms for using leveraged and inverse ETFs improperly. In an action against Michael Venable, FINRA barred a broker from the industry for using unsuitable leveraged and inverse ETFs with his clients. See In re Michael Douglas Venable. FINRA also fined Citigroup, Morgan Stanley, UBS, and Wells Fargo a combined $9.1 million for sales of inverse and leveraged ETFs, in May 2012.
Our attorneys have represented over one thousand investors who have been defrauded by their financial advisor or stockbroker. While we have offices in Denver and the Seattle area, we have also previously represented clients in Arkansas and throughout the country. If you have lost money with Leonid Yurovsky in leveraged or inverse ETFs, or because of excessive trading or churning, and want to hear about ALL legal options, please visit https://www.israelsneuman.com and go to our CONTACT page or call us at 720-599-3505.
Click to view Arkansas Consent Order: Yurovsky AR Consent