Napoli Bern Ripka Shkolnik LLP Files Arbitration Claim Against David Lerner Associates for the Sale of the Apple REITS

Arbitration Claim Against David Lerner

Napoli Bern Ripka Shkolnik LLP Files Arbitration Claim Against David Lerner Associates for the Sale of the Apple REITS

NEW YORK, Aug. 29, 2011 (GLOBE NEWSWIRE) -- Napoli Bern Ripka Shkolnik, LLP (NBRS) filed an arbitration claim on behalf of an elderly beneficiary of a trust against David Lerner Associates, Inc. ("David Lerner") for unsuitable recommendations, misrepresentations and other violations in connection with the Apple Real Estate Investment Trusts (REITs). Since 1992, David Lerner has earned nearly $600 million in commissions for selling the Apple REITs. NBRS is currently investigating Apple REIT Six, Apple REIT Seven, Apple REIT Eight, Apple REIT Nine and Apple REIT Ten, which almost exclusively invested in extended stay hotels. According to the complaint, the Apple REITs are alleged to be improperly valued and were sold to investors through misleading practices.

On May 27, 2011, FINRA's Department of Enforcement filed a complaint against David Lerner for the sale of the Apple REITs and alleged David Lerner targeted unsophisticated and elderly customers, recommended unsuitable investments without adequate due diligence, made material misrepresentations and omissions, and maintained unfair trade practices. According to FINRA's complaint, David Lerner priced the Apple REITs on client's statements at $11 per share despite major fluctuations in the commercial real estate market, net income declines, increased leverage through borrowings, and return of capital to investors through distributions. The beneficiary of the trust, like many other investors allegedly, was not made aware of these risks and now sues to recover the initial investment.

The law offices of Napoli Bern Ripka Shkolnik, LLP are available to represent defrauded David Lerner and Apple REIT investors. Napoli Bern Ripka Shkolnik, LLP attorneys have successfully represented thousands of investors in claims against their brokers and broker-dealers for claims, including suitability, misrepresentation and/or omissions, churning, negligence, breach of contract, breach of fiduciary duty, and other violations of the law. If you invested in:

Apple REIT 6

Apple REIT 7

Apple REIT 8

Apple REIT 9

Apple REIT 10

call Napoli Bern Ripka Shkolnik, LLP today for a free consultation.

 


Securities Lawsuits

The securities litigation and arbitration department at Napoli Bern Ripka Shkolnik, LLP investigates hundreds of securities and corporate related claims every year. NBR’s practice focuses on securities litigation and arbitration, whistle blower complaints, consumer fraud, employment related securities matters. Our substantial experience in the securities area is crucial in assisting our clients to navigate the industry’s numerous regulatory entities and laws to obtain the results you want.

The attorney’s in this department specialize in rooting out all kinds of financial industry and corporate abuses including fraud, conflicts of interest, and broker negligence. Widely known and highly respected, the law firm of Napoli Bern Ripka Shkolnik, LLP and its securities arbitration attorneys have handled hundreds of securities cases and recovered millions of dollars in settlements and awards for victims of fraud and misconduct.

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Cases and Settlements of Note

Securities Lawsuits & Settlements

  • Client v. McGinn Smith & Co.  The firm represented a retail customer of a registered broker-dealer in a fraud and self-dealing case.  Following a three-day arbitration, a panel of three arbitrators found McGinn Smith guilty of self-dealing and awarded our client his full out of pocket losses.
  • Client v. Financial Institution; The firm represented a retail customer who purchased Financial Institution’s bond funds from third party broker-dealer.  The Client alleged that Financial Institution misled investors and their brokers concerning the funds holdings.  After intense litigation, the chair rejected Financial Institution’s argument that those who relied on the firm’s representations contained in the prospectus and other materials disseminated by the firm did not have standing to hold the firm liable in FINRA and awarded the Client her full loss. 
  • Client v. UBS Financial Services Inc.  The firm represented a retail customer in the inappropriate purchase of a private placement that defaulted on its debt.  The Client argued that the purchase of the private placement violated the Investment Advisor Act of 1940’s “Qualified Purchaser” provision that was designed to protect consumers from investing in speculative investments.  The panel awarded the Client restitution with interest.
  • Platovsky v. City of New York.  The trial court’s order was affirmed in favor of our client, a litigation financial services company, finding that an arbitration clause in a litigation financing contract was effective against the contracting litigant despite collateral claims that the matter should remain in Supreme Court because the contracting litigant claimed that his trial attorney had been dismissed for cause. 

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