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Geneos Wealth Management Complaints: What Investors Need to Know About Fraud Allegations and Recovery Options

Securities Lawyer Jonathan Kurta
By: Jonathan Kurta Author

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Broker fraud may pass by unnoticed for months, only revealed when an investor questions trading activity or realizes unexpected losses. Fraudulent conduct can include negligent omissions, excessive trading, unsuitable investment recommendations, and full-on fraudulent schemes that may lead to a Geneos Wealth Management complaint.

When investors begin to suspect broker misconduct, they may not know where to turn. Geneos Wealth Management broker fraud investigations begin with a review of the investor’s account to evaluate these claims. An investment fraud lawyer can help you gather evidence for your claim and determine the best path to financial recovery in a Geneos Wealth Management lawsuit.

For many investors, FINRA arbitration is a successful avenue for resolution. FINRA Dispute Resolution Services facilitates arbitration in all 50 states, empowering investors to pursue claims of broker fraud and recover their losses tied to a Geneos Wealth Management complaint.

Kurta Law investment fraud lawyers have represented investors in arbitrations filed across the country. Our attorneys use their years of litigation experience to prove that brokers violated their obligations under securities law and advocate for our clients throughout the arbitration process.

If you suspect Geneos investment fraud contributed to your losses, contact Kurta Law today for a free case consultation with a securities fraud attorney or investment fraud lawyer.

Jonathan is a great attorney, who deserves five-plus stars. I cannot recommend him highly enough.
- Ken Chyten

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What Is Geneos Wealth Management Broker Fraud?

Geneos investment fraud is a term that encapsulates several legal theories when it comes to violations of securities regulations. It may be used to describe many forms of unethical and exploitative conduct in the financial industry.

Investors have filed claims against the firm alleging that the firm and its brokers have engaged in many forms of misconduct, including:

Brokers can take advantage of their clients in many ways, and broker fraud claims frequently involve allegations of multiple FINRA Rule violations.

Brokers may engage in fraudulent conduct for a variety of reasons, but typical motivations include:

  • Higher commissions
  • Compensation by third parties
  • Undisclosed conflicts of interest
  • Negligence

Many claims of broker misconduct result in a settlement. However, investors should be aware that previous arbitrations or settlements with the firm are not indicative of firm liability in cases of misconduct.

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Has Geneos Wealth Management Been Accused of Broker Fraud?

Geneos Wealth Management has been named in allegations of churning, unauthorized trading, unsuitable investment recommendations, and other misconduct. It has also been subject to regulatory actions such as fines by FINRA and the SEC.

However, previous allegations, settlements, or arbitration awards involving other investors are not evidence of wrongdoing by the firm. These actions may be referenced in a Geneos Wealth Management complaint or Geneos Wealth Management lawsuit, but do not prove liability in any individual case.

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High-Risk Investments & “Geneos Wealth Management Scam” Allegations

Investors who suffer financial harm due to high-risk investments may refer to their losses as a “Geneos Wealth Management Scam.”

Some investments are recognized by securities fraud attorneys as being especially high-risk:

  • Non-traditional exchange-traded funds (ETFs) may expose investors to excessive risk by shorting stocks (inverse ETFs) or borrowing money to invest (leveraged ETFs).
  • Variable annuities come with surrender charges, fees, and risks that make them unsuitable for many investors.
  • Business Development Companies (BDCs) lend funds to struggling companies. Their potential for high returns is undercut by their fees, volatility, and use of leverage.
  • Private placements are only available to sophisticated investors. These are not publicly traded and are not required to make the same disclosures as public investments, making them illiquid and difficult to research.

A securities fraud attorney may evaluate whether these products contributed to a Geneos Wealth Management complaint or Geneos Wealth Management lawsuit.

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Geneos Wealth Unsuitable Recommendation Claims

Unsuitable investment recommendations violate FINRA Rule 2111, which requires that brokers consult the information in an investor’s profile when recommending investments.

Brokers must take into account the following investor characteristics:

  • Age
  • Income
  • Net worth
  • Investment experience
  • Risk tolerance
  • Time horizon
  • Liquidity needs

Recommendations that fail to address these characteristics are not suitable for the investor. Unsuitable investments can lead to losses and set investors back in achieving their investment goals.

Investment fraud attorneys regularly take on cases of unsuitable investment recommendations involving:

  • Illiquid investments
  • High-risk investments
  • Complex investment vehicles
  • Investments with high fees
  • Aggressive margin use

The suitability obligation also applies to investment strategies. For example, a complex options trading strategy would be unsuitable for an unsophisticated investor. Similarly, individual investments may be suitable, but add up to an overly risky strategy. We’ll discuss that further in the churning section below.

Cases involving unsuitable investment recommendations frequently overlap with other allegations of misconduct. For example, brokers may attempt to cover up unsuitable recommendations by misrepresenting their risks.

While other investors’ allegations don’t constitute proof of firm liability, arbitrators may consider your broker’s activity in other clients’ accounts when evaluating Geneos Wealth Management investment fraud claims. An investment fraud lawyer can also review whether the facts support a Geneos Wealth Management lawsuit.

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Geneos Wealth Management Churning Allegations

Churning is one of the most common forms of broker misconduct. Also known as excessive trading, churning involves rapid in-and-out trading of securities to generate commissions for the broker.

Because excessive trading also generates high trading fees that can severely reduce the investor’s profits, churning is a violation of the suitability requirements of FINRA Rule 2111.

When broker fraud attorneys evaluate Geneos Wealth Management churning claims, they consider the following:

  • Cost-to-equity ratio
  • Commission-to-account-value ratio
  • Turnover rate
  • Average holding period
  • Suitability for client’s financial goals

An investor’s financial situation provides arbitrators with context for these statistics. Consider a retired client who has a low risk tolerance and an investment goal of regular income. Trading that produces a high cost-to-equity ratio and turnover rate violates the investor’s stated goal by reducing their profits.

In some churning cases, the firm may be liable for its broker’s conduct under FINRA Rule 3110. A Geneos Wealth Management complaint involving excessive trading may also support a Geneos Wealth Management lawsuit. We’ll dig into failure to supervise in a later section.

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Geneos Wealth Management Unauthorized Trading Claims

Unauthorized trading is prohibited by FINRA Rule 3260, which limits brokers’ use of discretion in client accounts. Brokers must receive prior written authorization from investors before executing trades.

Geneos Wealth Management unauthorized trading claims may involve:

  • Trades placed without discussion with investor
  • Trades placed when client was unavailable
  • Unapproved material changes in strategy
  • Trades inconsistent with the investor’s risk tolerance

In arbitration, brokers may claim that investors consented to transactions implicitly, verbally, or after trades were executed. These forms of authorization still violate the requirements of FINRA Rule 3260.

You may have an unauthorized trading claim even if your account is discretionary. FINRA Rule 3260 prohibits excessive trading in discretionary accounts, and brokers must also follow the suitability obligations of FINRA Rule 2111.

Brokers may attempt to disguise unauthorized trading through misrepresentations or omissions of fact, fabrications of documents like account statements, or through other forms of misconduct. An investment fraud lawyer can review whether unauthorized trading supports a Geneos Wealth Management complaint.

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Claims of Geneos Wealth Management Misrepresentation

Without a clear understanding of the facts, investors can’t make balanced decisions about investments. Misrepresentations and omissions of material fact violate FINRA Rule 2020, which prohibits manipulative and deceptive tactics in the financial industry.

Material facts about investments include:

  • Fees, surrender charges, and other costs
  • Risks and potential returns
  • Tax liability
  • Trading strategies

Brokers engaging in Geneos investment fraud often make misrepresentations and omissions to cover up other misconduct, like unsuitable investment recommendations, churning, or unauthorized trading.

Our page on Geneos Wealth Management misrepresentation claims explains this type of broker fraud in more detail. A securities fraud attorney may evaluate whether misrepresentation supports a Geneos Wealth Management lawsuit.

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Overconcentration & Geneos Wealth Management Advisor Fraud

Overconcentration violates the suitability obligation of FINRA Rule 2111 by exposing investors to excessive risk. For most investors, a healthy degree of diversification is the best way to reduce the risks inherent to investing.

Investors may be overconcentrated in one asset, sector, or geographic region. For example, investors may be overconcentrated in stocks through individual companies and exchange-traded funds (ETFs).

Failure to diversify can lead to severe losses for investors. Changes in industry regulations, ecological disasters, and geopolitical conflicts can cause correlated investments to drop in value.

Our page on Geneos Wealth Management overconcentration claims goes into more detail on how overconcentration occurs. An overconcentration claim may also appear in a Geneos Wealth Management complaint.

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Failure to Supervise Under FINRA Rule 3110

If firms fail to adequately supervise their brokers, investors can bring claims against them under FINRA Rule 3110.

Firms have three core supervisory obligations under FINRA Rule 3110:

  • Establishing a system of supervision
  • Enforcing this system effectively
  • Appointing appropriately trained or experienced supervisors

Failing to comply with any of these obligations opens the firm up to liability in cases of Geneos investment fraud. Firms’ supervisory systems must be reasonably designed to identify and address signs of fraudulent conduct by their brokers to protect their investors.

Firms typically monitor investors’ accounts for red flags such as:

  • High volume trading with low holding periods
  • Recommendations of high-commission investments
  • High trading fees and commissions compared to account value
  • Aggressive margin recommendations
  • Patterns of customer complaints

Investors do not need to prove that Geneos Wealth Management had intent to cause harm when making claims of failure to supervise. Negligent supervision qualifies as a violation of FINRA Rule 3110.

If you suspect that the firm failed to adequately supervise your broker, reach out to an investment fraud attorney. They can conduct a structured review of your account to identify signs of misconduct. A securities fraud attorney can also evaluate whether supervision failures support a Geneos Wealth Management lawsuit.

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How Does FINRA Arbitration Differ from Civil Court?

Brokerage firms frequently add a clause to their account opening agreements that requires investors to seek out FINRA arbitration when they have a claim of broker fraud.

FINRA arbitration differs from civil court in a few major ways:

  • Typically resolves claims in 12 to 18 months
  • Evidence is presented to arbitration panel
  • No jury
  • Limited discovery
  • Very limited appeals

Similar to a civil proceeding, FINRA arbitration results in legally binding agreement between parties. The FINRA Arbitration Awards Database allows investors to see past public arbitration awards.

While FINRA arbitration is overall a quicker and more streamlined alternative to civil court, the process can still be confusing to investors. Stockbroker fraud attorneys assist investors in gathering evidence, filing their claim, and representing their best interests in arbitration. A Geneos Wealth Management lawsuit will often proceed through FINRA arbitration rather than civil court.

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How Geneos Wealth Management Arbitrations Work

Investors can generally expect claims taken through FINRA arbitration to resolve in 12 to 18 months. More complicated cases may take longer to resolve, but the arbitration process provides a consistent structure for resolving claims:

  1. Filing Statement of Claim: Your Statement of Claim describes the alleged misconduct and relevant FINRA Rules. This is also where you’ll state your requested damages.
  2. Firm Response: Your broker and Geneos Wealth Management address your allegations in an Answer to your Statement of Claim, which outlines their defenses against your claim. Firms typically respond within 45 days of claim filing.
  3. Arbitrator Selection: FINRA provides lists of approved arbitrators to both parties, who select either one or three arbitrators. This process generally takes about 1-2 months.
  4. Document Exchange: Both parties exchange documents pertinent to the case, such as broker-investor communications, trade confirmations, and other materials. Discovery can take about 6-9 months.
  5. Hearing: Unless the firm offers a settlement and you accept, your case will progress to the hearing. Each side can present evidence and call on expert witnesses to provide testimony. Hearings typically occur 12-18 months after claim filing.
  6. Arbitration Award: Within 30 days following your hearing, the arbitration panel will issue an award. This agreement is legally binding and enforceable.

An investment fraud lawyer can explain how each stage may apply to your Geneos Wealth Management complaint.

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When Do Geneos Wealth Management Settlements Occur?

Geneos Wealth Management may make a settlement offer during the arbitration process. This can occur all the way up to or even during the hearing. Accepting a settlement will resolve your claim and end arbitration.

Firms use several factors when offering settlements:

  • Damage calculations in Statement of Claim
  • Strength of supporting documentation
  • Credibility of expert witnesses
  • Firm liability under FINRA Rule 3110
  • Potential negative press

You aren’t required to accept a settlement offer, and can choose to continue with arbitration. A securities broker can evaluate your settlement offer and potentially negotiate a superior settlement with the firm.

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How a Kurta Law Attorney Can Help

FINRA arbitration has a relatively simpler process than civil court, investors still benefit from knowledgeable representation to protect their interests. Firms always come prepared to defend their brokers against claims of misconduct. A stockbroker fraud attorney can level the playing field.

Here are a few ways Kurta Law attorneys advocate for our clients.

Structured Case Review

Your evidence forms the foundation of your case, so a thorough examination of your account is the first step. Our attorneys pore over account documents like monthly statements, investment prospectuses, broker communications, and other materials to reveal patterns of misconduct.

Persuasive Presentation of Evidence

In arbitration, your stockbroker fraud attorney will present your evidence in a logical way that illustrates the relationship between your broker’s conduct and your losses. The combination of your paper trail and testimony from expert witnesses can create a strong narrative that supports your fraud claim.

Negotiating Settlements

During the arbitration process, Geneos Wealth Management may make settlement offers. An investment fraud attorney can evaluate how the firm’s offer compares to your requested damages, and negotiate a settlement that addresses your losses more fully. A securities fraud attorney can also help you decide whether a settlement or a final hearing is the better option for your Geneos Wealth Management lawsuit.

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How Arbitrators Calculate Damages

After your hearing, the arbitration panel issues an award. They typically choose to grant full or partial damages. In rare cases, claims may be denied entirely.

When deciding awards, arbitrators may use a combination of damage models, such as:

  • Out-of-pocket losses
  • Broker commissions and trading fees
  • Margin costs
  • Market-adjusted damages
  • Benchmark performance

The leverage involved in margin trading amplifies investors’ risks and losses, and also accrues interest. Arbitrators may take these factors into account when evaluating cases involving margin.

Market-adjusted damages consider how your portfolio would have performed in the absence of broker misconduct. This model may be used in cases involving churning and unsuitable trading strategies.

Similarly, arbitrators may make use of benchmarks to evaluate the performance of your investments against market indexes like the S&P 500. Damage calculations may shape both a Geneos Wealth Management complaint and a Geneos Wealth Management lawsuit.

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Time Limits Under FINRA Rule 12206

Generally, FINRA Rule 12206 requires investors to file claims within six years of misconduct occurring. There are some exceptions to this rule, but it’s best for investors to seek out the services of a stockbroker fraud attorney as soon as they suspect broker misconduct.

An investment fraud lawyer can help evaluate filing deadlines tied to a Geneos Wealth Management complaint.

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Frequently Asked Questions About Geneos Wealth Management Broker Fraud

Can I sue Geneos Wealth Management for broker fraud?

Most brokerage firms require investors to take their fraud claims through FINRA arbitration, a process that generally provides resolution in 12 to 18 months. A securities fraud attorney can help evaluate whether your facts support a Geneos Wealth Management lawsuit.

What is the first step in evaluating a Geneos Wealth Management broker fraud claim?

A securities fraud attorney can evaluate broker fraud claims through a structured case review. Stockbroker fraud lawyers can identify patterns of misconduct in trading records and other account documentation that can be used to support your claim.

What qualifies as Geneos Wealth Management advisor fraud?

Misconduct such as misrepresentations or omissions, overconcentration, or unauthorized trading can all qualify as Geneos Wealth Management advisor fraud.

What is churning?

Also called excessive trading, churning is a pattern of unsuitable trading that generates commissions for the broker and trading fees that cut into the client’s profits.

What is unauthorized trading?

Brokers execute unauthorized trades when they exercise their discretion beyond what their client approved.

What is failure to supervise?

Failure to supervise is the violation of FINRA Rule 3110 by failing to create and enforce an adequate system of supervision to catch red flags of broker fraud.

Does Geneos Wealth Management have responsibility if a broker acted alone?

In some cases, the firm may be considered liable for broker misconduct if it failed to supervise under FINRA Rule 3110. Previous arbitrations and settlements involving other investors do not indicate firm liability.

What if I signed paperwork I didn’t fully understand?

You may still have a case even if you agreed to certain investments, trades, or strategies. Arbitration panels look at the context around your losses, including risk disclosures, trading records, and the information in your profile.

Can I bring a claim if my account was discretionary?

Possibly. Discretionary accounts can still be churned or mismanaged by unscrupulous brokers.

What if Geneos Wealth Management argues that market volatility caused the losses?

Firms often argue market volatility caused investor losses. Arbitrators consider the facts of your account, including your risk tolerance, net worth, and what disclosures were provided by your broker.

Has Geneos Wealth Management settled investor claims?

Yes, investors have received settlements from Geneos Wealth Management. You can review complaints on our blog (/geneos-wealth-management-complaints) and read publicly accessible arbitration awards at the FINRA Award Database. However, these settlements are not indicative of firm liability.

What is a Geneos Wealth Management settlement?

This refers to the negotiated resolution of a broker fraud claim.

How long does FINRA arbitration take?

Claims taken through FINRA arbitration typically reach resolution in 12 to 18 months. More complicated cases may take longer to resolve.

How long do I have to file a complaint?

Under FINRA Rule 12206, most investors must file claims against their brokers within six years of the allegations occurring. It’s best to seek out an investment fraud lawyer if you believe your broker is implicated in your losses.

What evidence strengthens an investment claim?

Broker fraud claims can be supported by thorough documentation, including broker communications, risk disclosures, account records, and the information in the investor’s profile.

What damages may be recovered from broker fraud?

Arbitration panels may award compensatory damages and interest, as well as additional damages in special circumstances.

Does calling something a Geneos Wealth Management scam mean fraud occurred?

Using the term “Geneos Wealth Management scam” doesn’t indicate fraud in a legal sense, but is often used to refer to broker misconduct in general. This can include excessive trading, unsuitable investment recommendations, or overconcentration.

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Contact Kurta Law

If you believe your losses Geneos I fraud, reach out to a stockbroker fraud lawyer as soon as possible. The attorneys at Kurta Law have won settlements for investors in diverse cases of misconduct involving a wide array of investment vehicles.

A securities fraud attorney or investment fraud lawyer at Kurta Law can review your Geneos Wealth Management complaint or Geneos Wealth Management lawsuit and help you understand your next steps.

Contact Kurta Law today for a free and confidential case evaluation and learn about your next steps to recovery.