Articles Posted in Securities

Stoltmann Law Offices is pursuing investment losses for customers who were sold investments in Staffing 360. Staffing 360 Solutions, Inc. (“Staffing 360”) started as a scam, and still is nothing more. Originally, the company was “Golden Fork Corporation”, a South African catering company that was organized in the State of Nevada in December 22, 2009. In 2011, Golden Fork reported to the SEC that it did not have any revenue, yet for whatever reason, in February 2012, TRIG Special Purpose 1, LLC purchased Golden Fork, and the following month the company changed its name to “Staffing 360 Solutions”. According to its website, Staffing 360 acquires domestic and international staffing organizations in the United States and United Kingdom targeting the finance and accounting, administrative, engineering and IT industries. It became publicly traded on the NASDAQ on February 22, 2013, but continued to make private offerings. Staffing 360 made a nominal Form D private offering of $1.75 million in November 2013, with $1.35 million sold at the time. Accelerated Capital Group, which is now out of business, was the placement agent for Staffing 360’s private offerings. Even when it went public, Staffing 360 was already drowning in debt and continued to report a net loss each quarter.

As of November 30, 2013, Staffing 360 reported that it had accumulated $5.5 million in debt, had a working capital of negative $2.5 million, and reported a net loss of $1.8 million for the previous six-months. Its 10-Q report for the end of 2013 was essentially a cry for help, explaining the desperate need to raise money to keep the company viable. Staffing 360 continued to sell PIPE offerings and convertible bonds as a last-ditch effort to raise equity. It financials only got worse. By April 2014, Staffing 360 reported $7 million in debt, and negative $5.1 million in working capital. This means that within just months, Staffing 360’s negative working capital doubled and its debt increased by 50%. Brokers continued to sell Staffing 360 to their clients despite these horrific financials.

Staffing 360 is currently being publicly traded on the NASDAQ (STAF) for pennies. Clients who invested in Staffing 360 when it was a private investment have lost between 90% and 99% of their initial investment.

You can sue Wells Fargo Advisers for investment losses in Good Harbor Financial US Tactical Core and F Squared Investments AlphaSector Allocator Select. Wells Fargo invested clients into this fund, and the bank was sued in June of 2015 for violations of common law fraud, breach of fiduciary duty, negligence and negligent supervision. An arbitration claim has been filed in the Financial Industry Regulatory Authority (FINRA) forum. In an Order filed by the Securities and Exchange Commission (SEC) F Squared, beginning in September 2008, began receiving a signal indicating when to buy or sell an investment. These signals were based on an algorithm, which F Squared,and its President, Howard Present, used to create a portfolio model to track exchange‐traded funds (ETFs). They named the product “AlphaSector” and it quickly became the firm’s largest source of revenue.

Unfortunately, while marketing AlphaSector, the SEC alleged that F Squared falsely advertised the product. They based it on a seven year track record for investment strategy options, but in reality, the product did not even exist for those seven years. The data derived from it was through backtesting, which is the application of a quantitative model to historical market data to generate a hypothetical performance during a prior period. F Squared touted the product as “not backtested” in their marketing materials, which was clearly false. These false statements were made from September 2008 until September 2013.

Wells Fargo and its brokers, have a fiduciary duty to adequately disclose risks involved when recommending products to be sold to clients. They must performdue diligence on an investment to ensure that it is a sound investment and one that is suitable for the investor.  Often, retail clients portfolios were over-concetrated in F Squared related investments.   If they do not make suitable investments, they can be held responsible for investment losses in those products.

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