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Triad Advisors Loss Recovery for Supervisory Failures related to LJM Investors 80% Loss of Investment

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Updated on: January 20, 2022

National investment fraud lawyers KlaymanToskes is investigating Triad Advisors loss recovery in light of FINRA’s sanctions against the firm relating to supervisory failures involving investment losses associated with an alternative mutual fund, the LJM Preservation & Growth Fund (“LJM”). The ticker symbols for the fund were LJMIX, LJMCX, and LJMAX.

What is an Alternative Mutual Fund? 

Alternative mutual fund is a publicly offered, SEC-registered fund that use investment strategies that differ from a buy-and-hold strategy typical in the mutual fund industry. Unlike more traditional mutual funds, alternative funds generally hold more non-traditional investments and employs more complex trading strategies. Alternative mutual funds purportedly: 

  • Reduce volatility
  • Increase diversification, and 
  • Produce non-correlated returns and higher yields compared to traditional long-only equity and fixed-income funds, all while offering daily liquidity.

Alternative Mutual Funds Have Unique Characteristics and Risks 

Alternative Mutual Funds like LJM are complex products that contain unique features and risks. As described the SEC in its 2017 Investor Bulletin, those include:

  • Investment Objectives:  Alternative mutual funds include a wide range of investment objectives designed to meet various investment needs.  Many alt funds try to minimize swings in the value of their investments and reduce risks by spreading their investments among different asset types and/or using complex trading strategies.  Some alt funds seek to generate above-market returns relative to other mutual funds that have a similar benchmark.  
  • Investments:  Unlike traditional mutual funds, alt funds often seek to accomplish their investment objectives by investing in non-traditional investments.  For example, alt funds might invest in assets such as global real estate, start-up companies, or commodities such as gold or oil.  These investments can sometimes offer greater diversification or different returns than more traditional investments such as stocks, bonds, and cash.
  • Strategies:  Alt funds generally use more complex investment and trading strategies than more traditional mutual funds.  For example, alt funds may sell stocks short, use derivatives, or follow “absolute return” or “market neutral” strategies that seek positive returns even when the stock markets fall.  However, these strategies may result in higher costs and additional risks than traditionally managed funds. 

What was LJM Preservation & Growth Fund?

According to FINRA Letter of Acceptance, Waiver and Consent, LJM was launched on January 9, 2013. The fund sought to profit from the “volatility premium” which is the difference between implied volatility (investors’ forecast of market volatility reflected in options pricing) and realized (actual) market volatility. To achieve its objective, LJM invested primarily purchased long and sold short calls and put options on the S&P 500 futures index. LJM did not hold any underlying stock.

Per FINRA, in July 2017, Morningstar issued a Fund Report for LJM that described the fund as “[a]n aggressive option seller with above-average returns and low correlation with equity markets, but high risk.” The Report further stated that “[t]he strategy is structured to generate high income but is relatively aggressive and exposed to a steep rise in equity volatility. Even though these volatility spikes and periods of heightened uncertainty are infrequent, they could have significant, negative impact on this fund’s future performance.”

Triad Advisors Failed to Supervise Alternative Mutual Fund Recommendations

FINRA identified several supervisory failures related to the fiduciary negligence of alternative mutual funds ranging from September to February 2018. These include:

  • Triad had no system or procedures to determine whether a new mutual fund constituted a “complex product” or was an alternative mutual fund before their representatives sold it. 
  • Triad did not conduct any due diligence of mutual funds added to its platform by its clearing house.
  • Triad did not provide reasonable guidance or training to representatives regarding the risks and features of the complex products. 
  • Triad did not have written supervisory procedures advising firm principals how to supervise recommendations resulting in mismanagement of alternative mutual funds.
  • Triad’s LJM transactions were generally not identified for additional suitability review in its electronic trade review system. 
  • Triad did not impose any limitations on the sale of LJM.
  • Triad conducted no review of LJM or its investment and trading strategy before adding it to the firm’s trading platform leading to investment losses.

Moreover from March 27, 2014 to January 1, 2019, Triad failed to obtain required account information for customers who purchased the private offerings of LJM Partners, Ltd. and LJM Preservation & Growth Fund LP (“LJM Private Offerings”)

LJM Liquidates, Dissolves after 80% Loss of Value

In early February 2018, LJM lost about 80% of its value. Its loss in value coincided with the S&P 500’s tumble, which contributed to an unprecedented increase in market volatility thereby increasing the prices of the short option positions dramatically. 

In late March 2018, LJM was liquidated and dissolved. Investors who held shares as of February 6, 2018 lost approximately 80% of their investment. 

Triad sold $2,267,000 in LJM to fifty-eight customers.

Triad Fined $195,000, Ordered to Pay Restitution

According to a Letter of Acceptance, Waiver and Consent, Triad consented to sanctions for the alleged LJM mutual fund supervisory failure tied to investor losses. Specifically, Triad consent to a censure, $195,000 fine, over $500,000 in restitution plus interest, and a certification that Triad has established and implemented policies, procedures and internal controls reasonably designed to address and remediate their issues.

What is a Letter of Acceptance, Waiver and Consent?

If FINRA’s Department of Enforcement has reason to believe a violation has occurred and the FINRA member does not dispute the violation, FINRA’s Department of Enforcement may prepare and request that the member:

  • execute a letter accepting a finding of violation
  • consent to the imposition of sanctions, and
  • agree to waive such member’s or associated person’s right to a hearing before a Hearing Panel or, if applicable, an Extended Hearing Panel, and any right of appeal to the National Adjudicatory Council, the SEC, and the courts, or to otherwise challenge the validity of the letter, if the letter is accepted. 

Triad executed a Letter of Acceptance, Waiver and Consent for this matter in December 2021. This letter describes the act or practice engaged in or omitted, the rule, regulation, or statutory provision violated, and the sanction or sanctions to be imposed. 

What to Consider Before Investing in Alternative Mutual Funds

FINRA’s Investor Alert provides several points to keep in mind before investing in an alternative mutual fund, such as the Fund’s:

  • Investment Structure
  • Strategy Risk Factors
  • Investment Objectives
  • Operating Expenses
  • Fund Manager
  • Performance History

Triad Advisors Loss Recovery for Triad LJM Preservation & Growth Fund 

Former and current customers of Triad with mutual fund investment losses in excess of $250,000 resulting from holding LJM on February 6, 2018, and those who have information relating to the sales practices of Triad Advisors and alternative mutual funds, are encouraged to contact Lawrence L. Klayman, Esq. at (561) 542-5131, and download our Special Investor Report.

About Us

KlaymanToskes is a leading national securities law firm, specializing in investment loss recovery, which practices exclusively in the field of securities arbitration on behalf of retail and institutional investors throughout the world in large and complex securities matters. KlaymanToskes has recovered more than $250 million for investors in FINRA arbitrations. KlaymanToskes has office locations in California, Florida, New York, and Puerto Rico.

Contact

KlaymanToskes
Lawrence L. Klayman, Esq.
(561) 542-5131
lklayman@klaymantoskes.com
www.klaymantoskes.com