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Drive Planning, LLC (Ponzi Scheme): Investor Loss Investigation

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Updated on: August 16, 2024

National investment loss lawyers KlaymanToskes is investigating brokerage firms and financial advisors who unsuitably recommended investments issued by Drive Planning, LLC to their customers. Our law firm believes many investors may have been misled regarding the risks and liquidity issues associated with Drive Planning’s real estate investment offerings, following allegations that the company operated as a ponzi scheme.

The Securities and Exchange Commission (“SEC”) recently charged Drive Planning, LLC, and its founder, Russell Todd Burkhalter, with orchestrating a $300 million Ponzi scheme that defrauded over 2,000 investors. According to the SEC’s complaint, filed in the U.S. District Court for the Northern District of Georgia, Drive Planning and Burkhalter lured investors with promises of lucrative returns through purported real estate investments, which in reality were unregistered securities in the form of Real Estate Acceleration Loans (REAL). 

The SEC alleges that Burkhalter allegedly used new investor funds to pay earlier investors, and used investor funds to finance his own extravagant lifestyle, including purchasing a multimillion-dollar yacht, luxury cars, and private jets. The SEC has secured emergency relief measures, including an asset freeze and the appointment of a receiver to oversee Drive Planning’s assets. 

If your financial advisor recommended Drive Planning investments based on your investment profile, or disregarded your risk-tolerance when making investment recommendations, you may be entitled to a financial recovery through FINRA arbitration.

If you suffered losses in Drive Planning investment offerings, contact securities attorney Steven D. Toskes to discuss your recovery options at (888) 997-9956 or investigations@klaymantoskes.com for a free and confidential consultation. We do not collect attorney’s fees unless we are able to obtain a financial recovery for you.

Investment Losses in Drive Planning, LLC?

Investment Losses in Drive Planning, LLC?

Contact KlaymanToskes

What is Drive Planning, LLC?

Drive Planning, LLC was marketed as a financial advisory firm specializing in private placement investments, particularly in real estate ventures. The company, led by its founder Russell Todd Burkhalter, positioned itself as a vehicle for investors seeking high returns through Real Estate Acceleration Loans (REAL). These investments were pitched as secure and lucrative, with promises of regular, substantial payouts derived from real estate development projects.

According to the SEC’s findings, Drive Planning was not engaged in legitimate real estate operations. Instead, it was a front for a Ponzi scheme that relied on new investor funds to pay returns to earlier investors, all while financing Burkhalter’s lavish lifestyle. The company’s operations and offerings were unregistered, further exposing investors to significant risk without the protections afforded by regulatory oversight.

What Are the Risks of Investing in Drive Planning, LLC?

Drive Planning investments are high-risk private placement investments. Private placements or “Reg D” offerings can be highly volatile investments, as they are early-stage companies with limited information and are not bound to the same Securities Exchange Commision (“SEC”) disclosure requirements as public investment offerings. The SEC’s complaint against Drive Planning alleges that the money raised by Drive Planning was used to pay the returns of prior investors, indicating that it operated as a Ponzi-like scheme.

The brokers and financial advisors responsible for selling Drive Planning investments may be held responsible for any financial losses sustained by investors. Brokerage firms and financial advisors must consider their client’s risk tolerance prior to making recommendations, and cannot overconcentrate their customers’ accounts in any one investment product or market sector.

KlaymanToskes is a leading national securities fraud law firm that represents the interests of investors throughout the world who have suffered losses due to broker misconduct, investment fraud, and securities violations. 

The article linked below contains important information relating to KlaymanToskes’ investigations of Drive Planning investments:


If you suffered losses in Drive Planning, or any other investments, contact securities attorney Steven D. Toskes to discuss your recovery options at (888) 997-9956 or fill out a short contact form for a free and confidential consultation.

The firm has helped recover over $600 million for investors (exclusive of attorneys fees and costs), and can help you determine if your loss is due to financial advisor misconduct, unsuitable investment advice, and/or other securities violations.

Drive Planning Investment Losses

Potential conflicts of interest may arise when issuers incentivize brokers/investment advisors with substantial commissions to promote their financial products. A problem often associated with private placement investment recommendations is the high sales commissions brokers typically earn for selling these investments. A representative that recommends investments for the purpose of being compensated through increased commissions, and enriches themselves rather than benefiting the client, is violating securities laws

Can I File a Lawsuit to Recover Losses?

To recover investment losses, you do not go through the traditional court system with a lawsuit. The only remedy is through a FINRA arbitration, a specific process designed for these types of disputes. This process involves presenting your case to a panel set by the Financial Industry Regulatory Authority (FINRA), not a courtroom. This approach is streamlined and focused on investment disputes, making it a suitable and effective way for investors to seek compensation for losses caused by financial advisors or brokerage firms.

What is a FINRA Arbitration Claim?

FINRA (the Financial Industry Regulatory Authority) is a self-regulatory organization that oversees brokers and brokerages. In the event of a dispute between an investor and their financial advisor, investors can choose to file a FINRA arbitration claim. FINRA is overseen by the Securities and Exchange Commission (“SEC”).

The arbitration process is designed to be much faster than the court system and allows both parties to present their case before a panel of arbitrators. The arbitrators will then decide how to resolve the dispute, including ordering the advisor to pay damages for any losses suffered by the investor.

If you suffered losses in Drive Planning or any other investments, contact attorney Steven D. Toskes, at 888-997-9956 or by email at investigations@klaymantoskes.com to discuss recovery options. We do not collect attorney’s fees unless we are able to obtain a financial recovery for you.

Signs Investors Should Look Out For About Their Brokerage Accounts

As an investor, there are signs that you should look out for if you believe you have a claim against your broker/advisor for unsuitable investment recommendations in Drive Planning. These signs could potentially indicate misconduct, negligence, or investment fraud. Investors are encouraged to contact our firm immediately if you have experienced any of the following: 

  • You have substantial losses in your investment accounts
  • You received a call, email, or other communication from your broker’s supervisor or manager regarding your portfolio
  • Your broker misrepresented investment opportunities, or failed to disclose details about investments 
  • You notice unauthorized transactions in your investment accounts
  • Your broker is not returning your calls or emails
  • You filed a complaint with your brokerage firm that has not been resolved
  • You see a mistake on your statement, or receive a fraudulent statement

Some investors have close relationships with their brokers due to the time and trust built over the course of their investment relationship. However, it is crucial to remember that financial decisions should be based on careful analysis and due diligence rather than solely relying on personal relationships.

Engaging the services of an experienced securities attorney to evaluate your specific circumstances is strongly advised. At KlaymanToskes, our team of experienced securities attorneys has a deep understanding of this complex area of law, allowing us to provide invaluable insight and tailored guidance that directly addresses your individual needs.

If you purchased unsuitable Drive Planning investments, or any other unsuitable investments through your financial advisor/brokerage firm, and suffered significant losses, contact KlaymanToskes at 888-997-9956 or fill out a short contact form for a free and confidential consultation. We do not collect attorney’s fees unless we are able to obtain a financial recovery for you.