SOURCE: Klayman & Toskes

Klayman & Toskes

September 30, 2009 16:46 ET

Notice From the Securities Law Firm of Klayman & Toskes to All Securities America, CapWest Securities and Cullum & Burks Securities Customers Who Purchased Medical Capital Notes

NEWPORT BEACH, CA--(Marketwire - September 30, 2009) - The Securities Law Firm of Klayman & Toskes, P.A. ("K&T"), www.nasd-law.com, announced today that a class action lawsuit, Case No. 8:09-cv-01084, has been filed against Ameriprise Financial (NYSE: AMP) and its broker-dealer subsidiary Securities America, as well as Cullum & Burks Securities and CapWest Securities, on behalf of investors who purchased or otherwise acquired notes of Medical Provider Financial Corp. III, Medical Provider Financial Corp. IV, Medical Provider Funding Corp. V and Medical Provider Funding Corp. VI (collectively referred to as "Medical Capital notes") from Securities America, CapWest Securities and/or Cullum & Burks. Potential class members who purchased Medical Capital notes from Securities America, CapWest Securities or Cullum & Burks should consider whether they should participate in the class action or file an individual securities arbitration claim.

The Complaint alleges that "Cullum & Burks, Securities America, CapWest Securities and their affiliates did not make a reasonable investigation or possess reasonable grounds to believe that the statements contained and incorporated by reference in the [Private Placement Memoranda] at the time of the MedCap Entities' offerings were true and without omissions of material fact and were not misleading. Had Defendants Cullum & Burks, Securities America, CapWest Securities and their affiliates exercised reasonable care, they would have known of such omissions." Under NASD Rules, brokerage firms have an obligation to make suitable recommendations to their customers and to conduct adequate due diligence of new products before they are sold to their customers.

FINRA has provided guidance concerning the kinds of questions which should be asked by a brokerage firm before offering a new product, and it has highlighted best practices for reviewing new products. Specifically, FINRA has stressed the need for firms to take a proactive approach in reviewing and improving their procedures for developing and vetting new products. Those procedures should include straightforward guidelines for determining what constitutes a new product, ensure that the proper questions are asked and answered before a new product is offered for sale, and provide for post-approval follow-up and review.

K&T reminds investors of the benefits of filing an individual securities arbitration claim, as opposed to participating in a class action lawsuit. By participating in a class action lawsuit, an investor will most likely recover only pennies on the dollar. However, if one has experienced significant losses in Medical Capital notes, it may be more beneficial for them to file an individual securities arbitration claim. In 2003, K&T conducted a detailed study of securities arbitration versus class action. The study concluded that investors who file a securities arbitration claim traditionally obtain an overall higher rate of recovery as opposed to participating in a class action lawsuit. To view the full results of the comparison, please visit our web-site: http://www.nasd-law.com/documents/classvr.pdf

Retail and institutional investors who purchased Medical Capital notes from a full-service brokerage firm and sustained significant losses can contact K&T to explore their legal rights and options. The attorneys at K&T are dedicated to pursuing claims on behalf of investors who have suffered investment losses. K&T, an experienced, qualified and nationally recognized securities litigation law firm, practices exclusively in the field of securities arbitration and litigation. It continues its representation of investors throughout the world in securities arbitration and litigation matters against major Wall Street brokerage firms.

If you wish to discuss this announcement or have investment losses of $200,000 or more in Medical Capital notes, please contact Steven D. Toskes, Esquire or Jahan K. Manasseh, Esquire of Klayman & Toskes, P.A., at 888-997-9956, or visit us on the web at http://www.nasd-law.com.

Contact Information

  • Contact
    Steven D. Toskes, Esquire
    Jahan K. Manasseh, Esquire
    Klayman & Toskes, P.A.
    888-997-9956
    http://www.nasd-law.com