Tr?id=566623520170033&ev=PageView&noscript=1

Advisor Ordered to Pay $17.7 Million Over unsuitable REIT Sales

Posted on March 18th, 2025 at 3:33 PM
Advisor Ordered to Pay $17.7 Million Over unsuitable REIT Sales

From the desk of Jim Eccleston at Eccleston Law

A FINRA arbitration panel has ordered former advisor Mark Sam Kolta to pay nearly $17.7 million in damages, plus interest and costs, to his former firm, National Securities, following allegations of breach of contract and unjust enrichment. According to Financial Planning, the award stems from Kolta’s alleged involvement in placing clients in unsuitable private real estate investment trusts (nontraded REITs) while at National Securities.

Kolta, who has faced 28 customer complaints since 2018, allegedly steered 16 clients into alternative investment vehicles, moving $4.8 million into nontraded REITs. FINRA accused him of earning $290,000 in commissions while his clients suffered substantial losses. The regulator also found that Kolta failed to consider clients' financial situations, investment objectives, and risk tolerance. In some cases, he allegedly falsified documents to make investors appear more qualified for high-risk investments than they actually were.

In August 2023, a FINRA disciplinary panel barred Kolta from the securities industry and ordered him to disgorge $297,823 in ill-gotten gains, along with paying $6,041.61 in hearing costs. He has since appealed the decision to FINRA’s National Adjudicatory Council.

B. Riley Financial, which acquired National Securities in installments between 2018 and 2021, paid most of the investor settlements resulting from Kolta’s actions. As reported by Financial Planning, CEO Michael Mullen stated that B. Riley supported the settlements to ensure harmed investors were compensated.

Kolta filed a counterclaim against National Securities seeking damages and attorneys’ fees. However, he did not attend the evidentiary hearing before the FINRA panel, leading to the dismissal of his claim.

Securities expert Douglas Schulz questioned how Kolta was able to remain in the industry for so long despite his extensive disciplinary record. Schulz emphasized the need for stricter oversight of high-risk advisors, stating, “If you are going to hire them, you have to supervise them. And if they continue to do questionable things, you need to get rid of them.”

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

1773851287 Law
March 18, 2026
LPL and Ameriprise Notify Clients of Cybersecurity Incidents Involving Account Access

LPL Financial and Ameriprise Financial Services recently notified certain clients about separate cybersecurity incidents that exposed private information and, in one case, led to unauthorized trading activity.

1773760408 Law
March 17, 2026
Bankruptcy Court Orders Emerson Equity to Produce Records in Inspired Healthcare Case

A federal bankruptcy court in Fort Worth has ordered Emerson Equity to produce documents connected to the sale of private securities issued by Inspired Healthcare Capital, according to InvestmentNews.

1773678753 Law
March 16, 2026
Concorde Investment Services Faces Scrutiny Over Sales of Inspired Healthcare Private Investments

Concorde Investment Services is facing increased scrutiny following the bankruptcy of Inspired Healthcare Capital, whose private investment offerings were widely sold through independent broker dealers, according to InvestmentNews.