Oil Entrepreneur Sues Wells Fargo and LPL For Mismanaging Securities-Based Loan Strategy

Posted on March 10th, 2023 at 2:22 PM
Oil Entrepreneur Sues Wells Fargo and LPL For Mismanaging Securities-Based Loan Strategy

From the Desk of Jim Eccleston at Eccleston Law

An oil refinery entrepreneur has filed suit against Wells Fargo Advisors and LPL Financial alleging that his advisor overleveraged his account with a $5 million securities-based loan as part of a strategy that failed amidst the Covid-19 pandemic.

The complaint accuses the former advisor, John Dougherty, as well as LPL and Wells Fargo of breach of fiduciary duty and breach of contract. According to the complaint, Dougherty allegedly convinced the client in 2013 to obtain a $5 million loan to cover taxes and other obligations following the sale of his Alabama-based business, Warrior Asphalt, Inc., for a $9.5 million profit. Dougherty claimed that the loan would permit the client to generate income from the full proceeds to cover living costs and interest. However, the loan allowed Dougherty to charge management fees on the gross investment while also obtaining credit for interest payments on the loan, which exposed the client to greater market risk. Dougherty never recommended paying off the loan, even though the client’s account required at least a 3.5% return merely to pay the annual advisory fee and interest on the account.

The strategy ultimately failed in March 2020 at the outset of the pandemic as Dougherty began selling off most of the client’s equity securities to protect himself and Wells from losing their collateral on the loan, according to the complaint. Dougherty departed for LPL in January 2021. LPL failed to conduct due diligence on the advisor’s accounts and additionally ratified Dougherty’s problematic strategy in an effort to “continue recovering substantial fees”, according to the suit.

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

Tags: Eccleston, Eccleston Law

Return to Archive

TESTIMONIALS

Previous
Next

You were most helpful with my FINRA deposition. You are a good lawyer and a good person.

Dan B.

LATEST NEWS AND ARTICLES

January 5, 2026
FINRA Suspends Former UBS Broker Over Personal Credit Card Transfers

The Financial Industry Regulatory Authority (FINRA) has sanctioned a former UBS Wealth Management USA broker, Timothy R. Jones.

December 22, 2025
FINRA Overhauls Arbitration Rules to Rebalance Arbitrator Selection and Codify Forum Practices

The Financial Industry Regulatory Authority (FINRA) has approved significant amendments to its Codes of Arbitration Procedure designed to rebalance public arbitrator selection, increase transparency, and formalize several long-standing practices in the arbitration forum.

December 19, 2025
Industry Groups Press Senate at Advance Financial Exploitation Prevention Act

Several industry associations are urging the U.S. Senate to pass the Financial Exploitation Prevention Act, legislation that would allow mutual fund companies and their transfer agents to delay redemptions when they reasonably suspect elder financial abuse.