As a financial analyst and writer, I’ve been closely watching a storm brewing in the investment world. It exploded with the Nightingale Properties fiasco on the CrowdStreet real estate crowdfunding platform. The debacle led to a staggering loss of $1.5 million for investors aiming to nab the Atlanta Financial Center. Now, their anger is squarely aimed at CrowdStreet, and they’re crying out for justice. Legal eagles like Joshua Kons, Andrew Stoltmann, Joseph Wojciechowski, and Sara Hanley have stepped into the arena, filing an arbitration claim through the esteemed Financial Industry Regulatory Authority (FINRA) against CrowdStreet. They’re pursuing over $3 million in damages and an injunction that could hit pause on CrowdStreet’s entire operation.
The Legal Heat on CrowdStreet
In a claim I’ve had a look at, recently obtained by Bisnow but until now under wraps, investors accuse CrowdStreet of overstepping as an unlicensed broker-dealer. They argue it failed to do its homework in vetting Nightingale’s offers. Moreover, they’re troubled by the fact that investment funds weren’t parked in escrow accounts awaiting deal closure, which they see as a flagrant oversight in safeguarding client funds.
“To me, not using an escrow account to safeguard those funds seems like a critical oversight by CrowdStreet,” remarks Wojciechowski. The investors are after a command from FINRA arbitrators forcing CrowdStreet to pay back their investments, plus punitive damages and an acknowledgment that the platform knowingly broke federal securities law.
The Exchange of Sharp Words
Countering the accusations and the unlicensed broker-dealer issue, a CrowdStreet spokesperson insisted, “Any claim that CrowdStreet acted as a broker for Nightingale’s offerings is off-base.” Meanwhile, a FINRA representative opted to keep their lips sealed.
As Warren Buffett sagely put it, “Risk comes from not knowing what you’re doing.” Under the Securities Exchange Act of 1934, entities that engage in trading securities for clients must register with the SEC. Despite CrowdStreet’s denial, the fact remains: if a company is in the business of peddling securities without the proper badge of a broker-dealer, it still has to follow the rules set out by the 1934 Act, as concurred by a panel of securities law experts.
Shifting the Spotlight
CrowdStreet stands its ground, arguing neutrality and claiming it neither gave the thumbs up to nor pushed investors towards these deals. Yet, their marketing communication suggested otherwise, calling Nightingale’s potential offerings a “tremendous asset with vast upside.”
But the conundrum isn’t so black-and-white, according to real estate crowdfunding consultant Adam Gower. He illustrates the fine line platforms walk when he says, “It’s complicated to do your due diligence and still say it’s not an endorsement to invest.”
This isn’t the first time investors have found themselves in a bind because of CrowdStreet’s alleged missteps. Back in 2018, MG Capital, another New York outfit, was caught fabricating its track record, which gutted investors of $58 million. While not directly blamed by the SEC, CrowdStreet faced lawsuits from aggrieved investors for its role in the saga.
The full impact of CrowdStreet’s legal quandaries is still up in the air. But with the rising tide of investor displeasure and accumulating accusations, a legal maelstrom might be brewing, bringing potential shockwaves to its business.
By the way, if you’re ever in doubt about an advisor’s credentials, remember that a quick check of their FINRA CRD number can save a lot of grief down the road. As for financial facts, did you know that a sizeable number of investor complaints stem from bad financial advice? For instance, in one report, nearly one in five investors received advice that was grossly incompatible with their goals.
As investors, we always need to be vigilant, scrutinizing the credibility of the platforms we entrust with our hard-earned money. I’ll keep an eye out and keep you updated on how this situation unfolds because informed investors are empowered investors.
