Investment Loss Recovery Options for Investors in Oil and Gas Funds Offered by David Lerner Associates, Inc.
Investors in certain oil and gas funds offered and underwritten by David Lerner Associates, Inc. (David Lerner) may be able to recover investment losses through FINRA arbitration, if the broker soliciting the investment lacked a reasonable basis for the recommendation, or if the investment was sold via a misleading sales presentation. The investments at issue include two illiquid limited partnerships—Energy 11, LP and Energy Resources 12, LP—as well as a proprietary mutual fund, the Spirit of America Energy Fund (SOAEX).
Energy 11, LP (Energy 11) was formed as a Delaware limited partnership in 2013 in order “to acquire producing and non-producing oil and natural gas properties onshore in the United States and to develop these properties.” Based on a review of its publicly available filings with the SEC, Energy 11 has acquired certain properties in proximity to North Dakota’s Bakken Shale Play. In March 2020, due to the Covid-19 pandemic, Energy 11 announced that it would suspend distributions pending further notice, pointing to recent volatility in the oil and gas sector.
Energy Resources 12, LP (ER12) was formed as a Delaware limited partnership in 2016, with essentially the same objective as Energy 11, namely to acquire assets in proximity to the Bakken Shale Play. Due to the Covid-19 pandemic, the general partner managing ER12 recently offered the following cautionary guidance: “[d]ue to the inability to produce, process and sell oil and gas at economical prices, certain operators of the Bakken Assets have announced plans to curtail daily production, shut-in producing wells or seek other cost-cutting measures, starting in April 2020.”
The Spirit of America Energy Fund (SOAEX) is a proprietary fund offered by David Lerner. SOAEX is structured as a mutual fund and commenced its operations in July 2014—the fund seeks exposure to the oil and gas sector through investments in various energy companies, including certain MLPs and upstream oil and gas companies engaged in costly and risky exploration and production (E&P) activity. Since its inception as a mutual fund, SOAEX has suffered very poor performance, with a decline in share price of more than 80%. Year-to-date, SOAEX’s share price has declined nearly 40% in value.
Investing in oil and gas carries with it considerable risk and complexity, including volatility on the underlying commodity. When a broker or financial advisor recommends an oil and gas investment, he or she has a duty to ensure that the investment product is suitable in light of the investor’s profile and stated investment objectives. Furthermore, if a customer’s account becomes overconcentrated in oil and gas, or if a broker fails to disclose the risks associated with an investment or investment strategy, then the broker and his or her firm may well be held liable for any losses suffered.
The attorneys at Giarrusso Law Group LLC have considerable experience with complex oil and gas investments, including illiquid private placements, drilling funds, and publicly registered limited partnerships. Investors may pursue a claim to recover their losses through securities arbitration before FINRA, or in some instances, through litigation. Investors who wish to discuss a possible claim are invited to contact us by telephone at (201) 771-1115 or by email at info@gialawgroup.com for a no-cost, confidential consultation.