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UBS Securities Representative Suspended and Fined for Undisclosed Business Activity

Ali Radfar of New York, New York submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for allegedly participating in an undisclosed private securities transaction in violation of NASD Rule 3040 and FINRA Rule 2010. Radfar entered the securities industry in July 2006 and was associates with FINRA member firm UBS Securities, LLC (UBS) from August 2012 through March 2015.

From August through October 2014, Mr. Radfar, with the help of another UBS member, participated in an undisclosed private securities transaction. FINRA alleged Mr. Radfar and the other firm member pooled personal funds with those of 12 other individuals whose investment they solicited. FINRA found a collective total of $300,000 was invested in SMS, an application-based game company. This investment, a private securities transaction, was made through two outside investment vehicles that were also formed by Mr. Radfar and the UBS representative.

FINRA alleged Mr. Radfar did not provide UBS with written notice of his participation in the SMS private securities transaction or receive UBS’ approval for doing so prior to participating in it. NASD Rule 3040 prohibits an associated person from participating in any private securities transaction unless, prior to participating in the transaction, the associated person provides written notice to the member he/she is associated with. FINRA found, Mr. Radar participated in the undisclosed transaction whilst using $30,000 of his own personal funds.

For failing to provide to UBS prior written notice of his participation in the SMS private securities transaction, Mr. Radfar, without admitting or denying the FINRA allegations, agreed to the sanctions and was fine $5,000 and was suspended from association with any FINRA member in any capacity for three months.

FINRA rules require brokerage firms to establish and implement a reasonable supervisory system to protect customers from the risks associated with investing. The implementation of the rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, as well as the brokerage firm’s own policies and procedures. If broker-dealers and their supervisors fail to establish and implement these protective measures, they may be held liable to account holders for investment losses which stem from their employees’ misconduct. Therefore, investors who have suffered losses due to a brokerage firm’s failure to supervise the unsuitable recommendations of its representatives can bring forth claims to recover damages against firms, like UBS Securities, which have a duty to supervise employees in order to protect their customers’ interests.

Have you suffered losses in your UBS Securities account due to unauthorized trading in your account? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against UBS Securities stockbrokers who may have engaged in misconduct and caused investors losses.

The most important of investors’ rights is the right to be informed!  This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida.  For over 35 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues.  The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally!  Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.