The Law Offices of Robert Wayne Pearce P.A. Wins $600,000 Plus Interest Award Against UBS Puerto Rico

In an arbitration proceeding against UBS Financial Services, Inc. of Puerto Rico (UBS-PR), the Law Offices of Robert Wayne Pearce, P. A. won a $600,000 plus interest award for one of the firm’s clients this week. The case arose out of the alleged misrepresentations and unsuitable recommendations by a UBS PR financial advisor to our client that he purchase and then hold an excessive concentration of UBS-PR closed-end bond funds in his investment account. UBS-PR, through its representatives, made false representations and misleading statements to our client about both the nature and risk of the closed-end bond fund and investment strategy.

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LPL Financial Fined for MSRB and FINRA Rule Violations

The Department of Market Regulation of the Financial Industry Regulatory Authority (FINRA) received a Letter of Acceptance, Waiver and Consent (AWC) from LPL Financial LLC (LPL Financial) for allegedly purchasing from and selling municipal securities to customers at prices that were not fair or reasonable. The Department of Market Regulation conducted two reviews of LPL Financial related to the firm’s compliance with municipal bond fair pricing requirements and corporate bond fair pricing requirements. During the municipal bond review between January and March 2009, FINRA found that for twelve transactions. LPL Financial purchased municipal securities for its own account from a customer and/or sold municipal securities for its own account to a customer at an aggregate price that included and commissions or service charges. FINRA alleged that such actions were not fair or reasonable and did not represent the best judgment of the broker as they didn’t express the fair market value of the securities.

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LPL Financial Fined for Trade Order and Execution Violations

The Department of Market Regulation of the Financial Industry Regulatory Authority (FINRA) received a Letter of Acceptance, Waiver and Consent (AWC) from LPL Financial LLC (LPL Financial) for allegedly failing to execute several trade orders fully and promptly, reporting improper data and failing to properly supervise. The Department of Market Regulation conducted two reviews of LPL Financial in 2012 to examine its trading and reporting methods. During its Trading and Market Making Surveillance (TMMS) review, FINRA found that in four instances, LPL Financial failed to execute orders fully and promptly. During the review, FINRA also found that LPL Financial transmitted to OATS eights reports that contained inaccurate, incomplete, or improperly formatted data. Additionally, the TMMS review found that LPL Financial failed to transmit two Reportable Order Events to OATS and failed to show the correct order receipt time on the memorandum of ten brokerage firms.

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LPL Financial Fined for Failing to Comply with MSRB and TRACE Requirements

The Department of Market Regulation of the Financial Industry Regulatory Authority (FINRA) received a Letter of Acceptance, Waiver and Consent (AWC) from LPL Financial LLC (LPL Financial) for allegedly failing to report securities transactions and failing to show the correct time of execution of several brokerage orders. The Department of Market Regulation conducted two reviews on LPL Financial in 2010 regarding the firm’s compliance with Municipal Securities Rulemaking Board (MSRB) and Trade Reporting and Compliance Engine (TRACE) requirements.

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LPL Financial Ordered to Pay $6.3 Million in Restitution for Supervision Failures

FINRA censured and ordered LPL Financial LLC (LPL Financial) to pay $6.3 million for failures related to sales charge waivers. LPL Financial submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for the alleged widespread supervisory failures. LPL Financial is a brokerage and investment advisory firm with a principal place of business in Boston, Massachusetts. LPL Financial has been conducting securities business related activities since 1973. LPL Financial has over eighteen thousand registered representatives operating from nearly eleven thousand branch office locations.

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Morgan Stanley Fined $675,000 for Failing to Address Short Positions in Tax-Exempt Municipal Bonds

Morgan Stanley & Co. and Morgan Stanley Smith Barney LLC of New York submitted a Letter of Acceptance, Waiver and Consent to the Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for allegedly failing to supervise and implement adequate written procedures to comply with Municipal Securities Rulemaking Board (MSRB) rules relating to short positions in tax-exempt municipal bonds.

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Merrion Securities of New Jersey Fined by FINRA for Violating the Exchange Act

Merrion Securities, LLC (Merrion) of Westfield, New Jersey Submitted a Letter of Acceptance, Waiver and Consent to the Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for allegedly failing to properly establish an escrow account for investor funds. Organized as a Limited Liability company and FINRA member since 1992, Merrion focuses primarily on general securities transactions with approximately 117 registered representatives within one branch office.

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Seattle, Washington Firm NSC Fined for Compensation Violations

National Securities Corporation (NSC) located in Seattle, Washington submitted a Letter of Acceptance, Waiver and Consent to the Department of Enforcement of the Financial industry Regulatory Authority (FINRA) for allegedly failing to disclose to investors compensation they were receiving. NSC has been a registered FINRA member since 1947 and provides retail brokerage, investment banking and investment advisory services.

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LPL Financial Fined for Failing to Comply with MSRB and TRACE Requirements

The Department of Market Regulation of the Financial Industry Regulatory Authority (FINRA) received a Letter of Acceptance, Waiver and Consent (AWC) from LPL Financial LLC (LPL Financial) for allegedly failing to report securities transactions and failing to show the correct time of execution of several brokerage orders. The Department of Market Regulation conducted two reviews on LPL Financial in 2010 regarding the firm’s compliance with Municipal Securities Rulemaking Board (MSRB) and Trade Reporting and Compliance Engine (TRACE) requirements.

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Carrollton Texas REIT Viatical Brokerage Expelled From FINRA

Fox Financial Management Corporation (Fox Financial) of Carrollton, Texas, Brian Murphy of Frisco, Texas and James Rooney of Carrolton, Texas were all fined and suspended by the Department of Enforcement for the Financial Industry Regulatory Authority for allegedly failing to supervise a registered representative and for failing to establish, maintain and enforce written supervisory procedures. Fox Financial’s primary business was selling private placements in real estate investment trusts (REITs) and life insurance settlement funds (viaticals) issued by a Fox Financial affiliate. Rooney and Murphy were both General Securities Principals and General Securities Representatives. Rooney was the firm’s President from 2005 until Fox Financial ceased to be a FINRA member. Murphy was Fox Financial’s Chief Compliance Officer (CCO) from 2008 until Fox Financial ceased to be a FINRA member. Rooney and Murphy shared supervisory responsibilities for Fox Financial registered representatives.

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