ETFs - Law Offices of Robert Wayne Pearce

Mar 2, 2015

Citigroup Hit With $3 Million Fine for Failure to Supervise ETF Sales

Citigroup Global Markets Inc., (Citigroup) submitted a Letter of Acceptance, Waiver and Consent in which the firm consented to, but it did not admit to or deny, the described sanctions and the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it failed to deliver prospectuses with respect to the sales of exchange-traded funds (ETFs) to its investor customers. According to FINRA, Citigroup failed to deliver prospectuses for nearly 255,000 investor purchases of approximately 160 ETFs over a three-month period. Further, FINRA found that from 2009 through April 2011, Citigroup may have failed to deliver prospectuses for more than 1.5 million purchases of ETFs by investors. Moreover, Citigroup’s supervisory system failed to achieve compliance with Federal securities laws with regard to prospectus-delivery requirements, especially since the firm allegedly detected certain failures back in 2009.

Nov 21, 2014

FINRA Fines and Suspends Herbert Kaye for Discretionary Trade Violations and Unsuitable Recommendations

Herbert Leonard Kaye, a Delray Beach, Florida based broker with First Allied Securities, Inc. (First Allied), submitted a letter of acceptance, waiver, and consent in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that he entered discretionary trades in a customer’s account without the necessary prior written customer authorization. FINRA found that although Herbert Kaye had the verbal consent of his customer, he neglected to obtain the necessary written consent when he entered over 2,000 trades in equities and exchange traded funds (ETFs) in the customer’s account and generated over $173,000 in commissions. FINRA’s findings state that Herbert Kaye also recommended that his customer invest $1.1 million in a gold and precious minerals mutual fund, for which he received $11,000 in gross commissions. This mutual fund recommendation was unsuitable in light of the customer’s age, investment objectives, and the fact that Herbert Kaye allegedly knew that his customer wanted to avoid investments with large market fluctuations.

Jul 8, 2014

Salomon Whitney Fined By FINRA For Failure To Supervise ETF Sales

Salomon Whitney LLC of Farmingdale, New York consented to, but did not admit to or deny, the described sanctions and to the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it failed to establish a supervisory system with regard to the sale of non-traditional exchange-traded funds (ETFs), including leveraged, inverse and inverse-leveraged ETFs. FINRA’s findings stated that despite the risks involved with holding non-traditional ETFs for longer time periods, numerous Moloney Securities customers held the ETFs for extended periods. Some even allegedly held the ETFs for several months. FINRA found that Moloney Securities failed to adequately train its registered representatives and supervisors with respect to the features, characteristics, and the risks involved with non-traditional ETFs, especially the risks associated with longer-term holds of the ETFs. According to FINRA, Salomon Whitney made unsuitable ETF recommendations and failed to conduct an adequate suitability analysis of the non-traditional ETFs before offering them to its customers. Consequently, Salomon Whitney was censured and fined $30,000.

Jun 30, 2014

Moloney Securities Fined by FINRA for Unsuitable ETF Recommendations

Moloney Securities Co, Inc. of Manchester, Missouri consented to, but did not admit to or deny, the described sanctions and to the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it failed to establish a supervisory system with regard to the sale of non-traditional exchange-traded funds (ETFs). According to FINRA, Moloney Securities permitted its representatives to recommend and sell non-traditional ETFs to customers even though the firm neglected to provide its supervisors or its representatives with training or guidance as to whether these complex and risky investments were suitable for the investors. FINRA’s findings stated that Moloney Securities neither utilized nor made available to supervisory personnel reports or other tools to monitor length of time the ETFs were held or the losses which occurred in those hold positions. Consequently, Moloney Securities was censured and fined $20,000.

Jun 26, 2014

Infinex Investments Fined and Ordered to Pay Restitution to Customers Over Unsuitable ETF Recommendations

Infinex Investments, Inc. (Infinex) of Meriden, Connecticut consented to, but did not admit to or deny, the described sanctions and to the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it neglected to perform reasonable due diligence regarding the sale of non-traditional exchange-traded funds (ETFs). According to FINRA, Infinex failed to properly review non-traditional ETFs prior to offering them for sale to customers. FINRA found that the firm allowed its representatives to recommend the ETFs to customers even though those representatives had minimal training on the risks and features of non-traditional ETFs, thereby making unsuitable recommendations and putting customers at unnecessary risk for investment losses. Consequently, Infinex Investments was censured, fined $75,000 by FINRA, and ordered to pay more than $287,000 in restitution to customers.

Jun 9, 2014

FINRA Fines and Suspends Jon Larson for Unauthorized ETF Sell Order

Jon Fred Larson, a Lakeland, Florida-based securities representative formerly employed by Allen & Company of Florida, Inc. (Allen & Co.), also of Lakeland, Florida, submitted a Letter of Acceptance, Waiver and Consent in which he consented to, but did not admit to or deny, the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that he entered an unauthorized sell order for an Allen & Co. customer who held an exchange traded fund (ETF) which was valued at approximately $16,000 in his account. Jon Larson allegedly entered the ETF sell order without the customer’s knowledge, consent or authorization. Consequently, Mr. Larson was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in any capacity for 10 business days. The suspension was in effect from March 17, 2014 through March 28, 2014.

May 20, 2014

Investors Capital Corp. Censured and Fined for Inadequate Supervision of ETF Sales

Lynnfield, Massachusetts-based Investors Capital Corp. submitted a Letter of Acceptance, Waiver and Consent in which the firm consented to, but did not admit to or deny, the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it failed to ensure delivery of exchange-traded fund (ETF) prospectuses to customers. The findings stated that the firm violated Section 5(b)(2) of the Securities Act of 1933 by failing to establish an adequate supervisory system, including written supervisory procedures (WSPs), concerning the sale of ETFs and the firm’s obligations to provide ETF prospectuses to customers. The firm did not have any procedures directly concerning the sale of ETFs or its obligations to provide ETF prospectuses to customers and permitted representatives to sell ETFs before completing any firm-mandated training. The firm was censured and fined $100,000

Apr 29, 2014

Berthel Fisher Fined by FINRA for Lax Supervision of REIT and ETF Sales

Marion, Iowa-based Berthel Fisher & Company Financial Services, Inc. (Berthel Fisher) and its affiliate, Securities Management Research, Inc. consented to, but did not admit to or deny, the described sanctions and to the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that it failed to supervise the sale of non-traded real estate investment trusts (REITs) and exchange-traded funds (ETFs) and also made unsuitable recommendations relating to alternative investments.

Dec 9, 2013

J.P. Turner Owes $700,000 For Unsuitable ETFs and Mutual Fund Investments

J.P. Turner & Co., LLC (J.P. Turner) was ordered by the Financial Industry Regulatory Authority (FINRA) to pay over $700,000 in restitution to more than 80 customers for sales of unsuitable leveraged and inverse exchange-traded funds (ETFs) and for excessive mutual fund switches by its registered representatives. This was just the tip of the iceberg and undoubtedly many more J.P. Turner customers have suffered from these unlawful sales practices.