Stockbrokers In The News - Law Offices of Robert Wayne Pearce

May 27, 2014

Timothy Moran Barred by FINRA for Selling Away Hedge Fund

Timothy Damien Moran, a former Paradise Valley, Arizona-based broker employed by Atlanta, Georgia-based FSC Securities Corporation, has been barred by the Financial Industry Regulatory Authority (FINRA) based on findings that Mr. Moran engaged in private securities transactions without providing his firm with prior written notice. FINRA’s findings stated that Mr. Moran introduced firm customers to a Thomas Hampton to discuss possible investment in Mr. Hamptons’ hedge fund, Hampton Capital Management (HCM). Mr. Moran recommended that the customers invest, or consider investing, in HCM. Some of the customers who Mr. Moran introduced to the individual invested approximately $1.69 million. Mr. Moran also invested a total of $150,000 in HCM.

May 22, 2014

FINRA Fines and Suspends Mitchell Garrett for Distributing Commissions to Non-Members

Mitchell Garrett, a former Fort Lauderdale, Florida-based broker employed by New York, New York-based Lightspeed Trading, LLC, 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 paid all of the approximately $145,142 in commissions that he received from his firm to an unregistered day-trading firm, which in turn distributed the commissions to its owners, who were not registered with a FINRA member firm. FINRA’s findings stated that Mr. Garrett did not keep any of the commissions for himself and was not an owner of the day-trading firm. An uncertain portion of the commissions Mr. Garrett paid the day-trading firm’s owners represented rent from Mr. Garrett for his use of the day-trading firm’s office and equipment. Mr. Garret was assessed a deferred fine of $10,000, suspended from association with any FINRA member in any capacity for 30 business days, and required to cooperate with FINRA in its continuing investigation of this matter.

May 2, 2014

William Coolidge Permanently Barred by FINRA for Unsuitable Recommendations to Elderly Investors

William Bradford Coolidge, a former Registered Representative with Memphis, Tennessee-based Stifel, Nicolaus & Company, Inc. (Stifel Nicolaus) 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 effected approximately 233 trades in the accounts of three elderly customers with neither the customers’ written authorization nor the acceptance by Stifel Nicolaus of the accounts as being discretionary. According to FINRA, William Coolidge, of Cordova, Tennessee, allegedly implemented a trading strategy in an 86 year old customer’s individual retirement account (IRA) wherein he switched from mutual funds and Unit Investment Trusts (UITs) to other mutual funds or UITs after holding them for a time period. Mr. Coolidge’s alleged unsuitable recommendations, especially considering the customer’s age, risk profile and income, caused the elderly investor over $43,000 in losses and paid over $52,000 in commissions.

May 1, 2014

Richard Jameison Permanently Barred by FINRA for Conversion of Clients Funds

Richard David Jameison Jr., a former Registered Principal with New York-based Blackrock Investments, LLC (Blackrock) has been permanently barred by the Financial Industry Regulatory Authority (FINRA). According to FINRA, Richard Jameison, of Devon, Pennsylvania, converted $150,000 from an individual who was not a customer of Blackrock. FINRAs findings stated that Mr. Jameison had the individual, an acquaintance, wire $150,000 into a securities account which was jointly owned between Mr. Jameison and his wife. The money was supposed to be an investment in a business enterprise which Mr. Jameison alleged was along with a small group of investors, including himself. Mr. Jameison, however, never invested the money and instead allegedly converted the funds for his personal use. The acquaintance allegedly asked Richard Jameison repeatedly for the return of his investment plus earnings. Mr. Jameison gave the acquaintance two checks drawn from his jointly held personal accounts, alleging that the monies covered his original investment plus the return on the investment. FINRA found that the checks were dishonored due to insufficient funds. As a result of his unlawful conduct, Richard Jameison was terminated by Blackrock Investments and the acquaintance and his wife have filed a lawsuit against him.

Apr 30, 2014

Pruco Securities Broker Daniel Hudson Fined and Suspended by FINRA

Daniel Lee Hudson of Great Falls, Montana and former registered representative with Bellevue, Washington-based Pruco Securities, LLC, submitted a Letter of Acceptance, Waiver and Consent in which he consented to the Financial Industry Regulatory Authority’s (FINRA) findings that he established Natural Resources Gateway Group, Inc. (NRGG) a wind energy development company in which he was the sole owner and officer without first notifying his firm or receiving prior approval. Further, FINRAs findings stated that Mr. Hudson facilitated the investment of $104,000 by individuals, some of whom were Pruco Securities’ customers, in NRGG. These transactions were again made without the approval of Pruco Securities and in violation of the firm’s policies and procedures regarding outside business activities and private securities transactions. Mr. Hudson was fined $5,000 and suspended from association with any FINRA member in any capacity for six months. The suspension is in effect from February 18, 2014 through August 17, 2014.

Apr 23, 2014

Gregg Nussbaum Permanently Barred by FINRA for Exceeding His Trading Authority

Gregg N. Nussbaum, a former Registered Representative with West Palm Beach, Florida-based First Integrity Capital Partners Corp. (First Integrity Capital), 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) sanctions and findings that he intentionally exceeded his trading authority while a proprietary trader at First Integrity Capital. According to FINRA, Mr. Nussbaum, of Deerfield, Florida, had the firm’s authority to engage in riskless principal trading, in which he could simultaneously open and close a U.S. Treasury position of less than $5 million par value. FINRA claims Mr. Nussbaum did not open and close positions simultaneously but instead left the positions open for extended periods throughout the day. Moreover, it alleged he exceeded his firm’s $5 million par value limit. In order to accomplish this misconduct, FINRA found that Mr. Nussbaum intentionally submitted order tickets containing false execution times, in violation of FINRA Rule 2010 and NASD Conduct Rule 3110(a). Mr. Nussbaum’s alleged fraudulent activity caused First Integrity Capital to conduct securities business while net-capital deficient, which is in violation of the required minimum net capital of $100,000. As a result of his unlawful conduct, Gregg Nussbaum was permanently barred from association with any FINRA member in any capacity.

Apr 21, 2014

Niyukt Bhasin, Shondeep Balchandani, and Naveen Bhagwani of NSM Securities Named in FINRA Complaint for Numerous Industry Violations

Niyukt Raghu Bhasin, a former Wellington, Florida-based Registered Principal and founder, owner, President and CEO of West Palm Beach, Florida-based NSM Securities, Inc., was named a respondent in a Financial Industry Regulatory Authority (FINRA) complaint alleging that the firm failed to create and enforce a supervisory system which resulted in many of the firm’s customers suffering significant investment losses. The complaint alleges that Bhasin’s non-compliance resulted in aggressive, unauthorized trading, numerous customer complaints and cold-calling abuses. Two of the firm’s Registered Representatives, West Palm Beach, Florida-based Shondeep Sajan Balchandani and Naveen K. Bhagwani allegedly engaged in churning and excessive trading, and made unsuitable recommendations to NSM Securities customers. FINRA’s complaint even goes so far as to refer to NSM Securities’ supervisory system as “grossly inadequate.”

Apr 17, 2014

Timothy Ruggiero Permanently Barred by FINRA for Stock Price Manipulation

Timothy Burke Ruggiero, a former Plantation, Florida-based registered principal employed by Lazarus Asset Management, LLC and Evora Capital, Inc., also from Plantation, Florida, has been permanently barred by the Financial Industry Regulatory Authority (FINRA). As we first reported back in December, 2012, FINRA had filed a complaint against the former Fort Lauderdale-based Brookshire Securities Corporation registered principal based on findings that Mr. Ruggiero intentionally manipulated stock prices, which violates Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. FINRAs findings further found that Mr. Ruggiero engaged in unlawful trades and forgery on order paperwork to show that there was supervisory review when, if fact, there was not. FINRA also found that Mr. Ruggiero, as the firm’s President and CEO, failed to supervise the trading and electronic communications of the firm, which resulted in illegal trading in violation of Regulation M. As a result of his unlawful conduct, Timothy Ruggiero was barred from association with any FINRA member in any capacity.

Apr 16, 2014

Jack Kelly Barred by FINRA for Converting Customer Funds

Jack Richard Kelly, a former Millington, Tennessee-based registered principal employed by Duluth, Georgia-based PFS Investments Inc. 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 converted a total of $85,000 from customers. FINRA’s findings stated that a customer gave Mr. Kelly checks totaling $40,000 to be invested in a fund that Mr. Kelly had represented would provide 7% interest. The $40,000 in funds had been liquidated from a trust account held at Mr. Kelly’s firm that was intended to provide for the customer’s disabled sister. Rather than investing the $40,000 in the purported high-yield investment, Mr. Kelly converted the funds to his personal use. FINRA’s findings also stated that an elderly customer gave Mr. Kelly a total of $45,000 to be invested in the 7 percent investment, but Mr. Kelly again converted the funds to his personal use. As a result of his conduct, Mr. Kelly was barred from association with any FINRA member in any capacity.

Apr 7, 2014

FINRA Suspends Marylin Myers for Selling Away On The Edge Marketing Notes

Marylin T. Myers, a former Bayview, Texas-based registered principal employed by Lincoln, Nebraska-based Allstate Financial Services, LLC, submitted a Letter of Acceptance, Waiver and Consent in which she consented to, but did not admit to or deny, the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that she participated in the sale of a privately held company’s promissory notes to investors without notifying her firm or obtaining the firm’s written approval. FINRA’s findings stated that Ms. Myers recommended that investors, who were not the firm’s customers, invest in On The Edge Marketing LLC notes. Ms. Myers helped facilitate their purchases and invested $16,000 of her own money in the notes. Collectively, the investors and Ms. Myers invested more than $1,000,000 in the notes. To date, On The Edge Marketing has failed to repay the principal and interest due to the investors and Ms. Myers. FINRA’s findings also stated that on the firm’s annual compliance questionnaires, Ms. Myers inaccurately stated that she had not engaged in any private securities transactions and inaccurately stated that she had not engaged in soliciting, referring, or recommending any private placements or private securities products.