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Did Herbert Garrett Frey Cause You Investment Losses?

Herbert Garrett Frey of Cincinnati, Ohio submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was accessed a fine of $15,000, suspended from association with any FINRA member in all capacities for a period of 16 months, and ordered to pay a disgorgement of commissions received in the amount of $73,137 plus interest. The sanctions were based on findings that he engaged in excessive and unsuitable trading in a customer’s account, placed unauthorized trades, and gave misleading and inaccurate information to the customer in violation of FINRA Rules 4511, 2111 and 2010. The suspension was in effect from April 5, 2021, through August 4, 2022. 

In November 2017, Herbert Garrett Frey joined Union Capital Company under multiple registrations including a General Securities Principal. The firm later filed a Uniform Termination Notice for Securities Industry Registration (Form U5) disclosing that Frey had been permitted to resign due to misconduct. According to FINRA’s findings, Frey engaged in excessive and unsuitable trading when he executed 679 trades in a customer’s account without authorization. The findings state that Frey’s trading caused the customer to pay $135,210 in fees and commissions, $76,137 of which Frey retained, and incur a total loss of $142,805. The findings further state that Frey provided inaccurate information regarding the transactions and caused his firm to maintain inaccurate books and records. Although Hebert Garrett Frey is no longer associated with a member film, he remains subject to FINRA’s jurisdiction.

FINRA Rule 2111(a) provides in pertinent part that “[a] member or an associated person must have a reasonable basis to believe that a recommended transaction or investment strategy involving a security or securities is suitable for the customer, based on the information obtained through the reasonable diligence of the member or associated person to ascertain the customer’s investment profile.” FINRA Rule 2010 requires registered representatives to “observe high standards of commercial honor and just and equitable principles of trade.” Unauthorized trading or executing transactions in a customer’s account without the customer’s prior knowledge or consent, violates FINRA Rule 2010. FINRA Rule 4511(a) states that “[m]embers shall make and preserve books and records as required under the FINRA rules, the Exchange Act and the applicable Exchange Act rules.” An individual may violate FINRA Rule 4511 by causing his or her member firm to fail to maintain accurate books and records.

Do You Need an Ohio FINRA Securities Arbitration Attorney?

Are you a Cincinnati, Ohio investor who has suffered significant losses in your stock brokerage and investment accounts?  Did your Ohio stockbroker or investment advisor misrepresent facts, fail to disclose facts making the statements made false and misleading, recommend unsuitable investments or strategies, excessively trade or churn, mismanage your investment account or engage in other kinds of stockbroker misconduct? If so, you need representation by an experienced, highly-rated and nationally recognized FINRA securities arbitration attorney—a lawyer who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration cases as well as other complex legal issues. 

Free Initial Consultation With Experienced FINRA Securities Arbitration Lawyers Serving Cincinnati, Ohio Residents In FINRA Arbitration Proceedings

At The Law Offices of Robert Wayne Pearce, P.A.  we represent investors in all kinds of securities, commodities and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Ohio, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award.

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For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities and investment law disputes serving Ohio citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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Robert Wayne Pearce

Robert Wayne Pearce of The Law Offices of Robert Wayne Pearce, P.A. has been a trial attorney for more than 40 years and has helped recover over $140 million dollars for his clients. During that time, he developed a well-respected and highly accomplished legal career representing investors and brokers in disputes with one another and the government and industry regulators. To speak with Attorney Pearce, call (800) 732-2889 or Contact Us online for a FREE INITIAL CONSULTATION with Attorney Pearce about your case.

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