William Joseph Kielczewski was named a respondent in a FINRA complaint alleging that he falsely attested to his firm compliance questionnaires, participated in private securities transactions and caused his firm to file five misleading form U4’s all in violation of NASD Rule 3040, Article V, Section 2 of FINRA’s By-Laws and FINRA Rules 3280, 2010 and 1122.
In January 2014, William Joseph Kielczewski joined Huntington Investment Company (Huntington) as a general securities representative until his involuntary termination on April 26, 2017. According to the FINRA findings, Kielczewski was involved in an outside business activity, a hedge fund called Mariemont, promoting it to potential investors and participated in multiple private transactions through which four Firm customers invested over $10 million. The findings also stated that Kielczewski allegedly caused his member firm to submit five false U4 forms stating he was a silent minority partner, had a passive position with the company and described himself as a passive investor in which he was not. William Joseph Kielczewski is no longer registered or associated with a FINRA member and remains subject to FINRA’s jurisdiction.
Article V, Section 2(c) of FINRA’s By-Laws requires that every application for registration filed with FINRA be kept current at all times by supplementary amendments. FINRA Rule 1122 states that no associated person shall file with FINRA information with respect to registration that is “incomplete or inaccurate so as to be misleading, or which could in any way tend to mislead, or fail to correct such filing after notice thereof.” Associated persons, therefore, are required by FINRA Rule 1122 to answer the questions on a Form U4 fully and accurately.
Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from private transactions, and/or other misconduct by their broker can file claims to recover damages against broker-dealers, like Huntington, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct.
Have you suffered losses in your Huntington Investment Company account due to private transactions by your broker? Was William Joseph Kielczewski your stockbroker? 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 Huntington Investment Company stockbrokers who may have engaged in broker 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 40 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 firstname.lastname@example.org for answers to any of your questions about this blog post and/or any related matter.