Library - Law Offices of Robert Wayne Pearce

Wells Fargo Advisors Fined for Unsuitable STRATS Recommendations

The Financial Industry Regulatory Authority (FINRA) has ordered Wells Fargo Advisors, LLC (Wells Fargo) to pay a $500,000 fine and $241,974.34 plus pre-judgment interest in restitution to customers for allegedly making unsuitable recommendations to customers to purchase structured repackaged asset-backed trust securities (STRATS). From approximately 2005 to 2012, Wells Fargo made unsuitable STRATS recommendations to its retail customers, selling nearly $12 million worth of the complex structured products. According to FINRA, Wells Fargo failed to properly educate its registered representatives about the risks associated with STRATS and that the customers had the potential to suffer significant losses. FINRA also found that Wells Fargo’s internal-use STRATS brochures were not fair and balanced and neglected to provide an appropriate basis for evaluating the risks and therefore the suitability of the STRATS. Wells Fargo did not admit to or deny FINRA’s findings.

Nov 6, 2015

Fox Financial Representative Barred Amid Allegations of Unsuitable Life Settlement Recommendation

James Edward Rooney Jr., a former registered representative with Carrollton, Texas-based Fox Financial Management Corp. (Fox Financial) 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) sanctions in which he was permanently barred for refusing to provide documents and information requested in connection with an investigation regarding the suitability of his life settlement recommendation to a customer. FINRA’s investigation arose from a customer complaint regarding a life settlement investment recommendation. According to FINRA, Mr. Rooney allegedly made the life settlement recommendation without conducting the proper due diligence and expecting to receive a commission. The findings also state that Mr. Rooney allegedly misrepresented the investment and provided the customer with misleading sales materials which were oversimplified and incomplete.

Nov 4, 2015

Cambridge Investment Representative Barred Amid Allegations of Converting Client Funds

Glenn Allen Moffitt, a former registered representative with the Henderson Nevada branch of Cambridge Investment Research, Inc. (Cambridge) 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) sanctions and findings that he failed to appear for on-the-record testimony which was requested amid allegations that he converted approximately $370,000 from an elderly customer. FINRA Rule 8210 requires registered representatives to appear as requested for on-the-record testimony at any time. According to FINRA, Mr. Moffitt acknowledged that he received FINRA’s request for his testimony in conjunction with the conversion allegations investigation, but Mr. Moffitt refused to appear. Consequently, Glenn Moffitt, of Henderson Nevada, was barred from association with any FINRA member in any capacity.

Nov 2, 2015

Patrick Garrett Barred by FINRA for Misrepresenting Customer Account Value

Patrick Landon Garrett, a former Registered Representative with the Nashville, Tennessee branch of Robert W. Baird & Co. Inc., 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 and knowingly misrepresented his customer’s account value and attempted to make the customer whole by misusing other customers’ funds. According to FINRA, Patrick Garrett, of Franklin, Tennessee, misrepresented his customer’s account value by approximately $200,000 in order to conceal the decreased value of her investments. Mr. Garrett allegedly told his customer that her printed and online statements were not accurate due to settlement date issues, which was false. Additionally, FINRA found that Mr. Garrett attempted to make the customer whole by misusing other customers’ funds to buy the initial public offering (IPO) shares in the first customer’s account, resulting in investment losses of over $34,000 to the other customers. Consequently, Patrick Garrett was permanently barred from association with any FINRA member in any capacity.

Oct 30, 2015

Louis Tinoco Permanently Barred by FINRA for Falsifying Account Summaries to Hide Losses

Louis Anthony Tinoco Jr., a former Registered Representative with Miami, Florida-based Barclay’s Capital Inc. (Barclay’s), 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 provided a false account summary to his customer in order to conceal the losses incurred due to his trading activity. According to FINRA, Louis Tinoco provided his customer with a chart that supposedly reflected the monthly value of the customer’s Barclay’s account. The chart, prepared by Mr. Tinoco, overstated the actual value of the customer’s account by more than $200,000. Additionally, Mr. Tinoco failed to respond to FINRA’s request to appear and provide testimony in connection with their investigation, which is a violation of FINRA Rule 8210. Louis Tinoco, of Miami Beach, Florida, was permanently barred from association with any FINRA member in any capacity.

Oct 27, 2015

Allstate Financial Broker Fined and Suspended for Soliciting Private Securities Investments

Mark Brian Quimby, a former registered representative with Allstate Financial Services, LLC (Allstate Financial), 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 solicited two customers to invest in private securities transactions without the necessary firm approval. FINRA found that Mark Quimby, of Palm Harbor, Florida, recommended that two firm customers invest in TES, a security formed to invest in alternative investments and managed by Mr. Quimby’s wife. The two customers invested $20,000 and $39,725 in TES for which they received an equity interest and pro rata shares of any profits.

Oct 23, 2015

12 More Independent Broker Dealers Fined by FINRA for Failing to Give UIT Discounts to Investors

The Financial Industry Regulatory Authority (FINRA) fined a dozen independent broker-dealers (IBDs) for failing to give their clients the proper discounts available to them, known as breakpoint discounts, on sales of unit investment trusts (UITs). They were also cited for related supervisory failures. Some of the biggest fines were levied against First Allied Securities Inc. (First Allied), Fifth Third Securities Inc. (Fifth Third), Securities America Inc. (Securities America), Cetera Advisors LLC (Cetera Advisors), and Park Avenue Securities LLC (Park Avenue). FINRA ordered the 12 firms to pay both fines and restitution totaling $6.7 million. The other firms sanctioned were: Commonwealth Financial Network (Commonwealth Financial), MetLife Securities Inc. (MetLife), Comerica Securities (Comerica), Cetera Advisor Networks LLC, Ameritas Investment Corp. (Ameritas), Infinex Investments Inc. (Infinex), and The Huntington Investment Company (Huntington Investment).

Oct 21, 2015

Park Avenue Securities Broker Suspended for Equity-Indexed Annuity Sales

Robert Michael Diehl, a former broker with Murphysboro, Illinois based Park Avenue Securities LLC, submitted a Letter of Acceptance, Waiver, and Consent (AWC) in which the Financial Industry Regulatory Authority (FINRA) found that he sold equity-indexed annuities (EIAs) to his firm’s customers but failed to properly notify the firm of the sales. FINRA found that rather than having the customers complete the appropriate applications and submitting them to his member firm, Robert Diehl submitted the applications directly to the issuer of the EIAs. In doing so, Mr. Diehl bypassed the supervisory review and approval of the sales of the EIAs. FINRA’s findings state that Mr. Diehl neglected to disclose to Park Avenue Securities that he made the sales, for which he received approximately $55,500 in commissions by the EIA issuer without receiving permission for the sales from Park Avenue.

Oct 19, 2015

Six Independent Broker Dealers Fined by FINRA for Failing to Give REIT Discounts to Investors

The Financial Industry Regulatory Authority (FINRA) fined six independent broker dealers for failing to give their clients the proper discounts available to them, known as breakpoint discounts, on large sales of certain nontraded REITs. The six firms are Voya Financial Advisors Inc. (Voya), Transamerica Financial Advisors Inc. (Transamerica), Investacorp Inc. (Investacorp), J.P. Turner & Co. (J.P. Turner), National Planning Corp. (National Planning), and Cetera Investment Services (Cetera). The fines were levied in July and August and total more than $500,000. Voya and Transamerica were fined the largest amounts: $325,000 for Voya and $85,000 for Transamerica. The other fines levied against Investacorp, J.P. Turner, National Planning, and Cetera were: $50,000, $45,000, $30,000, and $30,000, respectively. All six firms were also ordered to pay restitution.

Oct 16, 2015

Former J.P. Morgan Broker Barred by FINRA Amidst Allegations of Converting $20 Million of Customer Funds

Michael Jeffrey Oppenheim of Livingston, New Jersey, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for failing to provide documents and information and an on-the-record testimony in connection with allegations that he may have converted approximately $20 million of customer funds, altered customer documents, and created false account statements. FINRA began an investigation into Michael Oppenheim’s termination from his member firm, J.P. Morgan Securities LLC (J.P. Morgan), as well as allegations that he may have converted nearly $20 million of customer funds between March 2011 and March 2015. FINRA was also investigating the alleged altering of customer documents and creation of false account statements by Mr. Oppenheim.

Blog

Recent Posts