663 search results found for “Unsuitable Recommendations”

FINRA Files Complaint Against Bay Mutual Financial Broker For Alleged Unsuitable Recommendations

Christopher Ariola, of Santa Monica, California, was named a respondent in a Financial Industry Regulatory Authority (FINRA) complaint alleging that he made unsuitable recommendations to elderly retirees to invest in gold and energy stocks.  As a result of his unsuitable recommendations, FINRA alleges that his customers suffered combined losses totaling approximately $140,000. Formerly registered with Bay Mutual Financial, LLC, a Santa Monica, California based broker dealer, the now unlicensed Christopher B. Ariola is alleged to have recommended to three elderly retirees to invest a substantial portion of their limited retirement assets in gold and energy stocks.  Mr. Ariola’s alleged recommendations were unsuitable in light of the customers’ financial circumstances, investment objectives, and low to moderate risk tolerances. 

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Garden State Securities Broker Fined and Suspended by FINRA for Unsuitable Recommendations

Adam R. Tau, a former broker with the New York branch of Garden State Securities, 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) findings that he made unsuitable recommendations to a customer which resulted in substantial losses in the customer’s account. FINRA found that Adam Tau made recommendations to his customer that were unsuitable given his customer’s conservative investment objectives, risk tolerance, and limited assets and income. Mr. Tau recommended five purchases of common stock totaling approximately $204,000. During the relevant time period, the stock experienced several price declines which resulted in a loss of approximately $30,000. Additionally, FINRA found that Mr. Tau exercised discretion in his customer’s account by effecting ten trades without obtaining the necessary written authorization from his customer and neglecting to obtain the written acceptance of the account as discretionary by Garden State Securities.

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Ameriprise Financial Services Representative Suspended for Unsuitable Recommendations

Karen Tautges-Parisian of Minnetonka, Minnesota submitted a Letter of Acceptance, Waiver and Consent (AWC) to Department of Enforcement of the Financial Industry Regulatory Authority (FINRA) for allegedly making unstable investment recommendations to a customer. Ms. Tautges-Parisian first became associated with FINRA in July 2001 for Ameriprise Financial Services, Inc. (Ameriprise). In December 2013, Ms. Tautges-Parisian voluntarily resigned from Ameriprise. FINRA found that in May and November 2009, Ms. Tautges-Parisian made unsuitable investment recommendations to a Ameriprise customer involving penny stocks. In May 2009 Ms. Tautges-Parisian recommended a customer to invest $14,904 in 8,000 shares of Oceanfreight, Inc. (OCNF) at $1.83 per share. The client was a 50 year old who annually made $20,000 and had no investment experience. By November 2009, the price of OCNF shares dropped to $.99 per share. In an attempt to increase the price per share, Ms. Tautges-Parisian recommended the customer to invest another $7,000 in OCNF shares. In June 2010 the client sold his shares for a total loss of $16,032.52.

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Merrill Lynch Broker Permanently Barred by FINRA for Unauthorized Trades and Unsuitable Recommendations

Thomas Joseph Buck, a former registered representative with the Carmel, Indiana branch of Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), consented to, but did not admit to or deny, the sanction and the entry of the Financial Industry Regulatory Authority’s (FINRA) findings that he made unsuitable account recommendations and exercised discretion in clients’ accounts. Thomas Buck, of Carmel, Indiana, allegedly conducted business under the designation “The Buck Group” with more than 3,000 accounts and $1.3 billion under management. According to FINRA, Mr. Buck neglected to adequately assess the suitability of the fee structure for certain clients – using commission-based accounts when it would have been less expensive for the clients to maintain fee-based accounts. FINRA found that in some instances, Mr. Buck’s clients paid substantially more in commissions than they would have if they were in fee-based accounts. Further, Mr. Buck allegedly misled clients about the potential advantages of fee-based accounts so that the clients remained in the higher-cost commission-based accounts. Mr. Buck also made unauthorized trades in certain customer accounts, allegedly neglecting to get the customers or Merrill Lynch’s prior written authorization as required by FINRA Rule 2010. Consequently, Mr. Buck was permanently barred from association with any FINRA member in any capacity.

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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.

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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.

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Edward Scro Permanently Barred by FINRA for Unsuitable Recommendations To Elderly Customers

Edward Francis Scro, a former Registered Representative of the now un-registered financial advisory company NelsonReid, Inc., was permanently barred by the Financial Industry Regulatory Authority (FINRA) for making unsuitable recommendations to his elderly customers. According to FINRA’s findings, Mr. Scro, of Naples, Florida, advised his elderly customers, who needed a stable monthly income, to invest in risky, illiquid investments, sold primarily by Private Placement Memoranda (PPMs).

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West Hollywood, California Lawyer Who Sues Stockbrokers For Unsuitable Investment Recommendations

Did Trevor Bradner Rahn Cause You Investment Losses? Trevor Bradner Rahn of West Hollywood, California submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $10,000 and suspended from association with any FINRA member in all capacities for a period of 18 months. The sanctions were based on findings that he allegedly made unsuitable investment recommendations and exercised discretionary trading in violation of NASD Rule 2510(b) and FINRA Rules 2111(a) and 2010. The suspension is in effect from April 5, 2021, through October 4, 2022. On July 30, 2010, Trevor Bradner Rahn joined J.P. Morgan Securities LLC while registered as a General Securities Representative. The firm later filed a Uniform Termination Notice for Securities Industry Registration (Form U5) disclosing that Rahn had been discharged due to alleged misconduct. According to FINRA’s findings, Rahn recommended an investment strategy to customers and executed orders in 32 accounts without having a reasonable basis to make such recommendations. The FINRA findings state that Rahn allegedly relied on the firm’s system to automatically assign commissions without taking steps to confirm it actually did and would often enter a separate commission on each trade that was greater than the amount that would be charged under the firms system. In addition, the findings further state that Rahn exercised time and price discretion on these trades without notice or approval from the customers or his member firm. Although Trevor Bradner Rahn is no longer registered with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 2111(a) requires an associated person to “have a reasonable basis to believe  that a recommended transaction or investment strategy involving a security or securities is suitable for the customer. The recommendation must be based on reasonable diligence demonstrating it is suitable for at least some investors. Moreover, the reasonable diligence must provide the associated person with an understanding of the potential risks and rewards associated with the recommended security or strategy. The lack of such an understanding when recommending a security or strategy violates the suitability rule. A violation of FINRA Rule 2111(a) is also a violation of FINRA Rule 2010. NASD Rule 2510(b) generally prohibits a registered representative from exercising discretionary power in a customer’s account without prior written authorization from the customer and written acceptance from the member firm. While NASD Rule 2510(d)(1) provides an exception for same-day time and price discretion, any exercise of time and price discretion must be reflected on the order ticket.” Do You Need a California Attorney for an Unsuitable Investment Recommendation? Are you a West Hollywood, California investor who has suffered significant losses in your stock brokerage and investment accounts?  Did they recommend unsuitable securities transactions or strategies? Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. Free Initial Consultation With Experienced Lawyers Serving West Hollywood, California Residents in FINRA Securities Arbitrations Involving Unsuitable Investment Claims 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 California, 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. Se habla español 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 California citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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Boca Raton, Florida Lawyer Who Sues Stockbrokers For Unsuitable Investment Recommendations

Did Jeffrey Fladell Cause You Investment Losses? Jeffrey Fladell of Boca Raton, Florida submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member in all capacities for a period of three months. The sanctions were based on findings that he allegedly made unsuitable recommendations which resulted in overconcentration in high-yield municipal bonds in violation of MSRB Rule G-19. The suspension was in effect from April 5, 2021, through July 4, 2021. In October 2009, Jeffrey Fladell joined RBC Capital Markets LLC while registered as a General securities Representative and as a General Securities Principal. According to FINRA’s findings, Fladell repeatedly recommended that a customer over 100 years old, invest in bonds using both of her trust accounts that had an investment objective with low risk tolerance. The findings state that 86 percent of one trust account and 100 percent of the other consisted of risky high-yield municipal bonds within a year period due to the unsuitable recommendations. Although Jeffrey Fladell is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. MSRB Rule G-19 requires that a broker, dealer or municipal securities dealer “have a reasonable basis to believe that a recommended transaction or investment strategy involving a municipal security or municipal securities is suitable for the customer, based on the information obtained through the reasonable diligence of the broker, dealer or municipal securities dealer to ascertain the customer’s investment profile. A customer’s investment profile includes, but is not limited to, the customer’s age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the broker, dealer or municipal securities dealer in connection with such recommendation.” Do You Need a Florida Unsuitable Investment Recommendation Attorney? Are you a Florida investor who has suffered significant losses in your stock brokerage and investment accounts?  Did they recommend unsuitable securities transactions or strategies? Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. Free Initial Consultation With Experienced Lawyers Serving Boca Raton, Florida Residents in FINRA Securities Arbitrations Involving Unsuitable Investment Claims 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 Florida, 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. Se habla español 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 Florida citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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West Hempstead, New York Lawyer Who Sues Stockbrokers For Unsuitable Investment Recommendations

Did Edmund Zack Cause You Investment Losses? Edmund Zack of West Hempstead, New York submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $10,000, suspended from association with any FINRA member in all capacities for a period of eight months and ordered to pay $5,161 plus interest in deferred disgorgement of commissions received. The sanctions were based on findings that he allegedly made unsuitable recommendations, engaged in discretionary, excessive and quantitively unsuitable trading and caused his firm to maintain inaccurate books and records in violation of NASD Rule 2510(b), FINRA Rules 4511, 2111 and 2010. The suspension is in effect from April 5, 2021, through December 4, 2021. From June 2012 through October 2017, Edmund Zack was registered with Aegis Capital Corp. as a General Securities Representative. According to FINRA’s findings, Zack allegedly recommended that a customer trade in speculative, low-priced securities and increase his trading capacity, without having a reasonable basis to believe that the recommendation was in fact suitable considering the customers investment profile and limited investment experience. The findings state that the customer paid a total of $10,44 in commissions and suffered a loss of $11,357. The findings further state that Zack allegedly exercised discretionary trading in 27 customers accounts without authorization from both the customers and his firm and caused his firm to maintain inaccurate books and records by marking order tickets as solicited, when in fact they were not. Although Edmund Zack is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 2111 requires, among other things, a registered representative to have a  reasonable basis to believe that a recommended transaction or investment strategy is  suitable for a customer based on that customer’s specific investment profile. When  evaluating suitability, FINRA Rule 2111 requires a registered representative to consider, among other things, the customer’s investment objectives, risk tolerance, financial situation, and investment experience. FINRA Rule 4511 requires member firms to make and preserve books and records in conformity with Section 17(a) of the Exchange Act and Exchange Act Rule 17a-3. Rule 17a-3 requires firms to make and keep accurate records of, among other things, instructions for the purchase or sale of a security. A registered representative who enters inaccurate information on an order ticket causes his member firm to maintain inaccurate books and records in violation of Exchange Act § 17(a) and Exchange Act Rule 17a-3, and violates FINRA Rule 4511. NASD Rule 2510(b) prohibits registered representatives from exercising discretionary authority in a customer’s account unless the customer has given prior written authorization to the representative and the account has been accepted in writing by the representative’s member firm as a discretionary account. A violation of NASD Rule 2510(b) is also a violation of FINRA Rule 2010. Do You Need a New York FINRA Securities Arbitration Attorney? Are you a New York investor who has suffered significant losses in your stock brokerage and investment accounts?  Did they recommend unsuitable securities transactions or strategies? Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. Free Initial Consultation With Experienced Lawyers Serving West Hempstead, New York Residents in FINRA Securities Arbitrations Involving Unsuitable Investment Claims 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 New York, 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. Se habla español 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 New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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