Florida Stockbroker Misconduct Lawyer - Law Offices of Robert Wayne Pearce

Mar 11, 2020

Kalos Capital Inc. Fined and Former Representative Darren Michael Kubiak Suspended for Misconduct

Kalos Capital Inc. and Darren Michael Kubiak submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which Kalos Capital was fined for allegedly failing to supervise Darren Michaels unsuitable recommendations all in violation of NASD Rules 3010(a) and 3010(b) and FINRA Rules 3110(a), 3110(b), 2111 and 2010. Darren M. Kubiak joined Kalos Capital as an investment company and variable contracts products representative in January 2007. According to FINRA Kubiak recommended the purchase of Leveraged and Inverse Exchange Traded Funds (LIETFs) to 17 customers without having a sufficient understanding of the risks and features. The FINRA findings stated that the customers only held the LIEFTs for 722 days during which they incurred losses of $98,000. FINRA also stated that the Kalos Capital Inc. failed to ensure Kobiak had reasonable basis to recommend the LIEFT’S and failed to enforce its supervisory system designed to ensure compliance of laws, regulation, NASD and FINRA Rules in relation to the sales. In addition, FINRA stated that Kalos Capital failed to provide training to all representatives before permitting them to sell the product.

Apr 17, 2019

Former General Securities Corp. Stockbroker Barred for Misconduct

Noel Carino of Blue Springs, Missouri submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he has been barred for allegedly refusing to provide documents and information requested violating FINRA Rules 8210 and 2010. From August 2006 until October 2017, Carino was registered with General Securities Corp. as a General Securities Representative. According to FINRA, Carino violated FINRA Rules 8210 and 2010 by failing to provide documents and information requested. FINRA stated that Carino refused to provide information during a FINRA investigation into whether he engaged in outside business activities without written notice to his firm, whether he engaged in private securities transactions, and whether he reported all outside brokerage accounts in which he had an interest in the firm. FINRA further stated that they sent out two letters on separate dates to acquire the information requested and Carino allegedly failed to comply both times.

Mar 13, 2019

UBS Stockbroker Suspended for Unsuitable Trading

David Howard Fagenson of Palm Beach Gardens, Florida submitted a Letter of Acceptance, Waiver, and Consent (AWC) in which Fagenson was fined and suspended by the Financial Industry Regulatory Authority (FINRA) for allegedly engaging in quantitatively unsuitable trading in the accounts of three seniors. From September 2010 until October 2016, Fagenson was registered with UBS Financial Services Inc. (UBS) as a General Securities Representative. According to FINRA, between January 2012 and September 2016, Fagenson engaged in excessive and unsuitable trading of the accounts of three customers. FINRA stated that these customers had not proposed any trades and allowed Fagenson de facto control over the accounts. The FINRA findings found that Fagenson’s actions led to major losses in each customer’s account. The account held by one of the customers incurred losses of $283,314, while the other, belonging to the married couple, incurred losses of $239,000. In conclusion, FINRA also stated that Fagenson received $470,000 in commission from these accounts. On March 16, 2018, Respondent Fagenson filed a Chapter 7 bankruptcy petition pursuant to Title 11, United States Code. Accordingly, no monetary sanction is being assessed in this matter.

Feb 6, 2019

Former Ameriprise Stockbroker Suspended for Failing to Follow Firm’s Policies

Robert Rushby Humberston of Longmeadow, Massachusetts submitted a Letter of Acceptance, Waiver and Consent (AWC) in which he was assessed a deferred fine of $5,000 and suspended by the Financial Industry Regulatory Authority (FINRA) for a period of three months. In September 2014, Robert Humberston joined Ameriprise Financial Services as a General Securities Representative. FINRA stated that from September 2016 through January 2018, Humberston violated FINRA Rule 2010 in which he failed to comply with his firms’ policies and procedures requiring him to disclose that one of his customers had designated him as a beneficiary of her estate. According to FINRA, when Humberston found out that the elderly customer had died and left him 10 percent of her estate, he failed to notify his firm or seek revocation of the bequest. FINRA also stated that Humberston notified his firm after receiving the funds totaling $96,662, but only after he deposited them directly in his personal bank account. Humberston allegedly declined to return the funds and instead resigned.

Jan 4, 2019

Sisk Investment Services Stockbroker Barred for Misconduct

On September 25, 2018 an Officer of Hearing Officers (OHO) decision became final against Matthew Evan Eckstein in which he was barred from association with any FINRA member in all capacities and ordered to pay $961,781 in restitution to four customers. Eckstein allegedly violated Section 10(b) of the Exchange Act and Exchange Act Rule 10b-5 along with NASD Rule 3040, FINRA Rules 2111, 2020, 2010, and 8210. According to FINRA, Eckstein made false and misleading statements in connection with purchases and sales of securities. FINRA stated that Eckstein recommended four customers invest a total of $1.36 million in a company run by one of his close friends along with persuading one of his customers to liquidate $300,000 in mutual fund holdings in order to invest in the issuer. FINRA also stated that Eckstein failed to disclose any information regarding the investment and did not give the customers any written material or other agreement memorializing the customers’ purchases, rather that the undocumented transactions appeared to have been a scheme run by Eckstein’s friend. FINRA further found that after Eckstein left his firm to start his own business, he caused his past firm to violate FINRA’s applicable books and records rule by failing to preserve any communication and account summaries that he created and sent to some customers. During the investigation, Eckstein failed to respond to five requests for documents and information.

Jan 2, 2019

Wells Fargo Stockbroker Suspended for Unsuitable Recommendations

Richard Stephen Hughes submitted a submitted of Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for unsuitable recommendations. In October of 2011, Hughes registered as a General Securities Representative and General Securities Principal with Wells Fargo. According to FINRA, between April 2015 and May 2016 Hughes made unsuitable recommendations to a customer resulting in short-term switches between Unit Investment Trusts (UITs) and Class A-share mutual funds. The findings stated these recommendations were unsuitable because of the frequency and cost of the transactions. The findings also stated that the customer’s account incurred over $34,000 in excessive commissions and fees and that Hughes created a script containing false statements for the customer to use if contacted by the firm about the transactions made. Hughes’ conduct violated FINRA Rules 2111 and 2010.

Dec 19, 2018

NTB Financial Corporation Broker Suspended

George Louis McCaffrey III, a former registered stockbroker submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he has been fined and suspended for participating in private securities transactions. McCaffrey was registered with NTB Financial Corporation as a general securities representative and agent from July 1989 until his termination in October 2017. According to FINRA, Mr. McCaffrey participated in a total of 22 undisclosed private transactions, in which ten investors purchased $1,775,000 in debt and equity securities without first providing notice to his firm. The findings stated that McCaffrey introduced these customers to representatives of a greenhouse building and leasing company, so they would make an investment. McCaffrey allegedly reviewed and edited the documents for the investment and forwarded investment-related documents to the customers. The findings stated that the investors purchased $1,775,000 in promissory notes and McCaffrey received $124,250 in commissions from these transactions. In addition, FINRA stated McCaffrey incorrectly indicated that he had not participated in private securities transactions.

Dec 17, 2018

Former Morgan Stanley Broker Suspended for Unsuitable Trading of UITs

Lloyd Thomas Layton, a former registered stockbroker submitted a Letter of Acceptance, Waiver and Consent (AWC) by the Financial Industry Regulatory Authority (FINRA) for allegedly engaging in an unsuitable pattern of short-term trading of unit investment trusts (UITs). Layton was registered from June 2009 to March 2015 as a General Securities Representative of Morgan Stanley. According to FINRA, Layton repeatedly engaged in an unsuitable pattern of short-term trading of UITs in a total of 54 customer accounts. Mr. Layton allegedly recommended that these customers purchase then sell their UITs before their maturity date. In addition, Layton also recommended his customers to use the proceeds from a short term sell of a UIT and purchase another with similar or identical investment objectives. Due to Layton’s unsuitable recommendations, his customers incurred unnecessary charges.

Dec 14, 2018

Wells Fargo Advisor Suspended for Private Transaction Violation

Earle Clement Tingley, a former registered representative with Wells Fargo, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was in violation of Rule 3240(a), assessed a deferred fine of $5,000 and suspended for 45 days. According to FINRA, Tingley was a general securities representative of Wells Fargo Advisors (WFA) from January 2008 until May 2014. He registered with FINRA through Wells Fargo Advisors Financial Network (WFAFN). In May of 2018, WFAFN filed a U-5 form disclosing Tingley’s Termination. During his time with WFA, Tingley allegedly borrowed $35,000 from a customer without notifying or seeking approval from his firm. The findings also stated that Mr. Tingley did repay the customer prior to detection by his firm but did not document the loan or terms for repayment.

Sep 21, 2017

Allstate Financial Broker Suspended by FINRA for Selling Unapproved Insurance Products

David Panetta, a representative formerly employed with Allstate Financial Services, LLC (Allstate), 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 engaged in outside business activities without his firm’s approval. FINRA’s findings state that while employed by Allstate, David M. Panetta, of Clark, New Jersey, sold nine unapproved insurance products through an entity unaffiliated with Allstate. Mr. Panetta allegedly received $12,000 in compensation for the prohibited sales, but failed to disclose the sales or his compensation to his member firm. Further, FINRA found that Mr. Panetta falsely answered “no” on the firm annual attestations to the questions asking if he had any outside business activities or accepted compensation from any unapproved entity. Mr. Panetta was assessed a deferred fine of $7,500 and suspended from association with any FINRA member in any capacity for two months. The suspension was in effect from June 5, 2017 through August 4, 2017.