LPL Financial - Law Offices of Robert Wayne Pearce

Jun 19, 2020

LPL Financial Stockbroker Brian Lawrence Stephan Suspended for Misconduct

Brian Lawrence Stephan submitted an Offer of Settlement to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for allegedly recommending unsuitable investments and provided false information on his firm’s mutual fund exchange forms in violation of FINRA Rules 4511, 2111 and 2010, and NASD Ruled 2310. From November 2003 through August 27, 2014, Brian Lawrence Stephan was registered with LPL Financial LLC as a General Securities Representative. According to the FINRA findings, from May 2012 through May 2014, Stephan recommended and caused the execution of unsuitable investments in 20 different mutual fund families for an elderly customer. The findings stated the recommendations were unsuitable because the customer could have received a discount in sales charges by approximately $30,000 if she were to invest in larger amounts across fewer fund families. Based on the FINRA findings, Stephan lacked any reasonable basis, caused the customer to incur excessive sales and received $60,000 in commissions for the transactions. In addition to the findings, Stephan allegedly mismarked the transactions as unsolicited and provided false information on his firm’s mutual fund exchange forms.

May 20, 2020

Former LPL Financial Representative Sean Waggoner Suspended and Fined

Sean Waggoner of Houston, Texas submitted a Letter of Acceptance, Waiver, and Consent (AWC) to the Department of Enforcement of the Financial Industry Regulatory Authority for failing to disclose outside securities transactions. Waggoner was formerly registered as an Investment Company and Variable Contracts Products Representative through LPL Financial. FINRA alleged that between 2010 and 2016, Waggoner made at least eight private securities transactions without prior written notice to his firm. FINRA and NASD Rules require prior written notice to the member firm if you are engaging in private securities transactions. FINRA alleged that Waggoner violated NASD Rule 3050 and FINRA Rule 2010. Without admitting or denying the FINRA findings Waggoner agreed to the sanctions and was suspended from association with any FINRA member for two months, fined $10,000, and ordered to take additional education concerning registered representative responsibilities.

Apr 3, 2020

Former LPL Financial LLC Representative Scott Patrick Klor Suspended for Misconduct

Scott Patrick Klor of Midlothian, Texas submitted a Letter of Acceptance, Waiver, and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for allegedly engaging in unapproved private transactions in violation of NASD Rule 3040 and FINRA Rule 2010. In March 2011, Scott Patrick Klor registered with LPL Financial LLC as a General Securities Representative and General Securities Principal. According to FINRA , Klor solicited investors, including some of his firm customers, to form an LLC to purchase a variable life insurance policy for $1.4 million on the life of an elderly individual with a terminal illness. The findings stated that the transaction was structured as a viatical settlement and Klor did not notify his firm of his involvement. FINRA stated that Klor used his Firm email account to communicate with investors and received a four-percent interest in the LLC. According to FINRA, when the insured passed away the death benefit on the policy was worth less than invested and the investors who owned 90 percent of the LLC lost over $200,000. Additionally, Klor allegedly made false statements on the Firm’s annual compliance questionnaires when asked whether he had ever participated in a viatical settlement.

Feb 13, 2019

LPL Financial Stockbroker Barred for Misconduct

Bradley Everett Gardner of Fort Bragg, California submitted a Letter of Acceptance, Waiver and Consent (AWC) in which he was barred by the Financial Industry Regulatory Authority (FINRA) for allegedly converting customer funds in violation of FINRA Rules 2150(a) and 2010. In February 2012, Bradley Garner joined LPL Financial LLC as a General Securities Representative. According to FINRA, in a Form U5, the firm reported Mr. Gardner’s voluntary resignation following allegations that he accepted a client check made payable to himself. The findings stated that Mr. Garner allegedly told his customer she could pre-pay her fees at a discounted rate if she wrote a check payable to him in the amount of $7,400. FINRA also stated that when the customer accepted, he took the check and deposited it into his personal bank account for his own use. When the firm discovered what had happened, Mr. Garner reimbursed the customer the $7,400 and was then terminated.

May 4, 2018

LPL Financial Representative Suspended for Misrepresenting CDs

Mark Brian Degner, of Shady Cove, Oregon, submitted a Letter of Acceptance, Waiver, and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for negligently making material misstatements regarding the sale of 20-year CDs to elderly customers. According to FINRA, the customers suffered losses of approximately $75,000 as a result of investing in the misrepresented CDs. FINRA found that, while employed by LPL Financial LLC, Mark Degner misrepresented 20-year interest rate-linked CDs to his customers by stating that the CDs were not subject to any survivor benefit limitations when, in fact, they were. The survivor benefits of the CDs were subject to a limitation that restricted the amount of early redemptions among purchasers. While the issuer’s disclosure statement disclosed this information, Mr. Degner failed to review this information and recommended that his customers purchase CDs totaling $685,000. As a result of the survivor benefit limitation, the estates of two of the customers were not able to fully redeem their CDs and suffered losses of approximately $75,000. Without admitting or denying FINRA’s findings, Mark Degner was fined $7,500 and suspended for 20 business days. The suspension was in effect from March 5, 2018 through April 2, 2018.

Oct 4, 2017

LPL Broker Permanently Barred for Failing to Respond to FINRA Investigation into Alleged Fraud and Unsuitability Claims

Roger Zullo, a former registered representative with LPL Financial LLC, has been barred by the Financial Industry Regulatory Authority (FINRA) for refusing to produce information and documents requested by FINRA in connection with an investigation into allegations of fraud, falsifying client suitability profiles and unsuitable variable annuity sales. FINRA’s investigation arose from a complaint, and subsequent Consent Order, by the Massachusetts Securities Division against Mr. Zullo and LPL Financial. FINRA began an investigation in January 2017 following allegations made in the complaint filed by the Massachusetts Securities Division. That complaint alleged that Mr. Zullo, of Boston, Massachusetts, “fabricated the financial suitability profiles of numerous LPL clients, selling them scores of large, illiquid, unsuitable, high-commission variable annuities, at substantial upfront profits to himself and LPL.” Further, the complaint alleged that Mr. Zullo prematurely switched out his clients’ existing annuities (which were also sold by Mr. Zullo), caused unnecessary surrender charges, and disregarded his clients’ investment profiles at an enormous profit to himself and LPL. The complaint states, “Over the course of three years, Zullo and LPL received more than $1,825,000 in variable annuity commissions alone; of this amount, more than $1,791,000, or 98%, represented commissions from the sale of the same annuity product, the Polaris Platinum III (B Shares) variable annuity.”

Apr 10, 2017

FINRA Suspends LPL Financial Broker for Unsuitable Mutual Fund Trading

Steve Dale Heath, of Newport News, Virginia, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly executing unsuitable mutual fund trades, including switches, in the account of an elderly customer with conservative investment goals, causing the customer to suffer losses of approximately $7,207. FINRA alleged that Steve Heath recommended and effected short-term mutual fund trades in the account of an elderly customer. Mutual funds are intended as longer-term investments. However, Mr. Heath allegedly recommended selling after only 249 days on average. Further, some of the trades involved mutual fund switches, which were allegedly unsuitable for his customer in light of the customer’s conservative investment objectives. Mutual fund “switching” is simply the process of transferring an investment from one mutual fund to another, sometimes for good reasons and other times to defraud clients. Some brokers attempt to effect numerous switches in client accounts in order to generate commissions.

Feb 23, 2017

LPL Financial Broker Suspended for Unsuitable Recommendations to Elderly Widow

Scott Goldman, a stockbroker formerly registered with LPL Financial Corporation (LPL Financial), submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined $10,000 and suspended for 20 days for allegedly making unsuitable recommendations of a leveraged, overconcentrated precious metals investment to an elderly widow. According to FINRA, Mr. Goldman used several different investment strategies (referred to as “Champion Models” by Mr. Goldman) in which he invested his customers’ accounts in mutual funds with a mutual fund family or through subaccounts of a variable annuity. FINRA found that one of Mr. Goldman’s Champion models was the “Champion Precious Metals Model,” which was identified as the most risky due to the fact that it was concentrated in the volatile precious metals sector. Further, the Champion Precious Metals Model used leveraged mutual funds, furthering the risk to investors.

Jan 23, 2017

LPL Financial Broker Barred by FINRA for Participating in Private Securities Transactions

Michael Babyak Jr. II, a former registered representative with LPL Financial LLC of Mine Hill, New Jersey, submitted a Letter of Acceptance, Waiver, and Consent in which he was permanently barred by the Financial Industry Regulatory Authority (FINRA) for allegedly engaging in private securities transactions without notifying his member firm. Without admitting or denying FINRA’s findings, Michael Babyak Jr, of Randolph, New Jersey, was found to have solicited four LPL customers in a $4.25 million investment into a limited liability company (LLC) that he set up. FINRA found that Mr. Babyak established the LLC into which the investors’ funds were pooled, was listed as the LLC’s registered agent, obtained a tax identification number, arranged for legal representation, and assisted in wiring funds from LPL accounts to the borrower and the LLC’s bank account.

Dec 27, 2016

Former LPL Financial Broker Suspended for Unsuitable UIT Recommendations

Mark Tauzin, a former registered representative with LPL Financial LLC submitted a Letter of Acceptance, Waiver and Consent (AWC) in which he was suspended and assessed a deferred fine of $20,000 by the Financial Industry Regulatory Authority (FINRA) for engaging in unsuitable short-term trading of front-loaded Unit Investment Trusts (UITs) which resulted in sales charges to the customers of more than $316,000. According to FINRA, Mark Tauzin, of Lafayette, Louisiana, effected 215 UIT transactions in the accounts of 14 households that were sold within a 12 month time period. UITs are not designed to be used as trading investments, particularly not to be used for short-term trading, and typically carry significant upfront charges. As a result of Mr. Tauzin’s unsuitable UIT transactions, the customers incurred sales charges of $316,840.50 and Mr. Tauzin received $205,115.02 in commissions.