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.
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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.