David Weisberg of Brooklyn, New York 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 excessive and unsuitable trading in violation of NASD Rule 2510(b) and FINRA Rules 2111 and 2010.
From 2016 to 2019, David Weisberg was registered with Worden Capital Management as a general securities representative. According to the FINRA findings, Weisberg persuaded a seventy-three-year old customer to open a margin account and made certain recommendations that involved in-and-out trading. The FINRA findings stated that Weisberg allegedly used discretion in the customer’s account, made twenty-one unauthorized transactions and failed to track the trading costs or take them into consideration. In addition, due to the excessive and unsuitable trading the customer lost approximately $55,627, while Weisberg received commissions of $75,638.
Without admitting or denying FINRA’s findings, David Weisberg was assessed a deferred fine of $7,500, suspended from association with any FINRA member in all capacities for 11 months, ordered to pay deferred disgorgement in the amount of $55,627, plus interest, ordered to pay deferred disgorgement of commissions received in the amount of $20,011, plus interest, and required to complete 10 hours of continuing education about excessive trading. The suspension is in effect from May 4, 2020, through April 3, 2021.
FINRA Rule 2111 requires associated persons who control a customer’s account to have a reasonable basis for believing that any series of recommended securities transactions, taken together, is not excessive and unsuitable for the customer in light of his or her investment profile, which includes factors such as risk tolerance and time horizon. While no single metric determines whether trading is excessive, trading has often been deemed excessive if its cost-to-equity ratio is greater than twenty percent. NASD Rule 2510(b) prohibits registered persons from “exercising any discretionary power in a customer’s account unless such customer has given prior written authorization to a stated individual or individuals and the account has been accepted by the member.”
Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from excessive and unsuitable trading and/or other misconduct by their broker can file claims to recover damages against broker-dealers, like Worden Capital Management, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct.
Have you suffered losses in your Worden Capital Management account due to excessive & unsuitable trading by your broker? Was David Weisberg your stockbroker? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Worden Capital Management stockbrokers who may have engaged in broker misconduct and caused investors’ losses.
The most important of investors’ rights is the right to be informed! This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 40 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at firstname.lastname@example.org for answers to any of your questions about this blog post and/or any related matter.