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30450 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Books and Records; Conflict of Interest; Disclosure to Clients; Client's Best Interest
Standard(s) Violated: Article Article 3(d); 4.4; 4.3; 2.2(b); 1.4; Article 3(a)
Matter Type(s): Regulatory Action; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: (a) seek best execution for clients when investing them in share classes that charged 12b-1 fees despite the availability of corresponding share classes without the fees; (b) disclose in his firm’s Forms ADV and advisory agreements the conflicts of interest that existed regarding his recommendations to clients of mutual funds that contained 12b-1 fees; and (c) perform required annual compliance reviews.


23714 – Anonymous Case History
Decision: Private Censure
Keyword(s): Advertising; Professional Discipline; Misrepresentation
Standard(s) Violated: Article 606(a); 606(b); 2.1; 6.5; 609; 201; Article 3(a); 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) prepared a financial review without holding a valid Certified Public Accountant (“CPA”) license, as required by state law; 2) communicated misleading information directly related to his professional qualifications and services when he advertised himself as a CPA despite not being licensed in the state in which he practiced; and 3) violated an agreement with the state requiring him to not represent himself as a public accountant and/or engage in the practice of accounting until he received a valid CPA license in the state.

24137 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fraud Related to Professional Activity; Customer Complaints; Professionalism; Client's Best Interest
Standard(s) Violated: Article 4.4; 2.1; 6.5; 4.5; 1.4
Matter Type(s): Civil Court
Decision Date: 12/06/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) obtained approval for a commission increase on a 401K plan from a company executive who did not normally approve such changes; and 2) recommended that officers of the company transfer management of their personal assets to Respondent’s new firm without disclosing that they would incur surrender charges.

24499 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Advertising
Standard(s) Violated: Article 2.1; Article 3(a); 6.5
Matter Type(s): Professionalism
Decision Date: 03/25/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he stated in two advertisements that: 1) he could guarantee a six percent rate of return; 2) he could design a portfolio so that a client would “never run out of money”; and 3) none of his clients had lost any money.

24933 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Disclosure to Clients; Fitness; Customer Complaints; Unauthorized Transaction; Professionalism; Diligence
Standard(s) Violated: Article Article 3(a); 4.4; 6.5; 2.2(b)
Matter Type(s): Client Dissatisfaction
Decision Date: 06/21/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) made unauthorized trades by liquidating a deceased client’s trust account causing the trust to incur commissions; 2) was unaware that the bank trustee could have contacted the broker-dealer directly to avoid transaction costs; and 3) agreed to accept $200,000 as a beneficiary of the client’s trust account, while maintaining his role advisor to the trust.

27092 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Commission/Compensation; Advertising; Employer Policy Violation; Misuse of the Marks; Client's Best Interest; Misrepresentation
Standard(s) Violated: Article 4.1; 2.1; 4.5; 6.1; Article 3(a); 6.5; 1.4; 4.3; 5.1; 4.4
Matter Type(s): Professionalism
Decision Date: 08/09/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) sold allegedly unsuitable insurance policies to his financial planning clients; 2) communicated to clients and prospective clients allegedly misleading information related to client testimonials, the registration status of his firm (“Respondent’s Firm”), and his compensation; 3) was terminated by Firm due to his use of client testimonials, failure to disclose outside business activities, and advertising violations; 4) violated State securities laws related to registration of his business entities, disclosure of outside business activities, client testimonials, and disclosure of his criminal charge to all regulatory bodies; 5) pleaded guilty to one misdemeanor count of Obtaining Contents of Communications; and 6) improperly used the CFP® marks in the Internet domain name www.respondentsnamecfp.com, the email addresses respondent@respondentsnamecfp.com and employee@respondentsnamecfp.com, and the Twitter handle @respondentsnameCFP and the corresponding Internet domain name https://twitter.com/#!/respondentsnamecfp.

28197 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): Professionalism
Decision Date: 04/18/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she represented her compensation structure as “fee-only” on a public search engine.

28263 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): CFP Board
Decision Date: 05/09/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she represented on her firm website that there were no conflicts of interest associated with her commission-based advice.

28295 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.1; 2.2(a); 6.5
Matter Type(s): Professionalism
Decision Date: 06/17/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation as “fee-only” and later as “salary.”

30876 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation
Standard(s) Violated: Article Article 3(d); 4.4; 4.3; 4.1; 2.1
Matter Type(s): Other Professional Discipline
Decision Date: 10/01/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he allocated block trades in a manner inconsistent with his firm’s disclosed trading policy.


30274 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article 2.1
Matter Type(s): Other
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he twice represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he: (a) was a licensed broker who is entitled to receive commissions; (b) was an insurance producer licensed to sell insurance products for commissions until September 2015; (c) earned commissions during the relevant period from September 2013 through July 2015; and (d) referred clients to related parties who earn commissions on product sales.

30270 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed and appointed to sell insurance products for commissions and received commissions for the sale of an insurance product.  


30265 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he twice represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed to sell insurance products for commission and received a commission for the sale of an insurance product.


30434 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Professional Discipline; Misrepresentation; Fiduciary Duty; Suitability
Standard(s) Violated: Article Article 3(d); Article 3(a); 4.3; 2.1; 1.4
Matter Type(s): Customer Complaint; Other Professional Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to act with the duty of care of a fiduciary when he charged clients an unreasonable investment advisory fee in violation of State law; and 2) failed to disclose the risks involved with Real Estate Investment Trusts (“REIT”) and non-traded REITs in his Form ADV Part 2 in violation of State law.


28945 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Securities Laws Violation; Professionalism
Standard(s) Violated: Article 2.1; 4.3; 4.4; 6.2; 6.5
Matter Type(s): FINRA Arbitration
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in investment advisory business in State without proper registration, resulting in a Consent Order from the State Securities Division; and 2) failed to disclose the Consent Order with State on his 2009, 2012 and 2014 CFP® certification Renewal Applications.

28972 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 2.1; 6.5; 2.2(a)
Matter Type(s): Professionalism
Decision Date: 07/31/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he misrepresented his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool.

29019 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): Professionalism
Decision Date: 11/20/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct (“Standards”) when he inaccurately disclosed his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function.

29042 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): Professionalism
Decision Date: 12/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly misrepresented his compensation method as “fee only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool.

29043 – Anonymous Case History
Decision: Private Censure
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): Professionalism
Decision Date: 04/29/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she disclosed her compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function despite her employment with Bank, which is affiliated with a broker-dealer.

29220 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation; Disclosure to Clients
Standard(s) Violated: Article 6.5; 2.1; 2.2(a)
Matter Type(s): CFP Board
Decision Date: 06/26/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly represented his compensation method as “fee only” on the “Find” search tool while registered with a broker-dealer that earns commissions for selling securities and while he still receives commissions for securities and insurance products that he previously sold.

29221 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): CFP Board
Decision Date: 04/29/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he disclosed his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function while registered as a registered representative with a broker-dealer and while receiving trailing commissions as a licensed insurance agent.

29230 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Fee-Only; Disclosure to Clients
Standard(s) Violated: Article 2.1; 6.5; 2.2(a)
Matter Type(s): CFP Board
Decision Date: 06/26/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly misrepresented his compensation method as “fee-only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool because Respondent is entitled to receive commissions as a registered broker with a broker-dealer (“BD”) and received commissions.

29234 – Anonymous Case History
Decision: Private Censure
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): CFP Board
Decision Date: 04/13/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he disclosed his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function while serving as a registered representative of a broker-dealer.

29235 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): CFP Board
Decision Date: 04/24/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he disclosed his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function, while registered as a registered representative and while receiving commissions from insurance sales.

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