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30547 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Failure-to-Disclose-to-Firm; Client's Best Interest; Fiduciary Duty; Failure-to-Supervise
Standard(s) Violated: Article Article 3(g); Article 3(a); 6.1; 4.6; 5.1; 4.3; 6.5; 1.4
Matter Type(s): Employer-Investigation
Decision Date: 06/01/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) failed to properly supervise subordinates, resulting in one subordinate being named as a beneficiary of several clients’ accounts, creating a conflict of interest; (2) was named as a beneficiary in several client accounts, in violation of firm policy; and (3) failed to disclose and obtain approval from his firm after he was named as a beneficiary of both client and non-client accounts.


30421 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Record-Keeping; Fraud Related to Professional Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): Termination
Decision Date: 06/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he maintained blank documents that were pre-signed by his clients in order to facilitate transactions for clients. 
 

30537 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Court Order Violation; Misappropriation; Breach of Contract; Arbitration
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 3.1
Matter Type(s): Civil Suit; Civil Court; AAA Arbitration
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) took client information from his old firm to a new firm without authorization from either the old firm or the clients; (2) breached his contract with the old firm by taking client information to a new firm and failing to timely notify the old firm of his resignation; and (3) failed to make payments on a breach of contract judgment issued by a court with appropriate jurisdiction.

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.


28882 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Diligence; Employer Policy Violation; Misrepresentation
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.4
Matter Type(s): Customer Complaint; Client Dissatisfaction
Decision Date: 06/01/2014
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) executed a trade for a client at a later time and date than the client original requested; 2) misstated to the client his firm’s policy on management fees charged on cash balances; 3) directed his assistant to falsely state on a membership renewal application that he had no customer complaints within the last five years when he did; and 4) accepting a trade for a client via email.


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.

25775 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Customer Complaints; Misrepresentation; Employer Policy Violation; Securities Laws Violation
Standard(s) Violated: Article 406; 5.1; 6.5; Article 3(a); 704; 102; 201; 607; 4.4; 606(b); 606(a)
Matter Type(s): Client Dissatisfaction; Other Professional Discipline
Decision Date: 07/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) stated an annual income figure for a client on that client’s account application which he knew to be inaccurate, causing his firm’s books and records to be inaccurate and in violation of NASD Rules 3110 and 2110; 2) recommended to a client that she purchase a variable universal life insurance policy with an annual premium of $10,000 when Respondent knew that the client was unemployed; and 3) was placed on heightened supervision by his firm for violation of the firm’s lending policy and for failure to comply with firm policies and procedures relating to following pre-approval restrictions by accepting a trade on a client’s account from an unauthorized third party; and 4) was terminated by his firm for violating firm policy regarding use of discretion and accepting a trade from an unauthorized party.

26250 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 5.1; 6.5; 4.3; 4.4
Matter Type(s): Client Dissatisfaction
Decision Date: 08/13/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) used discretion in client accounts without obtaining prior written authorization from the clients and prior written acceptance of their accounts as discretionary from his firm; 2) was suspended by the Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known that the National Association of Securities Dealers or “NASD”); and 3) reported his FINRA suspension more than 30 days after receiving notification of the suspension.

27004 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Employer Policy Violation; Forgery
Standard(s) Violated: Article 5.1; Article 3(a); 6.5; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 03/07/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he violated his firm's policies and Financial Industry Regulatory Authority, Inc. ("FINRA", formerly known as the National Association of Securities Dealers or "NASD") Rule 2012 and NASD Rule 3110(a) by signing a client's initials to a switch letter.

27640 – Anonymous Case History
Decision: Denied But Allow Reapplication
Keyword(s): Bankruptcy; Fitness
Standard(s) Violated: Article 6.5; 4.4; 4.1; 5.1; 4.3; Article 3(a)
Matter Type(s): Civil Court
Decision Date: 07/20/2012
Summary: Whether a candidate for CFP® certification (“Respondent”) could be certified when his employer terminated him because he sold fixed-indexed annuities outside without his employer’s approval, and in violation of his employer’s policy.

27686 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 4.6; 5.1; 4.3; 4.4; 6.5
Matter Type(s): Client Dissatisfaction
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when 1) he retained signed incomplete documents in 34 client files in violation of his broker dealer’s documents signature policy; 2) he failed to direct his assistant to remove incomplete documents from the client files; and 3) his broker dealer terminated his registration.

27983 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Employer Policy Violation
Standard(s) Violated: Article 6.5; 5.1
Matter Type(s): Other Professional Discipline
Decision Date: 04/11/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was terminated in March 2012 by Firm for taking a mandatory annuity training course on behalf his supervisor (“Supervisor”) in November 2011.

28146 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline; Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article 6.5; 5.1; 4.3; 4.4
Matter Type(s): FINRA Discipline
Decision Date: 03/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she knowingly allowed a client to impersonate her daughter during a phone call with an insurance company, which lead to Respondent’s termination by his Firm and a 2012 Financial Industry Regulatory Authority, Inc. (“FINRA”) Letter of Acceptance, Waiver and Consent (“AWC”).

28183 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Employer Policy Violation
Standard(s) Violated: Article 5.1; 4.3; 4.4; 6.5
Matter Type(s): Professionalism
Decision Date: 11/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he exercised discretion in entering orders for a client’s account without obtaining prior written discretionary authority, thereby violating his firm’s policy and National Association of Securities Dealers (“NASD,” now known as the Financial Industry Regulatory Authority or “FINRA”) Rule 2510 and FINRA Rule 2010.

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.”

28377 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline; Failure to Notify CFP Board
Standard(s) Violated: Article 6.5; 6.1; 5.1
Matter Type(s): FINRA Discipline
Decision Date: 08/09/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) entered into a Letter of Acceptance, Waiver and Consent (“AWC”) with the Financial Industry Regulatory Authority, Inc. (“FINRA”) wherein she consented to a 30-day suspension for failing to properly disclose her 2010 Chapter 13 Bankruptcy on her Form U4 and 2) failed to notify CFP Board of the FINRA suspension.

28497 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Forgery; Employer Policy Violation
Standard(s) Violated: Article 6.5; 1.4; Article 3(a); 5.1; 4.4
Matter Type(s): Professionalism
Decision Date: 09/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he used a client’s authentic signature from a Traditional Individual Retirement Account (“IRA”) Adoption Agreement to forge an IRA Distribution Form in violation of firm policy.

28574 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Unauthorized Transaction; Customer Complaints; Professional Discipline; Disclosure to CFP Board
Standard(s) Violated: Article 6.5; 5.1; 4.4; 4.3; 1.4
Matter Type(s): FINRA Discipline
Decision Date: 11/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct he used discretion to buy bond funds for a client’s account, without obtaining prior written authorization from the client and prior written acceptance of the account as discretionary from his firm, in violation of National Association of Securities Dealers (“NASD” now known as the Financial Industry Regulatory Authority, Inc. of “FINRA”) Conduct Rule 2510(b) and FINRA Rule 2010.

28675 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fraud Related to Professional Activity; Employer Policy Violation; Professionalism
Standard(s) Violated: Article 4.3; 4.4; 5.1; 6.5
Matter Type(s): Professionalism
Decision Date: 05/14/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he had his clients sign blank Automated Customer Account Transfer (“ACAT”) forms.

28765 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 5.1; 6.5
Matter Type(s): FINRA Discipline
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) submitted a materially false and inaccurate business expense report to his former employer; 2) used his former employer’s confidential client information by diverting business to his new employer while hiding his new employer’s identity; and 3) used a personal email account to communicate with customers about business-related matters; and 4) failed to report a professional discipline to CFP Board within 30 days.

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.


30894 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Forged-Client-Signatures; Fraud Related to Professional Activity
Standard(s) Violated: Article Article 3(a); 4.3; 5.1
Matter Type(s): FINRA Discipline
Decision Date: 06/12/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she signed three customer names on documents and submitted the documents to the customers’ annuity carrier.


30788 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Settlement; Employer Policy Violation; Private-Securities-Transaction; Outside Business Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.4; 4.3
Matter Type(s): Employer Action; FINRA Discipline
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) exceeded the scope of his pre-approved outside business activities (“OBAs”) by providing services to a company amounting to day-to-day management; (2) engaged in two undisclosed OBAs (i.e., managing a consulting firm and a family member’s LLC); and (3) engaged in a private securities transaction for the family member’s LLC without his firm’s prior approval. 

29763 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Customer Complaints; Employer Policy Violation
Standard(s) Violated: Article Article 3(d); 5.1; 4.3; 3.4; Article-13.4; Article-13.1; 1.4; Article 3(a)
Matter Type(s): Employer Action; Customer Complaint; FINRA Discipline; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) violated his firm’s policy by twice failing to report outside business activities and obtaining the firm’s approval to engage in such activities; and 2) failed to clearly identify the assets over which he was to exercise investment discretion and exercised discretion in the client’s accounts on approximately 10 occasions without written discretionary authorization from the client.


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