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30674 – Anonymous Case History
Decision: Private Censure
Keyword(s): Settlement; Client-Agreement-Forms; Record-Keeping
Standard(s) Violated: Article Article 3(a); 4.3
Matter Type(s): Regulatory Action
Decision Date: 06/01/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to produce completed client Agreements for five clients to a state regulatory division.


15982 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Disclosure to Clients; Fitness; Customer Complaints; Arbitration; Employer Policy Violation; Professionalism
Standard(s) Violated: Article 606(b); 201; 406; 606(a); 607; Article 3(a); 701; 102
Matter Type(s): FINRA Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to clarify his lack of involvement in recommending and endorsing a particular investment to his clients; and 2) executed transactions on a client’s behalf without first confirming that the proper written authorization was in place.

16836 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Record-Keeping; Client Neglect; Suitability; Arbitration
Standard(s) Violated: Article 701; 201; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 04/07/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) implemented an aggressive investment strategy for an elderly client (“Client”); 2) did not inform the Client that she had unrealistic investment expectations; 3) did not review the Client’s accounts after implementing the investment; and 4) did not respond to the Client’s calls.

19410 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to Clients; Diligence
Standard(s) Violated: Article 701; Article 3(a); 201; 607
Matter Type(s): FINRA Arbitration
Decision Date: 12/05/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he recommended that his client sign an individual retirement account liquidation form without first discussing the consequences with her.

19875 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Fitness; Professionalism; Fraud Related to Professional Activity; Misrepresentation; Professional Discipline; Advertising; Disclosure to Clients
Standard(s) Violated: Article 102; 401(a); 402; 201; 606(a); Article 3(a); 606(b); 607; 101(b)
Matter Type(s): Professionalism
Decision Date: 07/22/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she knowingly offered securities despite inaccurate financial projections set forth in a private placement memorandum.

20942 – Anonymous Case History
Decision: Private Censure
Keyword(s): Record-Keeping; Client Neglect; Diligence; Customer Complaints
Standard(s) Violated: Article 201; Article 3(a); 701
Matter Type(s): Professionalism; Client Dissatisfaction
Decision Date: 11/06/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not notify a client (“Client”) that he would not be preparing her tax returns, and did not follow up with the Client regarding her tax returns.

21362 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Misrepresentation; Diligence; Disclosure to Clients
Standard(s) Violated: Article 606(b); 701; 201; 401(a); Article 3(a); 607
Matter Type(s): Civil Court
Decision Date: 12/05/2008
Summary: Whether a CFP® certificant ("Respondent") violated CFP Board’s Standards of Professional Conduct when he did not inform his client (“Client”) of a change in the federal tax law that negatively affected a retirement plan Respondent and his partner had implemented for the Client.

21547 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to Clients; Suitability; Commission/Compensation; Conflict of Interest; Client's Best Interest
Standard(s) Violated: Article Article 3(a); 607; 202; 201; 401(a)
Matter Type(s): FINRA Arbitration
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when she: 1) invested the majority of a client’s investment funds in a long-term contract when one of the client’s goals was liquidity; 2) did not inform the client of a federal tax benefit that would allow for liquidity; 3) did not disclose information about fees, charges or commissions regarding a variable annuity in which she invested the client’s funds; and 4) did not disclose to the client that Respondent was only authorized to sell long-term care insurance policies for one company.

21781 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Record-Keeping; Conflict of Interest; Securities Laws Violation; Professional Discipline; Disclosure to Clients
Standard(s) Violated: Article 607; 606(b); 606(a); 406
Matter Type(s): SEC Discipline
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he caused his firm to violate record-keeping provisions of the Investment Advisers Act of 1940.

22437 – Anonymous Case History
Decision: Private Censure
Keyword(s): Other Ethics; Settlement
Standard(s) Violated: Article 607; 602; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 02/26/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not pay another CFP® certificant for services rendered.

22798 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Professional Discipline; Forgery; Settlement; Record-Keeping; Disclosure to CFP Board
Standard(s) Violated: Article 102; 201; 406; 607; Article 3(g); 606(b); Article 3(a)
Matter Type(s): FINRA Arbitration
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he placed an incorrect date, at his client’s request, next to his branch office manager’s signature on several documents.

23037 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Customer Complaints; Fitness; Client's Best Interest; Disclosure to Clients; Fraud Related to Professional Activity; Lawsuits Involving Financial Matters; Professionalism; Misrepresentation
Standard(s) Violated: Article 409; 607; Article 3(a); 606(b); 102; 201; 606(a); 202
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 failed to inform his financial planning client that he was renting her property below the market price and that he exercised discretionary authority over her online account without obtaining prior written authorization from the client and principal approval from Respondent’s firm.

23335 – Anonymous Case History
Decision: Private Censure
Keyword(s): Unauthorized Transaction; Disclosure to Clients; Professionalism; Diligence; Breach of Contract; Arbitration
Standard(s) Violated: Article Article 3(a); 606(b); 201; 701; 607
Matter Type(s): FINRA Arbitration; Client Dissatisfaction
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he repeatedly purchased securities in a non-discretionary account without authorization from the client (“Client”).

23825 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Outside Business Activity; Diligence; Settlement; Employer Policy Violation; Disclosure to Clients; Customer Complaints
Standard(s) Violated: Article 701; Article 3(a); 406; 606(b); 607; 201
Matter Type(s): Client Dissatisfaction
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to add a living benefit rider to an annuity as requested by two clients; 2) represented that an annuity had a principal guarantee when the guarantee existed only upon death; and 3) failed to disclose his outside fixed annuity business to his employer.

24706 – Anonymous Case History
Decision: Private Censure
Keyword(s): Conflict of Interest; Disclosure to Clients; Client's Best Interest; Diligence
Standard(s) Violated: Article 4.4; 1.4; 4.1; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 08/21/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: 1) communicate with Husband and Wife appropriately regarding conflicts with representing both after he became aware of their potential divorce; and 2) appropriately respond to Wife’s inquiries and subsequent check processing by failing to inform her that Husband refused to consent to the sale of investments to cover a large check.

25882 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Disclosure to Clients
Standard(s) Violated: Article Article 3(a); 6.5; 4.4; 5.1
Matter Type(s): Client Dissatisfaction
Decision Date: 09/12/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he disseminated index performance charts that had not been approved by his employer for public dissemination.

26763 – Anonymous Case History
Decision: Private Censure
Keyword(s): Record-Keeping; Fitness; Diligence; Misrepresentation; Professional Discipline
Standard(s) Violated: Article 6.5; Article 3(a); 5.1
Matter Type(s): SEC Discipline
Decision Date: 04/26/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he was censured and fined by the Securities and Exchange Commission ("SEC") for: 1) failing to ensure that his firm ("Firm") maintained complete and accurate employee records; 2) instructing an associated person to backdate employment-related documents; and 3) knowingly submitting the backdated documents to the SEC without disclosing that they were backdated.

28383 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Record-Keeping; Professional Discipline
Standard(s) Violated: Article 4.3; 6.5
Matter Type(s): Other Professional Discipline
Decision Date: 09/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) violated State Law by failing to file financial statements for his registered investment advisor for fiscal years 2009, 2010, and 2011 no later than 90 days after the end of each year; and 2) failed to respond to two requests for information filed by CFP Board.

30764 – Anonymous Case History
Decision: Private Censure
Keyword(s): Custody-of-Client-Funds; Failure-to-Supervise; Record-Keeping; Books and Records
Standard(s) Violated: Article 4.1; Article 3(d); Article 3(a)
Matter Type(s): Other Professional Discipline; Regulatory Action
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to maintain proper books and records, failed to provide proper custody of client funds, and failed to verify the credentials of a colleague that were posted on Respondent’s business website. 
 

30777 – Anonymous Case History
Decision: Private Censure
Keyword(s): Failure-to-Maintain-Net-Capital; Record-Keeping; Books and Records; Settlement; Custody-of-Client-Funds
Standard(s) Violated: Article Article 3(a); 4.3
Matter Type(s): Regulatory Action
Decision Date: 02/05/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) took action with client funds while having custody of such; (2) failed to have his firm maintain net capital of at least $25,000 for one fiscal year; (3) failed to notify a state regulatory body within 24 hours of his firm’s deficient net capital and to suspend business operations upon the net capital deficiency; (4) failed to have his firm submit audited financial statements to a state regulatory body for two fiscal years; (5) failed to prepare and maintain true, accurate, and current firm records; and (6) failed to have his firm file an amended Form ADV. 
 

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.

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.

29328 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Failure to Register; Supervision; Disclosure to Clients
Standard(s) Violated: Article 4.6; 6.5; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) allowed an employee to act as an investment adviser representative without registration as an investment adviser representative; 2) failed to ensure that Firm’s annual updating amendments to the Form ADV were filed timely; 3) failed to ensure that Firm provided accurate account statements; 4) failed to amend his Form U4 timely to reflect the change of his residential address; 5) failed to ensure that Firm’s owners were properly disclosed on Form ADV; 6) failed to supervise Firm and his designee, JE, by virtue of his failure to ensure that the firm’s requisite annual reviews were conducted annually (i.e., 2011 and 2012), and when they were conducted (i.e., 2009 and 2010), they were reasonably designed to detect the numerous failures cited by SSC; and 7) entered into the Order with the SSC regarding violations of state securities laws and regulations.

29696 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Disclosure to Clients
Standard(s) Violated: Article 2.1
Matter Type(s): Other
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation method as “fee-only” while having active appoints as an insurance agent and related parties were earning commission compensation.

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