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22598 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Failure to Notify CFP Board; Settlement; Misdemeanor; DUI/DWI
Standard(s) Violated: Article Article 3(a); Article 3(c); Article 3(e); 607
Matter Type(s): Criminal Court
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he pleaded guilty to a Driving Under the Influence charge in 2008, and did not notify CFP Board within 10 days of his criminal conviction.

22601 – Anonymous Case History
Decision: Private Censure
Keyword(s): Negligence; Diligence
Standard(s) Violated: Article Article 3(a); 201; 701; 606(b); 607
Matter Type(s): Civil Court
Decision Date: 11/28/2011
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) prepared complex legal instruments for a mentally impaired individual ("Client") he had never met; 2) did not conduct an assesment of the Client's mental capacity prior to having her execute the legal instruments; and 3) had the Client execute legal instruments she did not and could not fully comprehend.

22631 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Professional Discipline; Misdemeanor; Settlement
Standard(s) Violated: Article 607; 606(a); Article 3(a)
Matter Type(s): Criminal Court
Decision Date: 08/18/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he: 1) pleaded guilty to shoplifting in 1988; and 2) entered into a Consent Order with a state banking and insurance agency in 1998.

22655 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misdemeanor; Settlement; Disclosure to CFP Board
Standard(s) Violated: Article Article 3(c); 607; Article 3(g); Article 3(a)
Matter Type(s): Criminal Court
Decision Date: 02/26/2009
Summary: Whether an applicant for CFP® certification violated CFP Board’s Standards of Professional Conduct when he failed to disclose his involvement in a misdemeanor theft on his Initial Certification Application.

22747 – Anonymous Case History
Decision: Private Censure
Keyword(s): Felony-Non-Violent Crime; Professional Discipline; Fitness
Standard(s) Violated: Article 607; Article 3(c); 606(a); Article 3(a)
Matter Type(s): Civil Court; Criminal Court
Decision Date: 12/15/2009
Summary: Whether a candidate for CFP® certification (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was convicted of a felony and did not disclose the felony conviction as required by his state department of insurance.

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.

22820 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Fitness
Standard(s) Violated: Article 606(b); Article 3(a); 201; 607
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 promised to personally make the client whole after the client sustained alleged losses on a free withdrawal from an annuity.

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.

23113 – Anonymous Case History
Decision: Private Censure
Keyword(s): Arbitration; Bankruptcy; Failure to Repay Loan to Firm; Professionalism
Standard(s) Violated: Article Article 3(a); 607
Matter Type(s): Civil Court; Other Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he filed for Chapter 7 Bankruptcy as a result of his inability to pay back a loan to his employer (“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”).

23702 – Anonymous Case History
Decision: Private Censure
Keyword(s): Judgment Lien; Bankruptcy; Settlement; Fitness
Standard(s) Violated: Article Article 3(a); 607
Matter Type(s): Civil Court; Client Dissatisfaction
Decision Date: 03/29/2010
Summary: Whether an applicant for reinstatement of his CFP® certification violated CFP Board’s Standards of Professional Conduct when he filed for Chapter 13 Bankruptcy in 2005 and was the subject of a 2008 judgment lien.

23777 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Suitability; Fitness; Customer Complaints; Professional Discipline
Standard(s) Violated: Article Article 3(a); 201; 606(b); 607; 606(a)
Matter Type(s): Other Professional Discipline
Decision Date: 08/11/2010
Summary: Whether a candidate for CFP® certification (“Respondent”) violated CFP Board’s Standards of Professional Conduct when his recommendation resulted in 70% of the clients’ assets being invested in annuities.

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.

24019 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Professional Discipline; Employer Policy Violation; Professionalism
Standard(s) Violated: Article 406; 606(a); 607; 606(b); 6.5; 201; Article 3(a)
Matter Type(s): Professionalism
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to file the required documentation regarding brief remarks at a cocktail party (“Presentation”); and 2) failed to disclose to his firm and a state regulator that he conducted the Presentation.

24020 – Anonymous Case History
Decision: Private Censure
Keyword(s): Competency; Fitness; Professionalism; Professional Discipline; Diligence
Standard(s) Violated: Article 606(a); Article 3(a); 201; 302; 606(b); 609; 607
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 she prepared a legal document without being authorized to practice law.

24375 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to CFP Board; Misrepresentation
Standard(s) Violated: Article 606(b); Article 3(a); 201; 607
Matter Type(s): Civil Court
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he solicited investors’ participation in a real estate investment by contacting the investors using the name of a his firm, which was seeking its investment advisor registration.

24467 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Professional Discipline; Employer Policy Violation; Fraud Related to Professional Activity; Fitness; Forgery
Standard(s) Violated: Article Article 3(d); 406; Article 3(a); 102; 607; Article 3(e)
Matter Type(s): Other Professional Discipline
Decision Date: 08/11/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended that the clients over-concentrate their assets in annuities.

25123 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Commission/Compensation; Employer Policy Violation; Professional Discipline; Misrepresentation; Outside Business Activity
Standard(s) Violated: Article 408; 606(a); 201; 607; 407(a); Article 3(a); 102; 406; 606(b)
Matter Type(s): Other Professional Discipline
Decision Date: 03/25/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) transacted business in the State without being properly registered as an agent of the issuer; 2) offered and sold unregistered securities of the issuer; and 3) entered into a Letter of Engagement with Controlling Company, in violation of his broker-dealer’s internal policy.

25530 – Anonymous Case History
Decision: Private Censure
Keyword(s): Arbitration; Suitability; Disclosure to CFP Board
Standard(s) Violated: Article 607; 703; 201; 606(b); 6.3; 102; 202
Matter Type(s): FINRA Arbitration
Decision Date: 04/03/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) sold a client a variable annuity, which resulted in the concentration of the client’s assets in variable annuities and 10% early withdrawal penalties on the client’s monthly withdrawals; 2) held himself out as a financial planner providing comprehensive financial planning services but did not provide financial planning services to the client; and 3) failed to notify CFP Board of a change in his contact information within 45 days, in violation of Rule 6.3.

25939 – Anonymous Case History
Decision: Private Censure
Keyword(s): Outside Business Activity; Professionalism; Professional Discipline
Standard(s) Violated: Article 6.4; Article 3(d); 607; 606(b); 406; 606(a); 407(a); Article 3(a)
Matter Type(s): FINRA Discipline
Decision Date: 10/20/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to disclose outside business activities to his employer.

25940 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to CFP Board; Professionalism; Professional Discipline; Supervision
Standard(s) Violated: Article 606(a); 607; Article 3(a); Article 3(e); 201; Article 3(d); 606(b); 701
Matter Type(s): FINRA Discipline
Decision Date: 10/17/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to ensure that a registered representative under his supervision disclosed his participation in a Stock to Cash program after learning that the representative had ignored his prior instruction to make such disclosure; 2) failed to supervise a registered representative’s performance of the representative’s suitability and due diligence obligations when recommending Stock to Cash to customers; and 3) violated NASD Conduct Rules 3010 and 2110 and was suspended by FINRA from acting in a principal capacity for 15 business days.

26931 – Anonymous Case History
Decision: Private Censure
Keyword(s): Forgery; Judgment Lien; Customer Complaints
Standard(s) Violated: Article 6.5; 201; 607; 4.3; 4.4
Decision Date: 04/11/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) assisted a client with obtaining restitution from an insurance company after taking two withdrawals in an Annuity contract year with the knowledge that it would reduce the guaranteed withdrawal benefits of the Annuity; and 2) altered dates on a client document.

27037 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Forgery; Suitability; Securities Laws Violation; Employer Policy Violation; Failure to Notify CFP Board
Standard(s) Violated: Article 606(a); 202; 6.5; 405; 607; 606(b); 201; 701; 406
Matter Type(s): FINRA Arbitration
Decision Date: 09/13/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) sold 20,000 stock put options in SH and YH’s account, resulting in a total unrealized loss of $430,000 and a realized loss of almost $2 million; 2) charged SH and YH full commissions on their trades when they should have been entitled to discounted rates based on the size of their investment accounts; 3) charged SH and YH an exorbitant fee of 8% a year; 4) altered the clients’ new account forms with White-out, causing Firm to retain and preserve altered records and causing him to be suspended by Financial Industry Regulatory Authority (“FINRA”) for violation of firm policy and National Association of Securities Dealers (“NASD”) Conduct Rules 2110 and 3110; and 5) failed to report his FINRA suspension within 30 days.

27424 – Anonymous Case History
Decision: Private Censure
Keyword(s): Bankruptcy
Standard(s) Violated: Article 607; Article 3(a)
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he filed for Chapter 13 Bankruptcy in 2007.

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