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31039 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Professionalism; Professional Discipline; Forgery; Forged-Client-Signatures
Standard(s) Violated: Article 5.1; 4.4; 4.3
Matter Type(s): Termination; Employer Action; Customer Complaint; Professional Organization Disciplinary Action; FINRA Discipline
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he altered customer signatures on automated customer account transfer forms and mutual fund switch forms to process transactions.


31059 – Anonymous Case History
Decision: Bar-from-Taking-CFP-Certification-Exam
Keyword(s): Employer Policy Violation; Settlement; Misrepresentation; Certification-Exam
Standard(s) Violated: Article Candidate-NDA-Violation; Application-Agreement-Violation
Matter Type(s): Exam
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated the terms of the CFP® Exam Application and CFP Board’s Non-Disclosure Agreement for Candidates by engaging in exam-related misconduct when she (a) forged two documents indicating that she had passed the CFP® Exam when she had not; (b) communicated to her superiors and several colleagues that she had passed the CFP® Exam when she had not; and (c) asked for a pay raise based on her misrepresentation that she passed the CFP® Exam.


31185 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability; Professional Discipline; Unreasonable-Assumptions; Fiduciary Duty; Due-Diligence; Client Neglect
Standard(s) Violated: Article Article 3(d); 4.5; 4.3
Matter Type(s): Employer-Investigation; FINRA Arbitration
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he made recommendations for short-term trading of Unit Investment Trusts that were unsuitable in view of the frequency and cost of the transactions, which caused clients to incur unnecessary sales charges.


31311 – Anonymous Case History
Decision: Deny Reinstatement
Keyword(s): Employer Policy Violation; Reinstatement
Matter Type(s): Employer-Investigation; Employer Action; Criminal
Decision Date: 02/01/2019
Summary:

Whether a former CFP® professional met his burden to prove by clear and convincing evidence that he had been rehabilitated after a five year suspension when he (1) failed to provide any letters of reference from current clients or customers, supervisors, or colleagues to prove that his conduct since his suspension had been beyond reproach, and (2) failed to demonstrate that he had a proper understanding of CFP Board’s Standards of Professional Conduct (“Standards”). 


25468 – Anonymous Case History
Keyword(s): Diligence; Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article 6.5
Matter Type(s): Civil Court
Decision Date: 10/10/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) advised a client verbally and in documentation that the client owned assets the client did not actually own; and 2) shared in the client's losses to conceal the losses from the firm.

30758 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Professional Discipline; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); Article 3(d); 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 altered documents already signed by clients, which resulted in employment termination and a FINRA suspension. 

30419 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Books and Records; Employer Policy Violation
Standard(s) Violated: Article Article-13.4; Article-13.1; Article 3(d); Article 3(a); 4.6; 4.3
Matter Type(s): Employer Action; 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 failed to reasonably supervise his assistant, who had primary responsibility for preparing and processing applications and other account paperwork for customers.  Respondent’s assistant (a) altered documents relating to customer accounts, including by reusing signatures from forms that previously had been completed by customers, (b) caused the falsified forms to be maintained in the customers’ files, and (c) falsified documents to expedite transactions as an accommodation to customers (the firm’s compliance manual prohibited altering documents in the manners employed). 


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.


30420 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Forgery; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); Article 3(d); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action; FINRA Discipline
Decision Date: 10/25/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he had clients sign blank or undated forms and allowed staff to “white-out” dates on those forms in order to reuse them for mutual fund exchanges.


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.


11045 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Failure to Respond to CFP Board; Professional Discipline; Employer Policy Violation; Diligence; Court Order Violation; Fitness
Standard(s) Violated: Article 406; 606(b); 607; 606(a); 701; 201
Matter Type(s): Client Dissatisfaction
Decision Date: 03/26/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he did not respond to a complaint issued to him by CFP Board.

12594 – Anonymous Case History
Decision: Suspension
Keyword(s): Professionalism; Churning; Misrepresentation; Professional Discipline; Bankruptcy; Suitability; Forgery; Employer Policy Violation; Customer Complaints; Fraud Related to Professional Activity; Unauthorized Transaction; Fitness; Disclosure to Clie
Standard(s) Violated: Article 2.1; 606(a); Article 3(a); 606(b); 201; 607; 406; 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) was the subject of at least five customer arbitrations alleging unsuitability, unauthorized trading, misrepresentation, churning, fraud and violations of both state and federal securities laws; 2) was alleged to have falsified customer account documents; 3) was permitted to resign from his firm due to unacceptable business practices; and 4) filed for Chapter 7 Bankruptcy.

14399 – Anonymous Case History
Decision: Suspension
Keyword(s): Record-Keeping; Failure to Notify CFP Board; Outside Business Activity; Previous Discipline; Conflict of Interest
Standard(s) Violated: Article 406; Article 3(a); 606(a); Article 3(e); 607; 606(b); 407(a)
Matter Type(s): FINRA Arbitration; Civil Court
Decision Date: 08/10/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he conducted outside business activities without disclosing them to his employer and without obtaining his employer’s approval.

15250 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Arbitration; Misrepresentation; Professional Discipline; Disclosure to CFP Board; Suitability; Employer Policy Violation
Matter Type(s): FINRA Arbitration
Decision Date: 04/04/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he was named in two customer complaints that resulted in a National Association of Securities Dealers arbitration.

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.

16502 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fraud-Other; Unauthorized Transaction; Disclosure to Clients; Professionalism; Misrepresentation; Employer Policy Violation; Professional Discipline; Securities Laws Violation; Diligence
Standard(s) Violated: Article 406; 606(a); Article 3(a); 102; 704; 606(b); 607; 201; 701
Matter Type(s): Civil Court
Decision Date: 11/10/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold promissory notes without receiving prior approval from his firm, resulting in: 1) a National Association of Securities Dealers (“NASD”) bar; 2) two terminations; and 3) two civil suits being filed against him.

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.

17262 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Diligence; Professionalism; Disclosure to CFP Board; Employer Policy Violation; Professional Discipline; Supervision; Arbitration; Customer Complaints
Standard(s) Violated: Article 406; 606(a); 606(b); Article 3(a); Article 3(d); 607; Article 3(e); 201
Matter Type(s): Client Dissatisfaction; FINRA Discipline; FINRA Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) allowed a Financial Industry Regulatory Authority (“FINRA”) member firm (“Firm”), of which he was the Chief Compliance Officer, to participate in securities offerings during its suspension without satisfying the requirements of the suspension; 2) allowed a representative of the Firm (“Representative”) to act as a principal when the Representative had been suspended by the National Association of Securities Dealers (“NASD,” now known as FINRA) from acting in any principal capacity; 3) processed commissions from securities offerings through a non-member company; and 4) was subject to three FINRA arbitrations and one state securities division investigation.

17604 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Professional Discipline; Professionalism; Advertising; Failure to Respond to CFP Board; Settlement; Failure to Register
Standard(s) Violated: Article 607; 201; 102; Article 3(f); 401(b); 606(a); 101(a); 401(a)
Matter Type(s): Professionalism
Decision Date: 08/08/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not respond to a Settlement Offer issued to him by CFP Board.

19399 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Advertising; Failure to Respond to CFP Board; Professionalism; Failure to Cooperate with Staff
Standard(s) Violated: Article 607; 201; Article 3(f); Article 3(a); 602
Matter Type(s): Professionalism
Decision Date: 03/06/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he solicited financial professionals through an e-mail that contained unprofessional language.

19834 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Misrepresentation; Professionalism; Professional Discipline; Diligence; Fraud Related to Professional Activity
Standard(s) Violated: Article 606(a); 606(b); 406; 102; Article 3(a); 201; 607; 701
Matter Type(s): FINRA Discipline
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he obtained waivers of Contingent Deferred Sales Charges (“CDSCs”) for approximately 14 customers by claiming that these customers were disabled, when, in fact, they were not.

19872 – Anonymous Case History
Decision: Suspension
Keyword(s): Fitness; Misrepresentation; Advertising; Disclosure to Clients; Professional Discipline; Fraud Related to Professional Activity; Diligence
Standard(s) Violated: Article Article 3(a); 101(b); 201; 402; 607; 606(b); 102; 606(a); 705; 401(a)
Matter Type(s): Professionalism
Decision Date: 03/26/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he knowingly offering securities despite inaccurate financial projections set forth in a private placement memorandum.

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.

19994 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Outside Business Activity; Misrepresentation; Disclosure to Clients; Employer Policy Violation; Failure to Respond to CFP Board; Conflict of Interest
Standard(s) Violated: Article Article 3(a); 201; 409; 406; 607; 102; Article 3(f); 606(b); 407(a); 408
Matter Type(s): Professionalism; Client Dissatisfaction; Civil Court
Decision Date: 04/07/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when she sold an interest-bearing promissory note to her client (“Client”) that she represented to the Client as a limited liability interest in a real estate investment venture.

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