Page 1 of 1 , 16 Items in Total
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.


30618 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Outside Business Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he engaged in an outside business activity without properly reporting the outside business activity to, and obtaining approval from, his Firm. 


30535 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Securities Laws Violation; Selling Away
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold an investment to clients of his firm without providing prior written notice of his participation in the transaction or obtaining his firm’s written approval to participate in the transaction. 


30255 – Anonymous Case History
Decision: Suspension
Keyword(s): Unauthorized Transaction; Employer Policy Violation; Failure to Notify CFP Board; Professional Discipline
Standard(s) Violated: Article Article 3(e); 5.1; 4.3; Article 3(g); Article 3(d); Article 3(a)
Matter Type(s): Regulatory Action
Decision Date: 02/28/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he participated in private securities transactions by investing and facilitating investments for six other investors, including clients without providing his firm with written notice of, or receiving approval to participate in, the private securities transactions.

30621 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Securities Laws Violation; Record-Keeping; Professional Discipline; Disclosure to Clients; Books and Records
Standard(s) Violated: Article Article 3(a); 4.3
Matter Type(s): Regulatory Action
Decision Date: 10/25/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she violated the State administrative code by: a) excluding the formula used to calculate the advisory fee on its invoices; b) failing to concurrently send invoices at the time the advisory fee was deducted; c) taking action to withdraw funds when failing to comply with safekeeping requirements; d) failing to maintain net capital of at least $25,000; e) failing to notify the State within 24 hours of its deficient net capital and to suspend business operations during the time of the net capital deficiency; f) failing to amend multiple items on its Form ADV; and g) failing to file timely financial statements.

30640 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline; Unauthorized Transaction
Standard(s) Violated: Article 4.3; 5.1; Article 3(a); Article 3(d); Article 3(g)
Matter Type(s): FINRA Regulatory Action
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he exercised discretion without written authorization in numerous customer accounts. 


30577 – Anonymous Case History
Decision: Private Censure
Keyword(s): Conflict of Interest
Standard(s) Violated: Article Article 3(a); 4.4; 4.3; 4.1
Matter Type(s): Other Professional Discipline
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) filed a separate tax return for WF for 2013 after receiving a request by BS to file jointly and without informing BS that WF requested Respondent file a separate tax return for that tax year; and 2) improperly assessed a BS a fee for his services.  


30519 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Borrowing from Client; Professional Discipline
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he accepted cash gifts from a client and provided false responses on three quarterly compliance questionnaires regarding the receipt of cash gifts from customers


30478 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Professional Discipline; Forgery
Standard(s) Violated: Article Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) had a client sign a blank document and then copied that signature onto other client documents; and 2) had knowledge of, and permitted his branch office administrator to engage in, the same activity for multiple clients. 


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.


29793 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Outside Business Activity; Failure to Cooperate with Staff
Standard(s) Violated: Article Article 3(d); Article 3(a); 6.1; 5.1; 4.4; 4.3
Matter Type(s): Regulatory Action; FINRA Discipline; FINRA Regulatory Action
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) charged 47 advisory clients a “one-time set up fee” when they opened their accounts, despite the fact that he had been informed by his supervisor that he could not charge such fees; (2) charged 32 clients for his services in preparing their tax returns and received payment directly from the clients; (3) received commissions for selling insurance products directly from outside insurance carriers; and (4) failed to contact his former firm to request information related to the an arbitration, thereby failing to fully cooperate with CFP Board’s investigation and obstructing CFP Board’s staff in the performance of their duty.  


30010 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Unauthorized Transaction; Misrepresentation; Failure to Notify CFP Board; Churning
Standard(s) Violated: Article Article 3(e); Article 3(d); Article 3(a); 5.1; 4.4; 4.3; 3.4
Matter Type(s): Sales Practice Violations; FINRA Discipline; FINRA Regulatory Action; Failure to Disclose to CFP Board; Customer Complaint to Firm
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) exercised discretion in the clients’ accounts without written discretionary authorization from the clients; 2) churned the clients’ accounts; 3) exercised discretion in the clients’ accounts without written discretionary authorization from the clients; 4) falsely informed a client that the total commissions owed to him and his firm would be the same whether they paid fees based on a percentage of the assets under management or fees based on each transaction executed in the accounts; 5) failed to disclose a regulatory action to State within 30 days; and 6) failed to report this suspension of a professional license to CFP Board within the required 30 calendar days


28992 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Professional Discipline; Securities Laws Violation; Outside Business Activity; Employer Policy Violation
Standard(s) Violated: Article 401(a); 4.3; 406; 4.1; 4.4; 2.2(b); 606(a); 201; 1.4; 407(a)
Matter Type(s): Professionalism
Decision Date: 04/07/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in outside business activities (“OBAs”) without provide notice to, and obtaining approval from, his firm in accordance with ICP’s procedures; 2) served in a fiduciary capacity as either a primary or successor trustee, or attorney-in-fact for clients without adequately disclosing to the clients how those roles might conflict with his position as their financial advisor; 3) encouraged and assisted a client to make him the beneficiary of the client’s annuity without adequately disclosing the conflict of interest created between Respondent serving as the client’s financial advisor and being designated as the beneficiary of one of the client’s assets; and 4) advised clients not to seek advice regarding the conflict of interest of making him the fiduciary of their estate and/or trust a beneficiary.

30197 – Anonymous Case History
Decision: Suspension
Keyword(s): Failure to Notify CFP Board; Employer Policy Violation; Suitability; Professional Discipline
Standard(s) Violated: Article 4.5; 5.1; 4.3; Article 3(a); Article 3(g); Article 3(d); Article 3(e)
Matter Type(s): Regulatory Action; Termination
Decision Date: 04/10/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to make and/or implement only recommendations that are suitable for the client by recommending and selling an unsuitable investment to a brokerage customer who lost money on an investment he admitted was inconsistent with her goals and objectives.

30309 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Employer Policy Violation; Commission/Compensation; Professional Discipline
Standard(s) Violated: Article 6.5; 4.3
Matter Type(s): Regulatory Action
Decision Date: 04/07/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to provide testimony as requested by Financial Industry Regulatory Authority, Inc. (“FINRA”), which resulted in a bar from associating with any FINRA member in any capacity; and 2) failed to timely disclose the FINRA bar to CFP Board.

Page 1 of 1 , 16 Items in Total