Page 1 of 1 , 10 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.


28285 – Anonymous Case History
Decision: Suspension
Keyword(s): Conflict of Interest; Professional Discipline; Outside Business Activity; Commission/Compensation; Employer Policy Violation; Client's Best Interest
Standard(s) Violated: Article 2.2(b); 6.5; 1.4; 5.1; 4.4; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 09/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in an outside business activity without providing notice and receiving prior written approval from his Firm; and 2) falsely certified to his broker-dealer that he was not engaged in outside business activity.

29246 – Anonymous Case History
Decision: Suspension
Keyword(s): Fiduciary Duty; Misrepresentation; Commission/Compensation; Conflict of Interest; Professional Discipline; Suitability; Securities Laws Violation
Standard(s) Violated: Article 4.5; 2.1; 2.2(a); 2.2(b); 4.3; 1.4; Article 3(d)
Matter Type(s): Other Professional Discipline
Decision Date: 10/01/2018
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct by making material misstatements and omissions to their clients while recommending that the clients invest in what was found to be a Ponzi-like investment scheme.


28815 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability; Client's Best Interest; Arbitration; Professional Discipline; Misrepresentation; Professionalism
Standard(s) Violated: Article 703; 202; 704; 606(a); 607; 201; 606(b); 6.5; 6.2
Matter Type(s): Other Professional Discipline; Other Arbitration
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she 1) recommended a client invest 75% of her IRA funds in a risky, illiquid alternative investment; 2) recommended and facilitated the sale of interests in six unregistered, real estate investment contracts to 55 of her clients; 3) facilitated the sale of investments without reasonable grounds to believe that the recommendation was suitable for her customers; and 4) failed to disclose a government investigation and a client-related civil suit on her 2011 Renewal Application.

28898 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Professionalism
Standard(s) Violated: Article 5.1; 6.5; 6.2
Matter Type(s): Other Professional Discipline
Decision Date: 11/20/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he instructed his sales assistant to complete an on-line continuing education program on his behalf.

28945 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Securities Laws Violation; Professionalism
Standard(s) Violated: Article 2.1; 4.3; 4.4; 6.2; 6.5
Matter Type(s): FINRA Arbitration
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in investment advisory business in State without proper registration, resulting in a Consent Order from the State Securities Division; and 2) failed to disclose the Consent Order with State on his 2009, 2012 and 2014 CFP® certification Renewal Applications.

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.

29680 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Professional Discipline; Misrepresentation; Securities Laws Violation; Outside Business Activity
Standard(s) Violated: Article 4.3; 5.1; 6.2; 3.7; 6.5; 4.4
Matter Type(s): Regulatory Action
Decision Date: 12/04/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) participated in at least three separate outside business activities without providing prior notice to, or receiving approval from, his employer member firms; 2) loaned money to three individuals who were Respondent’s clients, in violation of firm policy; 3) presented a private securities transaction to clients in which eight clients ultimately invested without seeking or obtaining written approval from his employer member firms; 4) provided false information and false documents to FINRA; and 5) represented to his employer in a compliance questionnaire that he was not participating in any outside business activities that required disclosure and that he had not participated in any private securities transactions when he was involved in outside business activities and private securities transactions.

29800 – Anonymous Case History
Decision: Suspension
Keyword(s): Disclosure to CFP Board; Professional Discipline; Bankruptcy; Failure to Notify CFP Board
Standard(s) Violated: Article 2.1; 5.1; 4.3; 6.2; 6.5
Matter Type(s): Regulatory Action
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) from January 2010 through December 2010, held himself out to the public, and practiced as a CPA when he was not currently licensed; and b) failed to timely amend his Form U4 to disclose a personal bankruptcy filing.

29948 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Employer Policy Violation; Professional Discipline; Securities Laws Violation; Failure to Notify CFP Board
Standard(s) Violated: Article 6.5; 6.2; Article 3(e)
Matter Type(s): Criminal; Regulatory Action
Decision Date: 07/22/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when (a) he copied drivers licenses of “extraordinary persons” in violation of State law, (b) State criminally convicted him of a misdemeanor, which resulted in a felony charge from State, (c) he failed to promptly disclose to Firm 1 that he had been charged with a felony, (d) he failed to amend his Form U4, in violation of Financial Industry Regulatory Industry, Inc. (“FINRA” formerly known as the National Association of Securities Dealers or “NASD”) Rule 2010 and NASD Rule 3070(b), (e) the State Securities Division concluded that Respondent was not of “good business repute” and denied Respondent’s State securities salesperson license and investment adviser representative license applications, (f) Firm 1 terminated Respondent’s employment because of his criminal indictment, and (g) Firm 2 terminated Respondent’s employment due to the State Securities Division’s Order of Denial.

Page 1 of 1 , 10 Items in Total