Page 1 of 1 , 11 Items in Total
22305 – Anonymous Case History
Decision: Suspension
Keyword(s): Diligence; Employer Policy Violation; Conflict of Interest; Borrowing from Client
Standard(s) Violated: Article Article 3(a); 406; 201; 606(b); 409; 607
Matter Type(s): Professionalism; Civil Court
Decision Date: 04/06/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) accepted a $100,000 loan from a client, which violated his firm's policy against borrowing from clients; 2) failed to repay the client's loan according to the original terms of the promssory note; 3) failed to disclose any potential conflicts of interest and the risks associated with the promissory note; 4) failed to determine whether the promissory note he executed with his client was appropriate for his client; 5) allowed the client to purchase a piece of real estate for Respondent's benefit; and 6) failed to disclose any potential conflicts of interest and the risks associated with the client's purchase of a piece of real estate.

25775 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Customer Complaints; Misrepresentation; Employer Policy Violation; Securities Laws Violation
Standard(s) Violated: Article 406; 5.1; 6.5; Article 3(a); 704; 102; 201; 607; 4.4; 606(b); 606(a)
Matter Type(s): Client Dissatisfaction; Other Professional Discipline
Decision Date: 07/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) stated an annual income figure for a client on that client’s account application which he knew to be inaccurate, causing his firm’s books and records to be inaccurate and in violation of NASD Rules 3110 and 2110; 2) recommended to a client that she purchase a variable universal life insurance policy with an annual premium of $10,000 when Respondent knew that the client was unemployed; and 3) was placed on heightened supervision by his firm for violation of the firm’s lending policy and for failure to comply with firm policies and procedures relating to following pre-approval restrictions by accepting a trade on a client’s account from an unauthorized third party; and 4) was terminated by his firm for violating firm policy regarding use of discretion and accepting a trade from an unauthorized party.

26286 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Outside Business Activity; Fraud Related to Professional Activity; Employer Policy Violation; Supervision; Securities Laws Violation; Misrepresentation
Standard(s) Violated: Article 606(a); 607; 201; 606(b); 102; 408
Matter Type(s): FINRA Discipline
Decision Date: 02/14/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) falsely denied that he acted in a fiduciary capacity for firm customers and had a financial interest in any customer accounts on his firm's compliance questionnaies on seven occasions; and 2) entered into a settlement with the Financial Industry Regulatory Authority, Inc. ("FINRA," formerly know as the National Association of Securities Dealers or "NASD") in which he consented to the entry of findings that he violated NASD Conduct Rule 2110, a one-year suspension from association with any FINRA member in any capacity, and a $10,000 fine.

26425 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Outside Business Activity; Client's Best Interest; Employer Policy Violation; Borrowing from Client
Standard(s) Violated: Article 406; 407(a); 201; 606(b); Article 3(a); 607; 409
Matter Type(s): Other Professional Discipline
Decision Date: 02/14/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) issued two promissory notes to a client in connection with a real estate-related outside business activity without prior approval from his firm; and 2) was terminated by his firm for issuing the promissory notes.

26853 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Forgery; Employer Policy Violation; Outside Business Activity; Fraud Related to Professional Activity; Securities Laws Violation
Standard(s) Violated: Article 606(a); 406; 701; 407(a); Article 3(a); 201; 704; 102; 401(a); 607; 606(b)
Matter Type(s): FINRA Discipline
Decision Date: 02/14/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he 1) failed to provide his firm ("Broker-Dealer") with notice of his involvment in private securities transactions with a managed currency program ("Fund"), in violation of National Association Securities Dealers ("NASD", now known as the Financial Industry Regulatory Authority, Inc. or "FINRA") Conduct Rules 3040 and 2110; 2) recommended and sold investments that were not approved by Broker-Dealer and that were outside the scope of his employment with Broker-Dealer; 3) used an outside email accout to skirt Broker-Dealer's internal controls; 4) informed his clients that the Fund was a safe investment when it was not safe; 5) signed a customer's name to account related documnets without the customer's knowledge or consent at least 16 times, in violation of NASD Conduct Rule 2110; 6) did not disclose his compensation arrangement to clients; 7) did not disclose the referral fees he received for directing clients' investments to the Fund; 8) was suspended by FINRA for violating NASD Conduct Rules 3040 and 2110; and 9) had his securities license revoked by the State Securities Division for failing to respond to the State's Order to Show Cause.

26856 – Anonymous Case History
Decision: Suspension
Keyword(s): Employer Policy Violation; Diligence; Unauthorized Transaction
Standard(s) Violated: Article 606(a); Article 3(d); 201; 701; Article 3(a); 606(b); Article 3(e); 406
Matter Type(s): FINRA Discipline
Decision Date: 02/14/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) exercised unauthorized discretion in client accounts by failing to confirm clients' authorization of trades on the dates the trades were executed; 2) exercised unauthorized discretion in client accounts by executing trades without written authorization to exercise discretion and acceptance of the accounts as discretionary by his firm; and 3) failed to execute a trade in a client's account after being directed to do so by the client.

26886 – Anonymous Case History
Decision: Suspension
Keyword(s): Court Order Violation; Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 606(b); 602; 102; 201; 607
Matter Type(s): CFP Board
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) sent anonymous letters to former clients falsely identifying himself as a former Compliance Officer with a broker-dealer; 2) denied, under oath, any involvement in writing the anonymous letters during his deposition testimony, but later admitted that he answered falsely under oath and knew the answers were false when he provided the original testimony; and 3) violated the terms of a preliminary injunction prohibiting him from contacting former clients, resulting in a Contempt of Court Order, three-day jail term and $500 fine.

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.

27322 – Anonymous Case History
Decision: Suspension
Keyword(s): Forgery; Failure to Notify CFP Board; Employer Policy Violation
Standard(s) Violated: Article 102; 607; 606(a); 201; Article 3(g); 606(b); Article 3(a); 612
Matter Type(s): Other Professional Discipline
Decision Date: 08/28/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conductwhen he: 1) signed a client’s name on account documents without proper authorization; 2) was terminated by his broker-dealer; 3) was issued a Letter of Caution by NASD; and 4) failed to disclose that he was a respondent in an National Association of Securities Dealers (“NASD”) arbitration on two CFP® Certification Renewal Applications (“Renewal Applications”).

27791 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Employer Policy Violation; Outside Business Activity
Standard(s) Violated: Article 4.6; 4.4; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conductwhen he: 1) sold fixed-indexed annuities outside of his firm, in violation of firm policy and Financial Industry Regulatory Authority, Inc. (“FINRA”) Rule 2010; and 2) two representatives under his supervision sold fixed-indexed annuities outside of the firm.

27930 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Diligence
Standard(s) Violated: Article 607; 701; 201; 406
Matter Type(s): Other Professional Discipline
Decision Date: 03/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) did not perform due diligence on a 1031 exchange intermediary prior to recommending him to his clients as a Qualified Intermediary for 1031 exchanges; and 2) failed to immediately report to his employer that Intermediary had borrowed clients’ funds to repay his own Internal Revenue Service (“IRS”) tax liability, and instead loaned Intermediary the money to repay the borrowed funds.

Page 1 of 1 , 11 Items in Total