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16726 – Anonymous Case History
Decision: Private Censure
Keyword(s): Lawsuits Involving Financial Matters; Disclosure to CFP Board; Misrepresentation; Professional Discipline; Arbitration
Standard(s) Violated: Article Article 3(a); 607; Article 3(g)
Matter Type(s): FINRA Discipline; Client Dissatisfaction
Decision Date: 11/30/2009
Summary: Whether a candidate for CFP® certification (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) Made exaggerated statements and improper projections about clients’ accounts; 2) Prepared and/or used documents that had not been approved by a registered principal of Respondent’s firm; 3) Failed to retain records showing which sales materials were disseminated to customers; and 4) Failed to disclose a 2003 civil suit and a 2003 National Association of Securities Dealers (“NASD”) arbitration on the Declaration Section of his Initial Application for CFP® Certification.

21048 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Professional Discipline; Felony-Theft; Embezzlement or Other Financial; Securities Laws Violation; Competency; Fitness; Misrepresentation; Fraud Related to Professional Activity; Interim Suspension
Standard(s) Violated: Article 201; 607; Article 3(c); 606(b); 606(a); 102; 406; 302; Article 3(a)
Matter Type(s): Professionalism
Decision Date: 08/10/2009
Summary: Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he: 1) sold securities to clients while not licensed to do so; 2) promised investors large returns and guaranteed their principal on fraudulent investments; and 3) pleaded guilty to a felony investment fraud charge.

21293 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Arbitration; Customer Complaints; Failure to Respond to CFP Board; Failure to Cooperate with Staff
Matter Type(s): FINRA Arbitration
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he neither provided requested documents to CFP Board nor a written explanation of his attempts to retrieve them.

21702 – Anonymous Case History
Decision: Suspension
Keyword(s): Judgment Lien; Fraud-Other; Misrepresentation; Court Order Violation; Disclosure to CFP Board; Other Ethics; Professionalism
Standard(s) Violated: Article Article 3(a); 607; Article 3(f); 102; 606(b); 201; 602; 606(a)
Matter Type(s): Professionalism
Decision Date: 02/26/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) was found to have engaged in a fraudulent transfer of real property; 2) was sanctioned for intentional spoliation of data from his computers in violation of a court protective order; and 3) did not pay enrollment fees for a continuing education course he attended, and did not provide proof of payment upon CFP Board’s request.

21781 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Record-Keeping; Conflict of Interest; Securities Laws Violation; Professional Discipline; Disclosure to Clients
Standard(s) Violated: Article 607; 606(b); 606(a); 406
Matter Type(s): SEC Discipline
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he caused his firm to violate record-keeping provisions of the Investment Advisers Act of 1940.

21787 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Fraud Related to Professional Activity; Diligence; Disclosure to Clients; Securities Laws Violation; Misrepresentation; Unauthorized Use of the Marks; Professional Discipline; Breach of Contract; Suitability; Commingling; Lawsuits Involving Financial Matters; C
Standard(s) Violated: Article 607; 102; 704; Article 3(a); 201; Article 3(g); 103(d); 606(b); 606(a); 601; 701
Matter Type(s): Client Dissatisfaction
Decision Date: 02/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) did not fully inform his client (“Client”) as to the nature of an investment he made for her and did not provide risk disclosure documents to her; 2) did not inform the Client about a civil suit he initiated against the company that offered the product; 3) did not research the company that offered the product before the Client invested in it; 4) commingled his investment funds with the Client’s; 5) used the CFP® marks while not certified; and 6) violated federal and state securities regulations.

21894 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Outside Business Activity; Employer Policy Violation; Unauthorized Transaction; Arbitration
Standard(s) Violated: Article Article 3(a); 406; 606(a); 606(b); 607
Matter Type(s): Client Dissatisfaction
Decision Date: 07/09/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when his employer (“Broker Dealer”) found that he had violated its policies by signing documents for a client without written authorization from the Broker Dealer and by not reporting outside activities to the Broker Dealer.

22183 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Misuse of the Marks; Settlement; Professional Discipline; Securities Laws Violation; Misrepresentation
Standard(s) Violated: Article 102; 601; 606(b); 607; Article 3(a); 606(a)
Matter Type(s): Other Professional Discipline
Decision Date: 12/03/2009
Summary: Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he lied to his employer about his use of prohibited solicitation materials, resulting in a Letter of Caution from the National Association of Securities Dealers.

22203 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to CFP Board; Settlement; Misdemeanor
Standard(s) Violated: Article Article 3(c); 607; Article 3(g); Article 3(a)
Matter Type(s): Civil Court
Decision Date: 02/27/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct by having two misdemeanor convictions and not disclosing them on his Initial Certification Application.

22243 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Other Ethics
Matter Type(s): Client Dissatisfaction
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not follow the instructions of his client (“Grievant”) to liquidate all of Grievant’s investments.

22374 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline; Felony-Non-Violent Crime
Standard(s) Violated: Article Article 3(a); 606(a)
Matter Type(s): Civil Court; Professionalism; Criminal Court
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he did not disclose a felony conviction as required by his state department of insurance.

22437 – Anonymous Case History
Decision: Private Censure
Keyword(s): Other Ethics; Settlement
Standard(s) Violated: Article 607; 602; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 02/26/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not pay another CFP® certificant for services rendered.

22451 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Competency; Employer Policy Violation; Professional Discipline; Commission/Compensation; Suitability; Failure to Respond to CFP Board; Failure to Notify CFP Board; Disclosure to CFP Board; Conflict of Interest; Disclosure to Clients
Standard(s) Violated: Article 302; 401(a); 606(a); 408; 406; Article 3(d); 201; Article 3(e); Article 3(f)
Matter Type(s): Client Dissatisfaction; FINRA Arbitration
Decision Date: 08/10/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) sold promissory notes to individuals who were not customers of his broker-dealer (“Broker-Dealer”) without notice to the Broker-Dealer; and 2) received compensation for the sale of the promissory notes without permission from the Broker-Dealer.

22504 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Misdemeanor; Disclosure to CFP Board; Customer Complaints
Matter Type(s): Client Dissatisfaction; Criminal Court
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he failed to disclose to CFP Board that he was a defendant in a criminal proceeding and that he was the subject of a Financial Industry Regulatory Authority investigation.

22505 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Breach of Contract; Confidentiality; Forgery; Advertising; Misrepresentation; Disclosure to CFP Board; Professional Discipline
Standard(s) Violated: Article Article 3(e); 607; 503; 406; 102; Article 3(a); 501; 606(b); 201
Matter Type(s): Professionalism
Decision Date: 12/22/2009
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) forged a client’s signature by cutting and pasting the signature from one document to another; 2) disclosed client information to third parties without authorization from the client; 3) mailed a solicitation in potential violation of a non-compete agreement between an employee and the employee’s former firm; 4) misrepresented to his partner that he had sought the advice of counsel prior to mailing the solicitation; and 5) received a 15-day professional suspension from a state regulator.

22510 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Forgery; Disclosure to CFP Board
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 failed to disclose that he was arrested for possession of a forged instrument.

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.

22748 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Supervision; Disclosure to CFP Board
Matter Type(s): Other Professional Discipline; FINRA Discipline
Decision Date: 02/26/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct after he had been subject to a Financial Industry Regulatory Authority (“FINRA”) inquiry and a FINRA Letter of Caution.

22754 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Previous Discipline; Professional Discipline
Matter Type(s): CFP Board
Decision Date: 08/10/2009
Summary: Whether a registrant who had been suspended from using the CFP® certification marks provided enough evidence to obtain reinstatement.

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.

22894 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Professional Discipline; Fitness
Matter Type(s): Client Dissatisfaction; Other Professional Discipline; FINRA Arbitration
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification could be certified when she had been censured and subject to a two-week bar by the New York Stock Exchange more than 15 years prior to submitting an Initial Certification Application with CFP Board.

22895 – Anonymous Case History
Decision: Private Censure
Keyword(s): Failure to Notify CFP Board; Professional Discipline; Settlement
Standard(s) Violated: Article 606(a); Article 3(a)
Matter Type(s): FINRA Discipline
Decision Date: 08/21/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he made two Initial Public Offering purchases as a restricted person.

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