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30782 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Unauthorized Transaction; Felony-Non-Violent Crime
Standard(s) Violated: Article Article 3(a); Article 3(d); 4.3
Matter Type(s): Employer Action; Criminal; Criminal Court
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) performed 40 unauthorized trades in a deceased person’s account; (2) failed to notify his firm of the death of two advisory clients, in violation of firm policy; and (3) accidentally brought a loaded firearm into an international airport and, thereafter, pled guilty to felony charges. 

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.

28691 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Unauthorized Transaction; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.4; 4.3
Matter Type(s): Employer Action; FINRA Regulatory Action
Decision Date: 03/01/2015
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he executed nine purchase transactions in the client’s account without written authorization, in violation of his firm’s policy, National Association of Securities Dealers (“NASD”) Rule 2510(b) and Financial Industry Regulatory Authority, Inc. (“FINRA”) Rule 2010.


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. 


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


28738 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Disclosure to Clients; Diligence; Suitability; Client's Best Interest; Fitness
Standard(s) Violated: Article 202; 102; 703; 701; 401(b); 6.5; 406; 607; 702(a); 201
Matter Type(s): FINRA Arbitration
Decision Date: 06/09/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) failed to inform his clients of the taxes, penalties and interest associated with a Net Unrealized Appreciation (“NUA”) strategy; 2) failed to diligently follow up with the clients regarding the NUA strategy; 3) offered the Clients free advisory services, a refund of advisory/financial planning fees already paid and compensation for the early withdrawal penalty; and 4) did not provide documents requested by CFP Board.

29005 – Anonymous Case History
Decision: Suspension
Keyword(s): Employer Policy Violation; Fiduciary Duty; Suitability; Disclosure to Clients
Standard(s) Violated: Article 4.6; 102; 1.4; 201; 5.1; 406; 606(b); 4.1; 4.4; 401(a); 606(a); 6.5; 2.2(a); 4.3
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 she sold “C” shares to her clients not because they were suitable, but as a method of ensuring that she was paid for her advisory services, and failed to: 1) enter into written advisory agreements with her “C” share advisory clients; 2) provide written disclosures required by Part 2 of Form ADV to her “C” share advisory clients; and 3) provide a complete description of the share class options and fees of mutual funds to her “C” share advisory clients and failed to: 1) ensure that salespersons were making suitable “C” share investment recommendations; 2) enforce the RIA Manual requirement of a written advisory agreement for clients using “C” shares as an advisory fee; and 3) enforce the requirement of delivery of the Disclosure Document. Respondent also failed to reasonably supervise her salespersons by failing to ensure that salespersons were making suitable “C” share investment recommendations. Respondent also failed to report her suspension by State from acting in any principal or supervisory capacity for twelve months to CFP Board within 30 calendar days, in violation of Article 13.2 of the Disciplinary Rules and Procedures (“Disciplinary Rules”).

29017 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fraud Related to Professional Activity; Unauthorized Transaction; Employer Policy Violation; Securities Laws Violation
Standard(s) Violated: Article 5.1; 4.4; 3.2; 6.5
Matter Type(s): Other Professional Discipline
Decision Date: 12/06/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to obtain the proper verbal authorization from a client, as required by his firm’s Procedures Manual, prior to executing a trade, resulting in unauthorized trades and the wiring of a client’s funds to a criminal in response to a fraudulent trade request.

29220 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation; Disclosure to Clients
Standard(s) Violated: Article 6.5; 2.1; 2.2(a)
Matter Type(s): CFP Board
Decision Date: 06/26/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly represented his compensation method as “fee only” on the “Find” search tool while registered with a broker-dealer that earns commissions for selling securities and while he still receives commissions for securities and insurance products that he previously sold.

29230 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Fee-Only; Disclosure to Clients
Standard(s) Violated: Article 2.1; 6.5; 2.2(a)
Matter Type(s): CFP Board
Decision Date: 06/26/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly misrepresented his compensation method as “fee-only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool because Respondent is entitled to receive commissions as a registered broker with a broker-dealer (“BD”) and received commissions.

29328 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Failure to Register; Supervision; Disclosure to Clients
Standard(s) Violated: Article 4.6; 6.5; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) allowed an employee to act as an investment adviser representative without registration as an investment adviser representative; 2) failed to ensure that Firm’s annual updating amendments to the Form ADV were filed timely; 3) failed to ensure that Firm provided accurate account statements; 4) failed to amend his Form U4 timely to reflect the change of his residential address; 5) failed to ensure that Firm’s owners were properly disclosed on Form ADV; 6) failed to supervise Firm and his designee, JE, by virtue of his failure to ensure that the firm’s requisite annual reviews were conducted annually (i.e., 2011 and 2012), and when they were conducted (i.e., 2009 and 2010), they were reasonably designed to detect the numerous failures cited by SSC; and 7) entered into the Order with the SSC regarding violations of state securities laws and regulations.

29473 – Anonymous Case History
Decision: Denied Petition
Keyword(s): Professional Discipline; Unauthorized Use of the Marks; Outside Business Activity; Judgment Lien; Unauthorized Transaction; Employer Policy Violation
Matter Type(s): Other Professional Discipline; FINRA Arbitration
Decision Date: 08/05/2016
Summary: Whether a candidate for CFP® certification could be certified when he: 1) invested personal in an outside investment without obtaining prior approval from his firm; 2) referred former clients to, and facilitated investments in, the same outside investment; 3) wilfully failed to amend his Form U4 to report three unsatisfied tax liens; 4) falsely certified to his firm on several occasions that he had complied with his obligation to timely update his Form U4 regarding unsatisfied tax liens; 5) consented to a one-year suspension by the Financial Industry Regulatory Authority, Inc. (“FINRA” formerly known as the National Association of Securities Dealers or “NASD”) due to the aforementioned conduct; and 6) used the CFP® marks when he was not authorized to do so.

29693 – Anonymous Case History
Decision: Suspension
Keyword(s): Disclosure to Clients; Fraud Related to Professional Activity; Fiduciary Duty
Standard(s) Violated: Article 2.1; 4.4; 2.2(b); 5.1; 1.4; 4.3
Matter Type(s): Regulatory Action; Termination
Decision Date: 11/25/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to make disclosures regarding his ownership of an investment advisory firm.

29696 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Disclosure to Clients
Standard(s) Violated: Article 2.1
Matter Type(s): Other
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation method as “fee-only” while having active appoints as an insurance agent and related parties were earning commission compensation.

29798 – Anonymous Case History
Decision: Private Censure
Keyword(s): Unauthorized Transaction; Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 4.4; 5.1; 4.3; 6.1
Matter Type(s): Regulatory Action
Decision Date: 12/23/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she was terminated by Firm for processing an unauthorized wire transfer on a client’s behalf.

29910 – Anonymous Case History
Decision: Private Censure
Keyword(s): Unauthorized Transaction
Standard(s) Violated: Article 4.3; 5.1
Matter Type(s): Regulatory Action
Decision Date: 11/02/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) exercised discretion in executing six transactions in six different customer accounts without obtaining written authorization from his clients to exercise discretion in their accounts; and 2) failed to cooperate with his firm’s review of the unauthorized activity.

30033 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to Clients; Fee-Only; Securities Laws Violation
Standard(s) Violated: Article Article 3(a); 4.3; 2.2(a); 2.1
Matter Type(s): Regulatory Action
Decision Date: 07/21/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) communicated, directly or indirectly, to clients or prospective clients misleading information directly or indirectly related to the certificant’s professional qualifications or services when he misrepresented his compensation structure as “fee-only” despite receiving commissions; 2) failed to disclose to prospective clients or clients an accurate and understandable description of the compensation arrangements being offered; 3) failed to separately invoice clients each time he withdrew his fee from the client’s account causing him to violate net-capital requirements; and 4) entered into, extended, or renewed investment advisory contracts which failed to disclose accurate advisory fees.

30147 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Securities Laws Violation; Unauthorized Transaction
Matter Type(s): Regulatory Action
Decision Date: 08/05/2016
Summary: Whether a candidate for CFP® certification could be certified when he: 1) executed securities transactions on behalf of a customer without authority to do so; 2) submitted a document to his firm that was false and misleading regarding whether the securities transactions were authorized; and 3) made oral statements to the state regulators that were materially false.

30676 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Disclosure to CFP Board; Employer Policy Violation; Unauthorized Transaction
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3; 4.4
Matter Type(s): Regulatory Action; Employer Action; FINRA Regulatory Action; FINRA Discipline
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he (1) Executed transactions on behalf of clients without prior authorization from either the clients or Respondent’s firm; (2) traded securities in his own account receiving a better price on the same side of the market on the same day in violation of firm policy; and (3) failing to report Financial Industry Regulatory Authority (“FINRA”) and state regulatory actions against Respondent to CFP Board within 30 calendar days. 

30868 – Anonymous Case History
Decision: Suspension
Keyword(s): False-Statements-in-Forms-ADV; Custody-of-Client-Funds; Record-Keeping; Failure-to-Disclose; Securities Laws Violation; Misrepresentation
Standard(s) Violated: Article Article 3(e); Article 3(d); Article 3(a); 4.4; 4.3; 2.1; 1.4
Matter Type(s): Regulatory Action
Decision Date: 06/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) relied on the private fund adviser exemption from registration although he was not entitled to; (2) used Inflated Asset Valuations; (3) made misrepresentations on Forms ADV; (4) failed to have his firms submit to surprise examinations as required by the Securities and Exchange Commission’s (“SEC”) Custody Rule; (5) failed to have his firms comply with the SEC's Compliance Rule; (6) improperly used fund assets to pay his legal fees; (7) contracted to earn a performance fee for managing a fund, without determining whether the fund's investors were qualified clients; and (8) failed to disclose a SEC bar related to the foregoing conduct to CFP Board. 
 

29364 – Anonymous Case History
Decision: Private Censure
Keyword(s): Record-Keeping; Previous Discipline
Standard(s) Violated: Article 5.1; 4.3; 6.5
Matter Type(s): Other Professional Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: 1) adopt and implement written policies and procedures for his firm; 2) review and document the review of such policies and procedures at least annually; and 3) failed to accurately state in his Form ADV Part 2A that he did not complete advisory contracts for all of his clients.

29656 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Fiduciary Duty; Disclosure to Clients
Standard(s) Violated: Article 4.3; 1.4; Article 3(a); Article 3(f)
Matter Type(s): Civil Suit; Regulatory Action
Decision Date: 10/06/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he violated his fiduciary duty by failing to disclose material information regarding a company’s financial situation to clients to whom he recommended purchasing bonds issued by the company.

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