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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


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.

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.

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.

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.

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