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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.

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.

29214 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Outside Business Activity; Professional Discipline
Standard(s) Violated: Article 6.1; 5.1; 6.5
Matter Type(s): FINRA Discipline
Decision Date: 05/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to timely and accurately notify his broker-dealer of his outside business activities in violation of NASD Rule 3030 and FINRA Rules 2010 and 3270; 2) participated in private securities transactions without providing prior written notice to and obtaining prior approval from his broker-dealer in violation of NASD Rule 3040 and FINRA Rule 2010; and 3) failed to disclose to CFP Board in writing his FINRA suspension, which FINRA issued in December 2013, within 30 days as required by Article 13.2 of the Disciplinary Rules.

29350 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Suitability; Client's Best Interest; Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 2.1; 4.1; 6.5; 4.5; 4.6; 4.3; 4.4
Matter Type(s): FINRA Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to disclose information related to the liquidity of, risks associated with, and the assets underlying an investment product; 2) failed to make and preserve books and records as required under the Exchange Act rules by having a record of basic identifying and financial information for the two clients involved in purchasing an investment; 3) allowed an unregistered employee to effect the purchase of an investment; and 4) failed to enforce his firm’s written supervisory procedures by failing to prepare new account forms and record basic identifying and financial information for the clients’ who purchased an investment.

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.

29802 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline; Securities Laws Violation; Customer Complaints
Standard(s) Violated: Article 5.1; 4.3; 6.5
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 she was the subject of a Financial Industry Regulatory Authority, Inc. (“FINRA”) regulatory action and a 2008 customer complaint.

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.

29324 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Unfair-Business-Practices; Fraud Related to Professional Activity; Misappropriation; Professionalism; Employer Policy Violation; Confidentiality; Breach of Contract
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.3; 3.2; 3.1
Matter Type(s): Civil Suit; Civil Court; FINRA Discipline; FINRA Regulatory Action
Decision Date: 02/05/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) took client information from Respondent’s old firm without authorization from the firm or clients; (2) transferred client information to Respondent’s new firm for financial gain; (3) failed to treat client information with the level of confidentiality required by applicable law; and (4) failed to securely handle electronically stored information. 

30845 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Failure to Notify CFP Board; Settlement; Unfair-Business-Practices; Misappropriation; Fraud Related to Professional Activity; Confidentiality
Standard(s) Violated: Article Article 3(g); Article 3(a); 6.5
Matter Type(s): Failure to Disclose to CFP Board; Civil Suit; Civil Court
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) sought and obtained confidential client information from another firm; (2) accepted an unredacted, 52-page billing report that a colleague had printed from secure networks at another firm; (3) was found responsible by a state court for the commission of (a) misappropriating trade secrets and (b) unfair business practices; and (4) failed to disclose such to CFP Board.  
 

28127 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Disclosure to CFP Board; Professional Discipline; Outside Business Activity
Standard(s) Violated: Article 6.5; 606(a); 406; 6.4; 606(b)
Matter Type(s): FINRA Discipline
Decision Date: 01/05/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) recommended that a client invest approximately $100,000 in an oil and gas joint venture, outside the scope of Respondent’s relationship with his Firm, and which resulted in the termination of Respondent’s employment; and 2) failed to disclose to CFP Board that he signed a FINRA AWC wherein he consented to a $5,000 fine and suspension from association with any Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as the National Association of Securities Dealers or “NASD”) member in any capacity for a period of six months due to his outside business activities.

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