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30419 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Books and Records; Employer Policy Violation
Standard(s) Violated: Article Article-13.4; Article-13.1; Article 3(d); Article 3(a); 4.6; 4.3
Matter Type(s): Employer Action; FINRA Discipline; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to reasonably supervise his assistant, who had primary responsibility for preparing and processing applications and other account paperwork for customers.  Respondent’s assistant (a) altered documents relating to customer accounts, including by reusing signatures from forms that previously had been completed by customers, (b) caused the falsified forms to be maintained in the customers’ files, and (c) falsified documents to expedite transactions as an accommodation to customers (the firm’s compliance manual prohibited altering documents in the manners employed). 


30450 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Books and Records; Conflict of Interest; Disclosure to Clients; Client's Best Interest
Standard(s) Violated: Article Article 3(d); 4.4; 4.3; 2.2(b); 1.4; Article 3(a)
Matter Type(s): Regulatory Action; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: (a) seek best execution for clients when investing them in share classes that charged 12b-1 fees despite the availability of corresponding share classes without the fees; (b) disclose in his firm’s Forms ADV and advisory agreements the conflicts of interest that existed regarding his recommendations to clients of mutual funds that contained 12b-1 fees; and (c) perform required annual compliance reviews.


21874 – Anonymous Case History
Decision: Dismiss--No Merit
Keyword(s): Suitability; Arbitration; Misrepresentation
Matter Type(s): CFP Board
Decision Date: 11/11/2008
Summary: Whether a candidate for CFP® certification (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was the subject of a client complaint related to the liquidity of an Auction Rate Security.

22124 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Arbitration; Previous Discipline; Customer Complaints; Professional Discipline
Matter Type(s): CFP Board
Decision Date: 11/07/2008
Summary: Whether a registrant provided sufficient evidence to warrant reinstatement of his CFP® certification following a period of suspension.

22271 – Anonymous Case History
Decision: Denied Petition
Keyword(s): Competency; Other Ethics
Matter Type(s): CFP Board
Decision Date: 11/07/2008
Summary: Whether a registrant provided sufficient evidence to prove by clear and convincing evidence that his CFP® certification should be reinstated following a suspension of one year and one day.

22544 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misdemeanor; Disclosure to CFP Board; Misuse of the Marks
Standard(s) Violated: Article Article 3(g); 601; Article 3(a); 606(b)
Matter Type(s): Criminal Court; CFP Board
Decision Date: 03/26/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) failed to report to CFP Board that she was a defendant in a criminal proceeding; and 2) misused the CFP® certification marks.

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.

23371 – Anonymous Case History
Decision: Suspension
Keyword(s): Unauthorized Use of the Marks
Standard(s) Violated: Article 6.1; Article 3(a); 2.1; 6.5
Matter Type(s): CFP Board
Decision Date: 12/22/2009
Summary: Whether a registrant (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he used the CFP® certification marks while not certified.

25200 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Commission/Compensation; Misrepresentation; Conflict of Interest; Loaning to Client; Disclosure to Clients; Securities Laws Violation; Competency; Commingling; Fiduciary Duty; Diligence
Standard(s) Violated: Article 402; 301; 606(b); Article 3(a); 607; 102; 606(a); 103(d); 302; 701; 403
Matter Type(s): CFP Board
Decision Date: 03/25/2011
Summary: Whether an applicant for reinstatement of his CFP® certification (“Respondent”) demonstrated rehabilitation by clear and convincing evidence that he complied with all disciplinary orders and provisions of the Disciplinary Rules and Procedures and is, once again, fit to use the CFP®, CERTIFIED FINANCIAL PLANNER™, and certification marks.

26390 – Anonymous Case History
Decision: Denied But Allow Reapplication
Keyword(s): Bankruptcy; Fitness
Matter Type(s): CFP Board
Decision Date: 02/14/2012
Summary: Whether a candidate for CFP® certification ("Respondnet") could be certified when he filed for Chapter 7 Bankruptcy less that five years prior to applying for certification.

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.

26887 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Employer Policy Violation; Court Order Violation
Matter Type(s): CFP Board
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conductwhen she violated the terms of a preliminary injunction prohibiting her from contacting former clients, resulting in a Contempt of Court Order, three-day suspended jail term and $500 fine.

27079 – Anonymous Case History
Decision: Denied Petition
Matter Type(s): CFP Board
Decision Date: 11/28/2011
Summary: Whether an applicant for legal reinstatement of his CFP® certification ("Respondent") proved to the Hearing Panel by clear and convincing evidence that: 1) he maintained competence and learning in the area of financial planning during the suspension period; 2) his conduct since his August 2010 suspension had been exemplary and beyond reproach; 3) he made restitution or settled all claims from persons injured or harmed by his misconduct, or provided a satisfactory explanation of his failure to do so; 4) he provided documentary evidence of all his business activities during the suspension period; 5) he is fit to use the CFP® marks; and 6) he completed all required forms, paid all required fees and reported the required continuing education hours.

27823 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Professional Discipline; Outside Business Activity; Previous Discipline
Matter Type(s): CFP Board
Decision Date: 07/23/2012
Summary: Whether a registrant (“Respondent”) who had been suspended from using the CFP® certification marks (“CFP® marks”) provided sufficient evidence to obtain reinstatement.

28045 – Anonymous Case History
Decision: Granted Petition
Matter Type(s): CFP Board
Decision Date: 11/20/2012
Summary: Whether an applicant for legal reinstatement of his CFP® certification (“Respondent”) proved to the Hearing Panel by clear and convincing evidence that: 1) he maintained competence and learning in the area of financial planning during the suspension period; 2) his conduct since his December 2009 suspension had been exemplary and beyond reproach; 3) he made restitution or settled all claims from persons injured or harmed by his misconduct, or provided a satisfactory explanation of his failure to do so; 4) he provided documentary evidence of all of his business activities during the suspension period; 5) he is fit to use the CFP®, CERTIFIED FINANCIAL PLANNER™, and certification marks certification marks (“CFP® marks”); and 6) he completed all required forms, paid all required fees and reported the required continuing education hours.

28263 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): CFP Board
Decision Date: 05/09/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she represented on her firm website that there were no conflicts of interest associated with her commission-based advice.

28329 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Previous Discipline
Matter Type(s): CFP Board
Decision Date: 04/02/2013
Summary: Whether a CFP® professional (“Respondent”), who was suspended from using the CFP® certification marks, provided sufficient evidence to obtain reinstatement.

29072 – Anonymous Case History
Decision: Granted Petition
Matter Type(s): CFP Board
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”), who was suspended from using the CFP® certification marks, provided sufficient evidence to obtain reinstatement.

29973 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Compensation; Books and Records
Standard(s) Violated: Article 4.1; Article-4; Article 3(d); 5.1; Article-13.4; Article-13.1; 4.3; Article 3(a)
Matter Type(s): FINRA Discipline; CFP Board
Decision Date: 02/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he shared commissions with two unregistered individuals and caused his firm’s books and records to be inaccurate. 


30648 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Client Neglect; Client's Best Interest; Embezzlement or Other Financial; Arbitration
Standard(s) Violated: Article 5.1; 4.4; 4.3; 3.2; Article 3(a)
Matter Type(s): Employer Action; CFP Board; FINRA Arbitration
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she 1) conducted securities-related business communications with a firm customer using an outside/personal email account, in violation of Firm’s compliance policies, which expressly stated that the use of an outside email system by a financial advisor to communicate with clients, prospects or other Firm associated persons regarding Firm business, or for any other Firm business purpose is prohibited; 2) forwarded account information for a securities customer to the same outside/personal email address, in violation of FINRA Rule 2010; and 3) failed to take prudent steps to protect the security of information and property, including the security of stored information, whether physically or electronically, that was within Respondent’s control when she conducted securities-related business communications with a firm customer using an outside/personal email account.


30414 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misdemeanor
Standard(s) Violated: Article Article 3(c); Article-13.1; 6.5; Article 3(a)
Matter Type(s): Criminal; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was convicted of sexual assault for groping a houseguest. 


29763 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Customer Complaints; Employer Policy Violation
Standard(s) Violated: Article Article 3(d); 5.1; 4.3; 3.4; Article-13.4; Article-13.1; 1.4; Article 3(a)
Matter Type(s): Employer Action; Customer Complaint; FINRA Discipline; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) violated his firm’s policy by twice failing to report outside business activities and obtaining the firm’s approval to engage in such activities; and 2) failed to clearly identify the assets over which he was to exercise investment discretion and exercised discretion in the client’s accounts on approximately 10 occasions without written discretionary authorization from the client.


30358 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 4.3; 5.1
Matter Type(s): Employer Action; FINRA Discipline; CFP Board
Decision Date: 10/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he altered an email from a third party, forwarded it to an emp1oyee at his firm, and misrepresented that the email was written by the third party, to complete a transfer of funds requested by his client. 

 


29190 – Anonymous Case History
Decision: Granted Petition
Standard(s) Violated: Article 606(b); 607; 606(a); 406; 201
Matter Type(s): CFP Board
Decision Date: 04/13/2015
Summary: Pursuant to Article 16.2 of CFP Board’s Disciplinary Rules and Procedures, an individual who has received a suspension for a period of longer than one year must petition the Disciplinary and Ethics Commission (the “Commission”) for reinstatement. At the hearing, a petitioner must prove by clear and convincing evidence that the petitioner has been rehabilitated, has complied with all applicable disciplinary orders and provisions of CFP Board’s Disciplinary Rules, and that the petitioner is fit to use the CFP® marks.

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