Page 1 of 1 , 21 Items in Total
30674 – Anonymous Case History
Decision: Private Censure
Keyword(s): Settlement; Client-Agreement-Forms; Record-Keeping
Standard(s) Violated: Article Article 3(a); 4.3
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 failed to produce completed client Agreements for five clients to a state regulatory division.


30764 – Anonymous Case History
Decision: Private Censure
Keyword(s): Custody-of-Client-Funds; Failure-to-Supervise; Record-Keeping; Books and Records
Standard(s) Violated: Article 4.1; Article 3(d); Article 3(a)
Matter Type(s): Other Professional Discipline; Regulatory Action
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to maintain proper books and records, failed to provide proper custody of client funds, and failed to verify the credentials of a colleague that were posted on Respondent’s business website. 
 

30210 – Anonymous Case History
Decision: Suspension
Keyword(s): Professionalism; Fiduciary Duty; Client's Best Interest; Professional Discipline; Securities Laws Violation; Misrepresentation
Standard(s) Violated: Article Article 3(d); Article 3(a); 4.4; 4.3; 2.1; 1.4
Matter Type(s): FINRA Discipline; FINRA Regulatory Action; Regulatory Action; Professionalism; Professional Organization Disciplinary Action; Other Professional Discipline
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) invested client resources into two hedge funds managed by the Respondent, when the sole investment of the funds was an Energy company with only one illiquid asset; (2) misrepresented the assets held by the hedge funds to investors; and (3) oversaw improper valuations of the hedge funds’ assets that were in violation of rules and regulations of the U.S. Securities and Exchange Commission (“SEC”). 

30777 – Anonymous Case History
Decision: Private Censure
Keyword(s): Failure-to-Maintain-Net-Capital; Record-Keeping; Books and Records; Settlement; Custody-of-Client-Funds
Standard(s) Violated: Article Article 3(a); 4.3
Matter Type(s): 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 action with client funds while having custody of such; (2) failed to have his firm maintain net capital of at least $25,000 for one fiscal year; (3) failed to notify a state regulatory body within 24 hours of his firm’s deficient net capital and to suspend business operations upon the net capital deficiency; (4) failed to have his firm submit audited financial statements to a state regulatory body for two fiscal years; (5) failed to prepare and maintain true, accurate, and current firm records; and (6) failed to have his firm file an amended Form ADV. 
 

30831 – Anonymous Case History
Decision: Suspension
Keyword(s): Settlement; Unreasonable-Assumptions; Misrepresentation; Failure-to-Comply-with-Custody-Rule; Securities Laws Violation
Standard(s) Violated: Article Article 3(d); Article 3(a); 4.4; 4.3; 2.1; 1.4
Matter Type(s): Regulatory Action
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) used unreasonable assumptions that resulted in large overstatements fund investment values to fund investors; (2) misrepresented the  nature  of  a fund’s principal investment relationship with a foreign company as a partnership in MD&A's sent to fund investors; (3) falsely disclosed to clients and prospective clients that the principal investment had obtained a letter of intent from a large development bank when they had not; and (4) failed to comply with applicable regulatory rules by committing enumerated acts 1-3. 

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.

29667 – Anonymous Case History
Decision: Denied Petition
Keyword(s): Securities Laws Violation; Failure to Cooperate with Staff
Matter Type(s): Regulatory Action
Decision Date: 08/05/2016
Summary: Whether a candidate for CFP® certification could be certified when she: 1) operated a place of business in State without disclosing the address to the State Securities Division and by not filing a uniform branch office registration form reflecting the additional business location; 2) failed to maintain accurate and complete financial statements and audit working papers related to her investment advisory business; 3) failed to cooperate with CFP Board’s investigation of her conduct; and 4) used the CFP® marks when she was not authorized to do so.

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.

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.

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.

29845 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Revocation of a Financial Professional License; Professional Discipline
Standard(s) Violated: Article 606(a); Article 3(e); Article 3(d); Article 3(a); Article 3(g)
Matter Type(s): Regulatory Action
Decision Date: 04/25/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when: 1) the State Department of Taxation and Finance (“Department”) revoked her insurance license because she failed to pay employer withholding taxes, penalties and interest; 2) she failed to notify CFP Board within the required 30 calendar days that State revoked her insurance license; and 3) declared State 2 as her home state with respect to her non-resident insurance license even though she was not then licensed as an insurance producer in State 2.

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.

30009 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 4.6; Article 3(a); 4.3; Article 3(d); Article 3(e); Article 3(g)
Matter Type(s): Regulatory Action
Decision Date: 10/17/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he : 1) failed to disclose to CFP Board on multiple occasions that was the subject of an investigation by the state and that he entered into a Letter of Acceptance, Waiver and Consent (“AWC”) with the Financial Industry Regulatory Authority, Inc. (“FINRA” formerly known as the National Association of Securities Dealer, Inc. or “NASD”); and 2) failed to properly supervise an individual’s sale of complex products and unsuitable Class A mutual fund shares.

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.

30034 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professionalism; Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 4.3; 4.1; Article 3(a); 1.4
Matter Type(s): Regulatory Action
Decision Date: 10/06/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he entered into a settlement with the State Department of Consumer and Business Services Division of Finance and Corporate Securities (“State”), in which State found Respondent charged unreasonable advisory fees on rare coins because he relied on an inaccurate source to value the coins.

30072 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Professional Discipline; Suitability
Standard(s) Violated: Article 4.3; Article 3(a); 4.4
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 she advised others, for compensation, as to the value of securities or as to the advisability of investing in, purchasing or selling securities at a time when she was not registered as an investment adviser.

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.

30180 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Failure to Notify CFP Board; Professional Discipline
Standard(s) Violated: Article Article 3(g); Article 3(a); 4.3
Matter Type(s): Regulatory Action
Summary: Respondent is the president and chief compliance officer of GFA, a State investment advisory firm. At all material times relevant to this Complaint, Respondent controlled GFA.

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. 
 

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.

Page 1 of 1 , 21 Items in Total