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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.


30420 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Forgery; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); Article 3(d); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action; FINRA Discipline
Decision Date: 10/25/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he had clients sign blank or undated forms and allowed staff to “white-out” dates on those forms in order to reuse them for mutual fund exchanges.


30618 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Outside Business Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
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 engaged in an outside business activity without properly reporting the outside business activity to, and obtaining approval from, his Firm. 


30535 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Securities Laws Violation; Selling Away
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold an investment to clients of his firm without providing prior written notice of his participation in the transaction or obtaining his firm’s written approval to participate in the transaction. 


30570 – Anonymous Case History
Decision: Suspension
Keyword(s): Outside Business Activity; Previous Discipline
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he participated in private securities transactions without providing prior written notice to or obtaining approval from the Firm.   


30255 – Anonymous Case History
Decision: Suspension
Keyword(s): Unauthorized Transaction; Employer Policy Violation; Failure to Notify CFP Board; Professional Discipline
Standard(s) Violated: Article Article 3(e); 5.1; 4.3; Article 3(g); Article 3(d); Article 3(a)
Matter Type(s): Regulatory Action
Decision Date: 02/28/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he participated in private securities transactions by investing and facilitating investments for six other investors, including clients without providing his firm with written notice of, or receiving approval to participate in, the private securities transactions.

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. 

 


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.

30270 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed and appointed to sell insurance products for commissions and received commissions for the sale of an insurance product.  


30265 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he twice represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed to sell insurance products for commission and received a commission for the sale of an insurance product.


30580 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): DUI/DWI
Standard(s) Violated: Article Article 3(c); Article 3(a); 6.5
Matter Type(s): Criminal Court; Criminal
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was convicted of two counts of misdemeanor Operating Under the Influence and one count of misdemeanor Interfering with an Officer.  


30586 – Anonymous Case History
Decision: Suspension
Keyword(s): Bankruptcy; Professional Discipline; Misrepresentation
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 6.5
Matter Type(s): Bankruptcies; FINRA Regulatory Action
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) knowingly submitted false expense reports to his firm, causing his firm to maintain inaccurate books and records; and 2) filed his second bankruptcy petition, a Chapter 11 Bankruptcy Petition, to avoid a possible Financial Industry Regulatory Authority, Inc’s (“FINRA”) award against him.  


30638 – Anonymous Case History
Decision: Private Censure
Keyword(s): Tax-Lien
Standard(s) Violated: Article Article 3(a); 6.5
Matter Type(s): Judgments/Liens
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was the subject of six tax liens.  


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. 


30577 – Anonymous Case History
Decision: Private Censure
Keyword(s): Conflict of Interest
Standard(s) Violated: Article Article 3(a); 4.4; 4.3; 4.1
Matter Type(s): Other Professional Discipline
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) filed a separate tax return for WF for 2013 after receiving a request by BS to file jointly and without informing BS that WF requested Respondent file a separate tax return for that tax year; and 2) improperly assessed a BS a fee for his services.  


30519 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Borrowing from Client; Professional Discipline
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he accepted cash gifts from a client and provided false responses on three quarterly compliance questionnaires regarding the receipt of cash gifts from customers


30478 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Professional Discipline; Forgery
Standard(s) Violated: Article Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) had a client sign a blank document and then copied that signature onto other client documents; and 2) had knowledge of, and permitted his branch office administrator to engage in, the same activity for multiple clients. 


30434 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation; Professional Discipline; Misrepresentation; Fiduciary Duty; Suitability
Standard(s) Violated: Article Article 3(d); Article 3(a); 4.3; 2.1; 1.4
Matter Type(s): Customer Complaint; Other Professional Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to act with the duty of care of a fiduciary when he charged clients an unreasonable investment advisory fee in violation of State law; and 2) failed to disclose the risks involved with Real Estate Investment Trusts (“REIT”) and non-traded REITs in his Form ADV Part 2 in violation of State law.


29793 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Outside Business Activity; Failure to Cooperate with Staff
Standard(s) Violated: Article Article 3(d); Article 3(a); 6.1; 5.1; 4.4; 4.3
Matter Type(s): Regulatory Action; FINRA Discipline; FINRA Regulatory Action
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) charged 47 advisory clients a “one-time set up fee” when they opened their accounts, despite the fact that he had been informed by his supervisor that he could not charge such fees; (2) charged 32 clients for his services in preparing their tax returns and received payment directly from the clients; (3) received commissions for selling insurance products directly from outside insurance carriers; and (4) failed to contact his former firm to request information related to the an arbitration, thereby failing to fully cooperate with CFP Board’s investigation and obstructing CFP Board’s staff in the performance of their duty.  


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