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12594 – Anonymous Case History
Decision: Suspension
Keyword(s): Professionalism; Churning; Misrepresentation; Professional Discipline; Bankruptcy; Suitability; Forgery; Employer Policy Violation; Customer Complaints; Fraud Related to Professional Activity; Unauthorized Transaction; Fitness; Disclosure to Clie
Standard(s) Violated: Article 2.1; 606(a); Article 3(a); 606(b); 201; 607; 406; 102
Matter Type(s): FINRA Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) was the subject of at least five customer arbitrations alleging unsuitability, unauthorized trading, misrepresentation, churning, fraud and violations of both state and federal securities laws; 2) was alleged to have falsified customer account documents; 3) was permitted to resign from his firm due to unacceptable business practices; and 4) filed for Chapter 7 Bankruptcy.

11390 – Anonymous Case History
Decision: Suspension
Keyword(s): Arbitration; Failure to Notify CFP Board; Misappropriation; Breach of Contract; Bankruptcy; Misrepresentation; Forgery; Customer Complaints; Lawsuits Involving Financial Matters
Standard(s) Violated: Article 201; 607; Article 3(c); Article 3(a); 102; 606(b); Article 3(e)
Matter Type(s): Civil Court
Decision Date: 04/16/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) filed for Chapter 7 Bankruptcy; 2) was convicted of Operating a Motor Vehicle While Ability Impaired by Alcohol; and 3) was the subject of a series of arbitrations and customer complaints from 2001 through 2007.

12637 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Suitability; Fitness; Misuse of the Marks; Settlement; Arbitration; Customer Complaints; Professionalism
Standard(s) Violated: Article 606(b); 601; 607; 4.2; 606(a); 201
Matter Type(s): FINRA Arbitration
Decision Date: 06/21/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) engaged in a pattern of recommending that clients invest their entire retirement savings in unsuitable variable annuities and sub-account allocations, as evidenced by four National Association of Securities Dealers (“NASD,” now known as the Financial Industry Regulatory Authority, Inc. or “FINRA”) arbitrations; and 2) when she used “cfp” after her name on her Web site.

15094 – Anonymous Case History
Decision: Suspension
Keyword(s): Misuse of the Marks; Lawsuits Involving Financial Matters; Arbitration; Customer Complaints; Disclosure to Clients; Suitability; Diligence; Professionalism; Misrepresentation
Standard(s) Violated: Article Article 3(a); 607; 601; 201; 704; 606(b); 701; 102
Matter Type(s): FINRA Arbitration
Decision Date: 08/11/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) recommended variable annuities to elderly clients; and 2) omitted the registered trademark symbol when referring to CFP® on his letterhead, certification salutations and documents.

15935 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Court Order Violation; Borrowing from Client; Professionalism; Securities Laws Violation
Standard(s) Violated: Article 607; Article 3(a); 606(b); 201
Matter Type(s): Other Professional Discipline
Decision Date: 03/04/2009
Summary: Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he borrowed money from clients and sold unregistered securities in violation of a state consent order.

15982 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Disclosure to Clients; Fitness; Customer Complaints; Arbitration; Employer Policy Violation; Professionalism
Standard(s) Violated: Article 606(b); 201; 406; 606(a); 607; Article 3(a); 701; 102
Matter Type(s): FINRA Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to clarify his lack of involvement in recommending and endorsing a particular investment to his clients; and 2) executed transactions on a client’s behalf without first confirming that the proper written authorization was in place.

16145 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Fraud Related to Professional Activity; Customer Complaints; Suitability; Settlement; Diligence; Record-Keeping; Fitness; Disclosure to Clients; Client's Best Interest; Lawsuits Involving Financial Matters; Negligence; Competency
Standard(s) Violated: Article 606(a); 201; 401(a); Article 3(a); 405; 402; 606(b); 607; 102
Matter Type(s): Client Dissatisfaction
Decision Date: 03/26/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) treated a client’s payments as nontaxable gifts rather than taxable income; 2) did not disclose the income on his 2000 and 2001 state and federal tax returns; 3) did not disclose to a client the potential for a conflict of interest in serving as the appointed trustee of a trust and as an investment adviser for the trust; 4) double and triple charged clients for services; and 5) failed to disclose commissions.

17262 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Diligence; Professionalism; Disclosure to CFP Board; Employer Policy Violation; Professional Discipline; Supervision; Arbitration; Customer Complaints
Standard(s) Violated: Article 406; 606(a); 606(b); Article 3(a); Article 3(d); 607; Article 3(e); 201
Matter Type(s): Client Dissatisfaction; FINRA Discipline; FINRA Arbitration
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) allowed a Financial Industry Regulatory Authority (“FINRA”) member firm (“Firm”), of which he was the Chief Compliance Officer, to participate in securities offerings during its suspension without satisfying the requirements of the suspension; 2) allowed a representative of the Firm (“Representative”) to act as a principal when the Representative had been suspended by the National Association of Securities Dealers (“NASD,” now known as FINRA) from acting in any principal capacity; 3) processed commissions from securities offerings through a non-member company; and 4) was subject to three FINRA arbitrations and one state securities division investigation.

21403 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professionalism; Customer Complaints; Arbitration; Unauthorized Transaction; Professional Discipline; Securities Laws Violation; Fitness
Standard(s) Violated: Article Article 3(a); 701; 606(a); 607; 201; 606(b)
Matter Type(s): FINRA Arbitration
Decision Date: 04/14/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she executed trades in a trust account without the trustee’s authorization.

21725 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Failure to Register; Professionalism; Client's Best Interest; Borrowing from Client; Interim Suspension; Failure to Respond to CFP Board; Suitability
Standard(s) Violated: Article Article 3(f); Article 3(a); 606(b); 607; 201; 202; 703
Matter Type(s): Client Dissatisfaction
Decision Date: 08/08/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) did not prepare a financial plan for a client (“Client”) after agreeing to do so; 2) borrowed money from the Client; 3) recommended and sold a viatical to the Client, who was 85 years old at the time, when Respondent was not licensed to do so; and 4) did not provide an Answer to CFP Board’s Complaint.

21866 – Anonymous Case History
Decision: Private Censure
Keyword(s): Commingling; Professionalism; Borrowing from Client; Client's Best Interest
Standard(s) Violated: Article 602; Article 3(a); 607; 201
Matter Type(s): Client Dissatisfaction
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he borrowed $70,000 from his client’s margin account to invest in a business owned and controlled by Respondent’s wife.

22305 – Anonymous Case History
Decision: Suspension
Keyword(s): Diligence; Employer Policy Violation; Conflict of Interest; Borrowing from Client
Standard(s) Violated: Article Article 3(a); 406; 201; 606(b); 409; 607
Matter Type(s): Professionalism; Civil Court
Decision Date: 04/06/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) accepted a $100,000 loan from a client, which violated his firm's policy against borrowing from clients; 2) failed to repay the client's loan according to the original terms of the promssory note; 3) failed to disclose any potential conflicts of interest and the risks associated with the promissory note; 4) failed to determine whether the promissory note he executed with his client was appropriate for his client; 5) allowed the client to purchase a piece of real estate for Respondent's benefit; and 6) failed to disclose any potential conflicts of interest and the risks associated with the client's purchase of a piece of real estate.

22317 – Anonymous Case History
Decision: Suspension
Keyword(s): Fitness; Settlement; Professional Discipline; Misdemeanor; Customer Complaints; Arbitration
Standard(s) Violated: Article Article 3(a); 606(a); 607
Matter Type(s): Other Professional Discipline; Client Dissatisfaction; FINRA Arbitration; Civil Court
Decision Date: 03/23/2010
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when: 1) multiple clients filed customer complaints and arbitrations against him; and 2) a state division of securities issued an order of intent to revoke his state securities license.

22513 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Diligence; Failure to Respond to CFP Board; Fitness; Bankruptcy; Client's Best Interest; Disclosure to CFP Board; Commingling; Borrowing from Client; Fraud Related to Professional Activity
Standard(s) Violated: Article 606(b); 102; 409; Article 3(a); 607; 201; 704; 103(d)
Matter Type(s): Client Dissatisfaction
Decision Date: 03/26/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he did not respond to a Complaint issued to him by CFP Board.

23037 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Customer Complaints; Fitness; Client's Best Interest; Disclosure to Clients; Fraud Related to Professional Activity; Lawsuits Involving Financial Matters; Professionalism; Misrepresentation
Standard(s) Violated: Article 409; 607; Article 3(a); 606(b); 102; 201; 606(a); 202
Matter Type(s): Client Dissatisfaction
Decision Date: 06/21/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to inform his financial planning client that he was renting her property below the market price and that he exercised discretionary authority over her online account without obtaining prior written authorization from the client and principal approval from Respondent’s firm.

23352 – Anonymous Case History
Decision: Suspension
Keyword(s): Customer Complaints; Client's Best Interest; Suitability; Fiduciary Duty
Standard(s) Violated: Article Article 3(a); 202; 201; 607; 606(b); Article 3(b); 703
Matter Type(s): Client Dissatisfaction
Decision Date: 12/28/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct (“Standards”) when he failed to: 1) perform an investigation and analysis into the insurance needs of his clients prior to recommending that they purchase insurance policies; 2) perform a cash flow analysis regarding his client’s ability to pay the premiums for the insurance policies recommended by Respondent; and 3) present his insurance recommendations and ensure that the recommendations met his client’s expectations with respect to their ability to “premium offset” in five years.

23777 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Suitability; Fitness; Customer Complaints; Professional Discipline
Standard(s) Violated: Article Article 3(a); 201; 606(b); 607; 606(a)
Matter Type(s): Other Professional Discipline
Decision Date: 08/11/2010
Summary: Whether a candidate for CFP® certification (“Respondent”) violated CFP Board’s Standards of Professional Conduct when his recommendation resulted in 70% of the clients’ assets being invested in annuities.

23825 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Outside Business Activity; Diligence; Settlement; Employer Policy Violation; Disclosure to Clients; Customer Complaints
Standard(s) Violated: Article 701; Article 3(a); 406; 606(b); 607; 201
Matter Type(s): Client Dissatisfaction
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to add a living benefit rider to an annuity as requested by two clients; 2) represented that an annuity had a principal guarantee when the guarantee existed only upon death; and 3) failed to disclose his outside fixed annuity business to his employer.

24084 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Unauthorized Transaction; Fitness; Settlement; Professional Discipline; Employer Policy Violation; Customer Complaints
Standard(s) Violated: Article 607; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 04/26/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he applied funds of a homeowner’s association (“Association”), which he had oversight and charge of, without proper association authorization, which led the State Department of Insurance to assess monetary penalties against Respondent and his firm to terminate his employment.

24289 – Anonymous Case History
Decision: Suspension
Keyword(s): Settlement; Employer Policy Violation; Professional Discipline; Fraud Related to Professional Activity; Fitness; Diligence; Professionalism; Failure to Notify CFP Board; Customer Complaints
Standard(s) Violated: Article 102; 606(a); 607; 606(b); 201; Article 3(d); Article 3(a); Article 3(e); 406
Matter Type(s): FINRA Discipline
Decision Date: 04/06/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he entered into settlement agreements with clients without his firm’s knowledge.

24453 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Misrepresentation; Customer Complaints; Suitability; Fitness
Standard(s) Violated: Article 606(b); Article 3(a); 607; 201
Matter Type(s): Client Dissatisfaction
Decision Date: 11/04/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended that an elderly client with a low net worth and a moderate-aggressive risk tolerance engage in futures contracts trading.

24481 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fitness; Lawsuits Involving Financial Matters; Customer Complaints; Suitability; Professionalism; Misrepresentation; Settlement
Standard(s) Violated: Article 102; 606(b); 201; 607; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 10/17/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended that his unaccredited client with limited assets invest over half her assets in an illiquid investment that required investor accreditation.

24675 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Employer Policy Violation; Fitness; Customer Complaints; Suitability; Settlement
Standard(s) Violated: Article 606(b); 607; 201; Article 3(a); 406
Matter Type(s): Client Dissatisfaction
Decision Date: 04/04/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended that an elderly client with a low net worth and a moderate-aggressive risk tolerance engage in futures contracts trading.

24809 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Failure to Notify CFP Board; Suitability; Diligence; Employer Policy Violation; Professional Discipline; Borrowing from Client; Fitness; Settlement; Revocation of a Financial Professional License; Misrepresentation
Standard(s) Violated: Article Article 3(d); 202; Article 3(e); 406; 606(a); 607; 606(b); 701; 201; 102; 401(a); Article 3(a)
Matter Type(s): Other Professional Discipline; FINRA Arbitration
Decision Date: 04/26/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Board’s Standards of Professional Conduct when he: 1) offered and sold unregistered securities to clients in violation of sections of the State Securities Act; 2) failed to inform clients that the foreign currency exchange (“FOREX”) trading program investments were securities that were not registered with any state or federal regulatory authority; 3) participated in private securities transactions for compensation without providing written notice to and receiving written authorization from the Firm, in violation of its written procedures and National Association of Securities Dealers (“NASD,” now known as the Financial Industry Regulatory Authority, Inc. or “FINRA”) Conduct Rules 3040 and 2110; 4) borrowed $200,000 from a client in violation of the Firm’s written procedures and NASD Conduct Rules 2370 and 2110; 5) sold a product that the Firm did not have a selling agreement with, in violation of its written procedures; and 6) failed to provide requested information to FINRA in violation of NASD Rule 8210 and NASD Conduct Rule 2110.

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