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13449 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Professionalism; Lawsuits Involving Financial Matters; Suitability; Arbitration
Standard(s) Violated: Article 201; Article 3(a); 606(b)
Matter Type(s): FINRA Arbitration
Decision Date: 06/21/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards Standards of Professional Conduct when he: 1) recommended clients over-concentrate their assets in annuities; 2) failed to adequately supervise while serving as both a broker-dealer principal and compliance officer of a broker-dealer in twenty-two states with fifty brokers and five registered investment advisors; 3) violated the state securities act (“Act”) resulting in a Settlement Order (“Order”); and 4) was named in a National Association of Securities Dealers (“NASD,” now known as the Financial Industry Regulatory Authority or “FINRA”) Arbitration.

13679 – Anonymous Case History
Decision: Private Censure
Keyword(s): Arbitration
Standard(s) Violated: Article 606(b); Article 3(a); 607
Matter Type(s): FINRA Arbitration
Decision Date: 10/17/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to consider all of his clients’ financial concerns and, thus, failed to recognize the impropriety of clients of the financial advisory firm purchasing an interest in his financial advisory firm.

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.

16836 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Record-Keeping; Client Neglect; Suitability; Arbitration
Standard(s) Violated: Article 701; 201; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 04/07/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) implemented an aggressive investment strategy for an elderly client (“Client”); 2) did not inform the Client that she had unrealistic investment expectations; 3) did not review the Client’s accounts after implementing the investment; and 4) did not respond to the Client’s calls.

17554 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fiduciary Duty; Settlement; Diligence; Misrepresentation; Breach of Contract; Negligence
Standard(s) Violated: Article 701
Matter Type(s): Civil Court
Decision Date: 08/18/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he completed a client’s (“Client”) life insurance application inaccurately, resulting in the Client’s wife being denied benefits under the Client’s life insurance policy after the Client’s death.

17640 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Arbitration; Professionalism
Standard(s) Violated: Article Article 3(a); 701; 201; 406
Matter Type(s): FINRA Arbitration
Decision Date: 10/10/2008
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he: 1) did not meet with a client (“Client”) regarding a discrepancy in the number of checks written from the Client’s Cash Management Account, which was later found to involve unlawful activity by the Client’s health care aide; and 2) did not bring the matter to his branch manager’s attention.

19410 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to Clients; Diligence
Standard(s) Violated: Article 701; Article 3(a); 201; 607
Matter Type(s): FINRA Arbitration
Decision Date: 12/05/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he recommended that his client sign an individual retirement account liquidation form without first discussing the consequences with her.

19812 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Settlement; Lawsuits Involving Financial Matters; Negligence; Misrepresentation; Breach of Contract; Fiduciary Duty
Standard(s) Violated: Article 701
Matter Type(s): Civil Court
Decision Date: 08/24/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when a state civil court found him liable for violation of a state Consumer Protection Act after the wife of a former client (“Client”) lost her claim for benefits due to an inaccurate answer on the Client’s life insurance application.

19834 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Misrepresentation; Professionalism; Professional Discipline; Diligence; Fraud Related to Professional Activity
Standard(s) Violated: Article 606(a); 606(b); 406; 102; Article 3(a); 201; 607; 701
Matter Type(s): FINRA Discipline
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he obtained waivers of Contingent Deferred Sales Charges (“CDSCs”) for approximately 14 customers by claiming that these customers were disabled, when, in fact, they were not.

19875 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Fitness; Professionalism; Fraud Related to Professional Activity; Misrepresentation; Professional Discipline; Advertising; Disclosure to Clients
Standard(s) Violated: Article 102; 401(a); 402; 201; 606(a); Article 3(a); 606(b); 607; 101(b)
Matter Type(s): Professionalism
Decision Date: 07/22/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she knowingly offered securities despite inaccurate financial projections set forth in a private placement memorandum.

19888 – Anonymous Case History
Decision: Private Censure
Keyword(s): Suitability; Arbitration; Professionalism
Standard(s) Violated: Article 606(b); 201; 607
Matter Type(s): FINRA Arbitration
Decision Date: 08/11/2008
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he invested all of the life savings of a client in variable annuities.

20420 – Anonymous Case History
Decision: Private Censure
Keyword(s): Suitability; Churning; Lawsuits Involving Financial Matters; Professional Discipline; Unauthorized Transaction; Diligence; Misrepresentation
Standard(s) Violated: Article Article 3(a); 701; 703; 201
Matter Type(s): Other Professional Discipline; Professionalism; FINRA Arbitration; Civil Court
Decision Date: 03/06/2008
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he executed numerous trades in the account of a client without her approval.

20942 – Anonymous Case History
Decision: Private Censure
Keyword(s): Record-Keeping; Client Neglect; Diligence; Customer Complaints
Standard(s) Violated: Article 201; Article 3(a); 701
Matter Type(s): Professionalism; Client Dissatisfaction
Decision Date: 11/06/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he did not notify a client (“Client”) that he would not be preparing her tax returns, and did not follow up with the Client regarding her tax returns.

21362 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Misrepresentation; Diligence; Disclosure to Clients
Standard(s) Violated: Article 606(b); 701; 201; 401(a); Article 3(a); 607
Matter Type(s): Civil Court
Decision Date: 12/05/2008
Summary: Whether a CFP® certificant ("Respondent") violated CFP Board’s Standards of Professional Conduct when he did not inform his client (“Client”) of a change in the federal tax law that negatively affected a retirement plan Respondent and his partner had implemented for the Client.

21781 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Record-Keeping; Conflict of Interest; Securities Laws Violation; Professional Discipline; Disclosure to Clients
Standard(s) Violated: Article 607; 606(b); 606(a); 406
Matter Type(s): SEC Discipline
Decision Date: 03/27/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he caused his firm to violate record-keeping provisions of the Investment Advisers Act of 1940.

21865 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Settlement; Advertising
Standard(s) Violated: Article 602; Article 3(a); 606(b); 607
Matter Type(s): Professionalism
Decision Date: 07/11/2008
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he sent misleading correspondence to the clients of a competing firm in an attempt to solicit them.

21894 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fitness; Outside Business Activity; Employer Policy Violation; Unauthorized Transaction; Arbitration
Standard(s) Violated: Article Article 3(a); 406; 606(a); 606(b); 607
Matter Type(s): Client Dissatisfaction
Decision Date: 07/09/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when his employer (“Broker Dealer”) found that he had violated its policies by signing documents for a client without written authorization from the Broker Dealer and by not reporting outside activities to the Broker Dealer.

22103 – Anonymous Case History
Decision: Private Censure
Keyword(s): Commission/Compensation; Supervision; Professional Discipline; Fitness; Employer Policy Violation
Standard(s) Violated: Article 406; Article 3(a); 607; 606(b); 201
Matter Type(s): Other Professional Discipline
Decision Date: 04/25/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) persistently failed to properly document customer transactions and was subsequently terminated by his firm and investigated by the Financial Industry Regulatory Authority, Inc. (“FINRA”, formerly known as the National Association of Securities Dealers, or “NASD”); and 2) continued to act as a compliance officer in some capacity, despite entering into a Letter of Understanding wherein he agreed to no longer act as a compliance officer.

22472 – Anonymous Case History
Decision: Private Censure
Keyword(s): Diligence; Professionalism; Advertising; Supervision
Standard(s) Violated: Article Article 3(a); 606(b); 602
Matter Type(s): Professionalism
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: 1) perform due diligence in selecting a Web site contractor; and 2) adequately supervise the contractor’s work product, resulting in Respondent allowing the copyrighted material of a fellow CFP® professional to be compromised by appearing on Respondent’s Web site.

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.

22601 – Anonymous Case History
Decision: Private Censure
Keyword(s): Negligence; Diligence
Standard(s) Violated: Article Article 3(a); 201; 701; 606(b); 607
Matter Type(s): Civil Court
Decision Date: 11/28/2011
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) prepared complex legal instruments for a mentally impaired individual ("Client") he had never met; 2) did not conduct an assesment of the Client's mental capacity prior to having her execute the legal instruments; and 3) had the Client execute legal instruments she did not and could not fully comprehend.

22702 – Anonymous Case History
Decision: Private Censure
Keyword(s): Competency; Suitability; Fiduciary Duty; Misrepresentation; Diligence
Standard(s) Violated: Article Article 3(a); 201; 701; Article 3(g)
Matter Type(s): FINRA Arbitration
Decision Date: 08/10/2009
Summary: Whether a CFP® certificant violated CFP Board’s Standards of Professional Conduct when he: 1) recommended that a client (“Client”) invest her entire individual retirement account portfolio in equity mutual funds; 2) illustrated the performance of the equity funds to the Client with an inappropriately high rate of return; and 3) did not obtain further information from the Client after she indicated conflicting investment goals.

22798 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Professional Discipline; Forgery; Settlement; Record-Keeping; Disclosure to CFP Board
Standard(s) Violated: Article 102; 201; 406; 607; Article 3(g); 606(b); Article 3(a)
Matter Type(s): FINRA Arbitration
Decision Date: 08/10/2009
Summary: Whether a candidate for CFP® certification violated CFP Board’s Standards of Professional Conduct when he placed an incorrect date, at his client’s request, next to his branch office manager’s signature on several documents.

22820 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professionalism; Fitness
Standard(s) Violated: Article 606(b); Article 3(a); 201; 607
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 promised to personally make the client whole after the client sustained alleged losses on a free withdrawal from an annuity.

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