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27321 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Suitability
Standard(s) Violated: Article 201; Article 3(e); Article 3(a); 606(a); 701; 102; 401(a); 607; Article 3(d); 606(b)
Matter Type(s): Other Professional Discipline
Decision Date: 07/03/2012
Summary: Whether a CFP® professional ("Respondent") violated CFP Board's Standards of Professional Conduct when he: 1) failed to disclose that he was selling unregistered securities, in violation of State law; 2) failed to disclose that he would be compensated for the sale of securities, in violation of State law; 3) sold unregistered, nonexempt securities to 13 clients, in violation of State law; 4) sold an unsuitable promissory note to his client; and 5) failed to adhere to the principles of good business practice when he failed to execute his client's sell orders in a timely manner.

27686 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 4.6; 5.1; 4.3; 4.4; 6.5
Matter Type(s): Client Dissatisfaction
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when 1) he retained signed incomplete documents in 34 client files in violation of his broker dealer’s documents signature policy; 2) he failed to direct his assistant to remove incomplete documents from the client files; and 3) his broker dealer terminated his registration.

27791 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Employer Policy Violation; Outside Business Activity
Standard(s) Violated: Article 4.6; 4.4; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conductwhen he: 1) sold fixed-indexed annuities outside of his firm, in violation of firm policy and Financial Industry Regulatory Authority, Inc. (“FINRA”) Rule 2010; and 2) two representatives under his supervision sold fixed-indexed annuities outside of the firm.

27841 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Client's Best Interest; Suitability; Customer Complaints; Securities Laws Violation
Standard(s) Violated: Article 201; 607; 701; 606(b)
Matter Type(s): FINRA Arbitration
Decision Date: 11/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold clients a tenant in common (“TIC”) interest that concentrated the clients’ total net worth and investable assets into a single property without performing a cash flow analysis to determine if the clients would have sufficient income and liquid assets to cover their living expenses.

27854 – Anonymous Case History
Decision: Suspension
Standard(s) Violated: Article 606(b); 408; 102; 406; 5.1; 4.5; 606(a); 6.5; 701; 201; 4.1; 4.4; 407(a); 4.3; 607
Matter Type(s): Professionalism
Decision Date: 03/29/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) helped another individual to sell away variable annuities; 2) engaged in private securities transactions without obtaining the prior approval and consent of his employer; 3) shared commissions without the prior approval and consent of his employer; and 4) purchased new variable annuities for his clients without first processing 1035 Exchanges for the old variable annuities, thereby creating a taxable event and potentially exposing his clients to higher capital gains taxes.

27930 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Diligence
Standard(s) Violated: Article 607; 701; 201; 406
Matter Type(s): Other Professional Discipline
Decision Date: 03/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) did not perform due diligence on a 1031 exchange intermediary prior to recommending him to his clients as a Qualified Intermediary for 1031 exchanges; and 2) failed to immediately report to his employer that Intermediary had borrowed clients’ funds to repay his own Internal Revenue Service (“IRS”) tax liability, and instead loaned Intermediary the money to repay the borrowed funds.

28139 – Anonymous Case History
Decision: Suspension
Keyword(s): Disclosure to CFP Board; Diligence; Professional Discipline
Standard(s) Violated: Article 606(b); 201; 6.4; 606(a); 701; 607
Matter Type(s): Other Professional Discipline
Decision Date: 04/02/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) signed and issued an audit opinion letter as a “CPA” in State 1, when Respondent was not licensed in the state as a CPA with the State 1 CPA Board; 2) stated that he had performed an audit of Company 1, when he did not; and 3) did not have any working papers or any other audit documentation to support the audit opinion he signed and issued on behalf of Company 1.

28285 – Anonymous Case History
Decision: Suspension
Keyword(s): Conflict of Interest; Professional Discipline; Outside Business Activity; Commission/Compensation; Employer Policy Violation; Client's Best Interest
Standard(s) Violated: Article 2.2(b); 6.5; 1.4; 5.1; 4.4; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 09/10/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in an outside business activity without providing notice and receiving prior written approval from his Firm; and 2) falsely certified to his broker-dealer that he was not engaged in outside business activity.

28523 – Anonymous Case History
Decision: Private Censure
Keyword(s): Negligence; Fraud Related to Professional Activity; Employer Policy Violation; Supervision
Standard(s) Violated: Article 4.4; 4.6; 5.1; 6.5; 3.2
Matter Type(s): Other Professional Discipline
Decision Date: 05/11/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) sent unencrypted email correspondence containing confidential client information; 2) placed four trades and facilitated two wire transfers in a client’s account without discretion; and 3) directed his assistant to aid in the execution of four trades and two wire transfers in a client’s account without discretion.

28679 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 606(b); 607; 302; 701; 606(a); 201
Matter Type(s): Other Professional Discipline
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to have his wife file a tax return for the 2005 tax year and therefore did not report a possible gain based on the differential between the remaining debt on the promissory note and the adjusted tax basis of a property; 2) failed to generate records to sufficiently document his mother’s intentions as proof of the legitimacy a 2003 tax deferred exchange; 3) failed to seek a formal independent third-party review of the 1031 exchange; and 4) provided financial guidance and assistance to his mother in 2003 regarding Medicaid planning although he lacked the requisite knowledge regarding Medicaid and did not seek an independent third-party review of his plan.

29246 – Anonymous Case History
Decision: Suspension
Keyword(s): Fiduciary Duty; Misrepresentation; Commission/Compensation; Conflict of Interest; Professional Discipline; Suitability; Securities Laws Violation
Standard(s) Violated: Article 4.5; 2.1; 2.2(a); 2.2(b); 4.3; 1.4; Article 3(d)
Matter Type(s): Other Professional Discipline
Decision Date: 10/01/2018
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct by making material misstatements and omissions to their clients while recommending that the clients invest in what was found to be a Ponzi-like investment scheme.


30604 – Anonymous Case History
Decision: Private Censure
Keyword(s): Failure-to-Supervise
Standard(s) Violated: Article Article 3(a); 5.1; 4.6; 4.3
Matter Type(s): State 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 supervise an employee, resulting in the firm’s violation of several state regulatory rules.


28738 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Disclosure to Clients; Diligence; Suitability; Client's Best Interest; Fitness
Standard(s) Violated: Article 202; 102; 703; 701; 401(b); 6.5; 406; 607; 702(a); 201
Matter Type(s): FINRA Arbitration
Decision Date: 06/09/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) failed to inform his clients of the taxes, penalties and interest associated with a Net Unrealized Appreciation (“NUA”) strategy; 2) failed to diligently follow up with the clients regarding the NUA strategy; 3) offered the Clients free advisory services, a refund of advisory/financial planning fees already paid and compensation for the early withdrawal penalty; and 4) did not provide documents requested by CFP Board.

28739 – Anonymous Case History
Decision: Private Censure
Keyword(s): Suitability
Standard(s) Violated: Article 607; 703; 701; 201; 202; 705
Matter Type(s): FINRA Arbitration
Decision Date: 12/04/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold the client unsuitable variable annuities, recommended the client mortgage her home to invest the proceeds and sold the client a LTC insurance policy that did not meet her needs.

28825 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Diligence; Professional Discipline; Professionalism
Standard(s) Violated: Article 701; 6.5; 201; 606(a); 607
Matter Type(s): Other Professional Discipline
Decision Date: 05/05/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he violated the securities laws of two states by: 1) acting as an unregistered investment adviser, securities salesperson and/or broker-dealer; 2) offering and selling an unregistered and nonexempt security; 3) offering securities to non-qualified investors; 4) misrepresented by omission in offering materials that the general partner entered into a sub-advisory agreement and shared fees with the sub-advisor; and 5) failed to disclose a state consent order on his Form ADV.

28855 – Anonymous Case History
Decision: Suspension
Keyword(s): Forgery; Professionalism; Professional Discipline
Standard(s) Violated: Article 6.5; 201; 606(b); 607; 5.1; 4.3; 4.6; 102; 4.4; 406
Matter Type(s): Other Professional Discipline; FINRA Discipline
Decision Date: 11/20/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she 1) altered client documents, which violated her firm’s policies and Financial Industry Regulatory Authority, Inc.’s (“FINRA”) Rule 2010 and 2) created consolidated customer statements which were then provided to certain clients without firm pre-approval.

28992 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Professional Discipline; Securities Laws Violation; Outside Business Activity; Employer Policy Violation
Standard(s) Violated: Article 401(a); 4.3; 406; 4.1; 4.4; 2.2(b); 606(a); 201; 1.4; 407(a)
Matter Type(s): Professionalism
Decision Date: 04/07/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in outside business activities (“OBAs”) without provide notice to, and obtaining approval from, his firm in accordance with ICP’s procedures; 2) served in a fiduciary capacity as either a primary or successor trustee, or attorney-in-fact for clients without adequately disclosing to the clients how those roles might conflict with his position as their financial advisor; 3) encouraged and assisted a client to make him the beneficiary of the client’s annuity without adequately disclosing the conflict of interest created between Respondent serving as the client’s financial advisor and being designated as the beneficiary of one of the client’s assets; and 4) advised clients not to seek advice regarding the conflict of interest of making him the fiduciary of their estate and/or trust a beneficiary.

29005 – Anonymous Case History
Decision: Suspension
Keyword(s): Employer Policy Violation; Fiduciary Duty; Suitability; Disclosure to Clients
Standard(s) Violated: Article 4.6; 102; 1.4; 201; 5.1; 406; 606(b); 4.1; 4.4; 401(a); 606(a); 6.5; 2.2(a); 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 11/20/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she sold “C” shares to her clients not because they were suitable, but as a method of ensuring that she was paid for her advisory services, and failed to: 1) enter into written advisory agreements with her “C” share advisory clients; 2) provide written disclosures required by Part 2 of Form ADV to her “C” share advisory clients; and 3) provide a complete description of the share class options and fees of mutual funds to her “C” share advisory clients and failed to: 1) ensure that salespersons were making suitable “C” share investment recommendations; 2) enforce the RIA Manual requirement of a written advisory agreement for clients using “C” shares as an advisory fee; and 3) enforce the requirement of delivery of the Disclosure Document. Respondent also failed to reasonably supervise her salespersons by failing to ensure that salespersons were making suitable “C” share investment recommendations. Respondent also failed to report her suspension by State from acting in any principal or supervisory capacity for twelve months to CFP Board within 30 calendar days, in violation of Article 13.2 of the Disciplinary Rules and Procedures (“Disciplinary Rules”).

29328 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Failure to Register; Supervision; Disclosure to Clients
Standard(s) Violated: Article 4.6; 6.5; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) allowed an employee to act as an investment adviser representative without registration as an investment adviser representative; 2) failed to ensure that Firm’s annual updating amendments to the Form ADV were filed timely; 3) failed to ensure that Firm provided accurate account statements; 4) failed to amend his Form U4 timely to reflect the change of his residential address; 5) failed to ensure that Firm’s owners were properly disclosed on Form ADV; 6) failed to supervise Firm and his designee, JE, by virtue of his failure to ensure that the firm’s requisite annual reviews were conducted annually (i.e., 2011 and 2012), and when they were conducted (i.e., 2009 and 2010), they were reasonably designed to detect the numerous failures cited by SSC; and 7) entered into the Order with the SSC regarding violations of state securities laws and regulations.

29350 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Suitability; Client's Best Interest; Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 2.1; 4.1; 6.5; 4.5; 4.6; 4.3; 4.4
Matter Type(s): FINRA Discipline
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to disclose information related to the liquidity of, risks associated with, and the assets underlying an investment product; 2) failed to make and preserve books and records as required under the Exchange Act rules by having a record of basic identifying and financial information for the two clients involved in purchasing an investment; 3) allowed an unregistered employee to effect the purchase of an investment; and 4) failed to enforce his firm’s written supervisory procedures by failing to prepare new account forms and record basic identifying and financial information for the clients’ who purchased an investment.

29693 – Anonymous Case History
Decision: Suspension
Keyword(s): Disclosure to Clients; Fraud Related to Professional Activity; Fiduciary Duty
Standard(s) Violated: Article 2.1; 4.4; 2.2(b); 5.1; 1.4; 4.3
Matter Type(s): Regulatory Action; Termination
Decision Date: 11/25/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to make disclosures regarding his ownership of an investment advisory firm.

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.

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