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27368 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Failure to Respond to CFP Board
Standard(s) Violated: Article 705; 606(a); 201; 406; Article 3(d); 607
Matter Type(s): FINRA Discipline
Decision Date: 07/20/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct

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.

28165 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Client's Best Interest; Misrepresentation; Securities Laws Violation; Suitability
Standard(s) Violated: Article Article 3(a); 6.5; 4.3; 1.4; 4.4; Article 3(d); 5.1
Matter Type(s): FINRA Discipline
Decision Date: 07/31/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) used discretion to buy and sell approximately 120 Inverse Floater CMOs for his clients’ accounts without obtaining prior written authorization from the clients and prior written acceptance of their accounts as discretionary by his firm, in violation of the firm’s policy, National Association of Securities Dealers (“NASD”, now known as the Financial Industry Regulatory Authority, Inc. or “FINRA”) Rule 2510 and FINRA Rule 2010; and 2) was suspended by FINRA for violating FINRA rules.

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.

28379 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Professional Discipline; Employer Policy Violation; Failure to Notify CFP Board
Standard(s) Violated: Article Article 3(d); 406; 5.1; Article 3(g); Article 3(e); Article 3(a)
Matter Type(s): FINRA Discipline
Decision Date: 07/26/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in outside business activities without prior written approval; 2) denied receiving compensation outside his broker-dealer on his 2007, 2008, and 2009 compliance questionnaires while he was receiving compensation directly from Client; 3) stated in 2007, 2008, and 2009 compliance questionnaires that he delivered all transaction documents and other items requiring approval but did not deliver documents regarding his outside transactions; 4) was suspended by the Financial Industry Regulatory Authority, Inc. (“FINRA” formerly known as the National Association of Securities Dealers, Inc “NASD”); and 5) failed to report his FINRA suspension to CFP Board within 30 days.

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.

28897 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Securities Laws Violation; Professional Discipline
Standard(s) Violated: Article 4.3; Article 3(d); Article 3(a); 5.1
Matter Type(s): Other Professional Discipline
Decision Date: 07/21/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) recommended closed-end funds (“CEF”) to his clients that were not approved by Firm; 2)mismarked order tickets as being unsolicited when they were solicited, which resulted in Firm’s books and records being inaccurate; and 3) disclosed personal trading information to clients.

30311 – Anonymous Case History
Decision: Suspension
Keyword(s): Employer Policy Violation; Professional Discipline; Professionalism
Standard(s) Violated: Article Article 3(a); 5.1; 4.3; Article 3(g); Article 3(d); Article 3(e)
Matter Type(s): Regulatory Action
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was terminated by his employer for altering client documents.

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.


30876 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Securities Laws Violation
Standard(s) Violated: Article Article 3(d); 4.4; 4.3; 4.1; 2.1
Matter Type(s): Other Professional Discipline
Decision Date: 10/01/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he allocated block trades in a manner inconsistent with his firm’s disclosed trading policy.


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.

30850 – Anonymous Case History
Decision: Suspension
Keyword(s): Failure-to-Report; Client's Best Interest; Fiduciary Duty; Misrepresentation; Suitability
Standard(s) Violated: Article Article 3(e); Article 3(d); Article 3(a); 4.5; 4.4; 4.3; 2.1; 1.4
Matter Type(s): FINRA Arbitration; Failure to Disclose to CFP Board; FINRA Discipline
Decision Date: 06/01/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he (1) made an unsuitable investment recommendation to a client; (2) misrepresented the values of annuities being recommended to that client; (3) placed his interest above his client’s interest by making an unsuitable recommendation that resulted in more than $25,000 in commission fees for the Respondent; and (4) failed to report a subsequent suspension by the Financial Industry Regulatory Authority (“FINRA”) to CFP Board within 30 days.


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”). 

30699 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Fraud Related to Professional Activity; Settlement
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.4; 4.3
Matter Type(s): Employer Action; FINRA Discipline
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he falsely attested to his firm that he had confirmed a customer's intention to transfer funds out of the customer's account, enabling fraudulent transfers from that account. 

30782 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Unauthorized Transaction; Felony-Non-Violent Crime
Standard(s) Violated: Article Article 3(a); Article 3(d); 4.3
Matter Type(s): Employer Action; Criminal; Criminal Court
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) performed 40 unauthorized trades in a deceased person’s account; (2) failed to notify his firm of the death of two advisory clients, in violation of firm policy; and (3) accidentally brought a loaded firearm into an international airport and, thereafter, pled guilty to felony charges. 

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. 

30781 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Settlement; Employer Policy Violation; Private-Securities-Transaction
Standard(s) Violated: Article Article 3(d); Article 3(a); 4.3; 606(a)
Matter Type(s): FINRA Discipline; Employer Action
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he personally invested in a private securities transaction without the consent of his firm. 

30788 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Settlement; Employer Policy Violation; Private-Securities-Transaction; Outside Business Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.4; 4.3
Matter Type(s): Employer 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) exceeded the scope of his pre-approved outside business activities (“OBAs”) by providing services to a company amounting to day-to-day management; (2) engaged in two undisclosed OBAs (i.e., managing a consulting firm and a family member’s LLC); and (3) engaged in a private securities transaction for the family member’s LLC without his firm’s prior approval. 

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. 


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.


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