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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.

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.

29538 – Anonymous Case History
Decision: Revocation by DEC
Keyword(s): Bankruptcy; Felony-Tax; Judgment Lien
Standard(s) Violated: Article 6.5; Article 3(a); Article 3(g)
Matter Type(s): Bankruptcies; Judgments/Liens
Decision Date: 03/25/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) filed Chapter 7 Bankruptcy in 1990 and again in 2014; and 2) informed CFP Board on multiple renewal applications for CFP® certification that he had not been a defendant or respondent in a civil action including, but not limited to, a lawsuit, arbitration or mediation relating to his professional activities when in 2009, Respondent was a defendant in a class action lawsuit concerning his professional activities.

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.

29845 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Revocation of a Financial Professional License; Professional Discipline
Standard(s) Violated: Article 606(a); Article 3(e); Article 3(d); Article 3(a); Article 3(g)
Matter Type(s): Regulatory Action
Decision Date: 04/25/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when: 1) the State Department of Taxation and Finance (“Department”) revoked her insurance license because she failed to pay employer withholding taxes, penalties and interest; 2) she failed to notify CFP Board within the required 30 calendar days that State revoked her insurance license; and 3) declared State 2 as her home state with respect to her non-resident insurance license even though she was not then licensed as an insurance producer in State 2.

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.

30180 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Failure to Notify CFP Board; Professional Discipline
Standard(s) Violated: Article Article 3(g); Article 3(a); 4.3
Matter Type(s): Regulatory Action
Summary: Respondent is the president and chief compliance officer of GFA, a State investment advisory firm. At all material times relevant to this Complaint, Respondent controlled GFA.

30197 – Anonymous Case History
Decision: Suspension
Keyword(s): Failure to Notify CFP Board; Employer Policy Violation; Suitability; Professional Discipline
Standard(s) Violated: Article 4.5; 5.1; 4.3; Article 3(a); Article 3(g); Article 3(d); Article 3(e)
Matter Type(s): Regulatory Action; Termination
Decision Date: 04/10/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to make and/or implement only recommendations that are suitable for the client by recommending and selling an unsuitable investment to a brokerage customer who lost money on an investment he admitted was inconsistent with her goals and objectives.

30845 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Failure to Notify CFP Board; Settlement; Unfair-Business-Practices; Misappropriation; Fraud Related to Professional Activity; Confidentiality
Standard(s) Violated: Article Article 3(g); Article 3(a); 6.5
Matter Type(s): Failure to Disclose to CFP Board; Civil Suit; Civil Court
Decision Date: 02/01/2018
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: (1) sought and obtained confidential client information from another firm; (2) accepted an unredacted, 52-page billing report that a colleague had printed from secure networks at another firm; (3) was found responsible by a state court for the commission of (a) misappropriating trade secrets and (b) unfair business practices; and (4) failed to disclose such to CFP Board.  
 

30836 – Anonymous Case History
Decision: Suspension
Keyword(s): Continuing Education Violation
Standard(s) Violated: Article Article 3(g); 6.2
Matter Type(s): CFP Board
Decision Date: 06/21/2018
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she, over a five-year period, self-reported that she completed 54 Continuing Education (“CE”) courses (68.5 CE credit hours) when, in fact, she had not because she either never took the courses or failed to complete the assessment/examination questions required to receive CE credit. 

 


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