Page 1 of 1 , 22 Items in Total
31039 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Professionalism; Professional Discipline; Forgery; Forged-Client-Signatures
Standard(s) Violated: Article 5.1; 4.4; 4.3
Matter Type(s): Termination; Employer Action; Customer Complaint; Professional Organization Disciplinary Action; FINRA Discipline
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he altered customer signatures on automated customer account transfer forms and mutual fund switch forms to process transactions.


29758 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability; Professionalism; Professional Discipline; Client's Best Interest
Standard(s) Violated: Article 1.4; 4.4; Article 3(d); 4.3
Matter Type(s): FINRA Discipline; Client Dissatisfaction; FINRA Arbitration
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he recommended an investment strategy to an elderly client that was unsuitable because it unduly concentrated her portfolio in risky, leveraged precious metal products.


30450 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Books and Records; Conflict of Interest; Disclosure to Clients; Client's Best Interest
Standard(s) Violated: Article Article 3(d); 4.4; 4.3; 2.2(b); 1.4; Article 3(a)
Matter Type(s): Regulatory Action; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: (a) seek best execution for clients when investing them in share classes that charged 12b-1 fees despite the availability of corresponding share classes without the fees; (b) disclose in his firm’s Forms ADV and advisory agreements the conflicts of interest that existed regarding his recommendations to clients of mutual funds that contained 12b-1 fees; and (c) perform required annual compliance reviews.


24137 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fraud Related to Professional Activity; Customer Complaints; Professionalism; Client's Best Interest
Standard(s) Violated: Article 4.4; 2.1; 6.5; 4.5; 1.4
Matter Type(s): Civil Court
Decision Date: 12/06/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) obtained approval for a commission increase on a 401K plan from a company executive who did not normally approve such changes; and 2) recommended that officers of the company transfer management of their personal assets to Respondent’s new firm without disclosing that they would incur surrender charges.

24154 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Disclosure to Clients; Professional Discipline; Professionalism; Employer Policy Violation; Unauthorized Transaction; Fitness
Standard(s) Violated: Article 6.5; 5.1; 4.4; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 07/23/2010
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) executed a trade without the client’s written authorization; 2) emailed an updated Form ADV to a client; and 3) provided investment advice to an associate by email.

24706 – Anonymous Case History
Decision: Private Censure
Keyword(s): Conflict of Interest; Disclosure to Clients; Client's Best Interest; Diligence
Standard(s) Violated: Article 4.4; 1.4; 4.1; Article 3(a)
Matter Type(s): Client Dissatisfaction
Decision Date: 08/21/2012
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to: 1) communicate with Husband and Wife appropriately regarding conflicts with representing both after he became aware of their potential divorce; and 2) appropriately respond to Wife’s inquiries and subsequent check processing by failing to inform her that Husband refused to consent to the sale of investments to cover a large check.

24933 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Disclosure to Clients; Fitness; Customer Complaints; Unauthorized Transaction; Professionalism; Diligence
Standard(s) Violated: Article Article 3(a); 4.4; 6.5; 2.2(b)
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: 1) made unauthorized trades by liquidating a deceased client’s trust account causing the trust to incur commissions; 2) was unaware that the bank trustee could have contacted the broker-dealer directly to avoid transaction costs; and 3) agreed to accept $200,000 as a beneficiary of the client’s trust account, while maintaining his role advisor to the trust.

25882 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Disclosure to Clients
Standard(s) Violated: Article Article 3(a); 6.5; 4.4; 5.1
Matter Type(s): Client Dissatisfaction
Decision Date: 09/12/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he disseminated index performance charts that had not been approved by his employer for public dissemination.

25984 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Bankruptcy; Professionalism
Standard(s) Violated: Article 6.5; 4.4
Matter Type(s): Professionalism; Client Dissatisfaction
Decision Date: 01/04/2012
Summary: Whether a CFP® professional ("Respondnet") violated CFP Board's Standards of Professional Conduct when he: 1) failed to properly execute a client's ("Client") requests for automatic transfers between two accounts; and 2) filed for Chapter 7 bankruptcy.

26289 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Outside Business Activity; Professionalism; Disclosure to CFP Board; Employer Policy Violation
Standard(s) Violated: Article 4.4; Article 3(a); 6.4; 6.5; 5.1
Matter Type(s): FINRA Discipline
Decision Date: 11/10/2011
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) engaged in outside business activities without providing prompt written notice to her employer of her activities, in violation of firm policy, National Association of Securities Dealers (“NASD,” now known as the Financial Industry Regulatory Authority or “FINRA”) Rule 3030 and 2110 and FINRA Rules 3030 and 2010; and 2) failed to notify CFP Board of her FINRA suspension.

26476 – Anonymous Case History
Decision: Suspension
Keyword(s): Arbitration; Suitability; Client's Best Interest; Fiduciary Duty
Standard(s) Violated: Article 6.5; 4.4; 202; 1.4; 4.5; 606(b); 201; 102; 607; 1.3; 703
Matter Type(s): FINRA Arbitration
Decision Date: 05/08/2013
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he concentrated clients’ assets in private placements.

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.

28675 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fraud Related to Professional Activity; Employer Policy Violation; Professionalism
Standard(s) Violated: Article 4.3; 4.4; 5.1; 6.5
Matter Type(s): Professionalism
Decision Date: 05/14/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he had his clients sign blank Automated Customer Account Transfer (“ACAT”) forms.

31159 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Fitness; Employer Policy Violation; Professionalism; Professional Discipline; Forgery; Forged-Client-Signatures
Standard(s) Violated: Article 6.5; 5.1; 4.4; 4.3
Matter Type(s): Termination; FINRA Discipline; Employer-Investigation
Decision Date: 02/28/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he intentionally forged client’s initials on a transfer of client money form and lied about the forgery to his Manager.


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”). 

30803 – Anonymous Case History
Decision: Suspension
Keyword(s): Settlement; Customer Complaints; Private-Securities-Transaction; Outside Business Activity; Professional Discipline; Failure-to-timely-Amend-U-4; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 5.1; 4.4; 4.3
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: (1) failed to timely amend and update his Form U4 to disclose a short sale and a compromise (2) introduced and recommended to clients that they provide a short-term business loan to an investment without providing prior and/or prompt written notice to his firm; and (3) introduced and recommended an investment to three firm clients without providing prior written notice to ABC of his participation in the transactions. 

30648 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Client Neglect; Client's Best Interest; Embezzlement or Other Financial; Arbitration
Standard(s) Violated: Article 5.1; 4.4; 4.3; 3.2; Article 3(a)
Matter Type(s): Employer Action; CFP Board; FINRA Arbitration
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she 1) conducted securities-related business communications with a firm customer using an outside/personal email account, in violation of Firm’s compliance policies, which expressly stated that the use of an outside email system by a financial advisor to communicate with clients, prospects or other Firm associated persons regarding Firm business, or for any other Firm business purpose is prohibited; 2) forwarded account information for a securities customer to the same outside/personal email address, in violation of FINRA Rule 2010; and 3) failed to take prudent steps to protect the security of information and property, including the security of stored information, whether physically or electronically, that was within Respondent’s control when she conducted securities-related business communications with a firm customer using an outside/personal email account.


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.

28945 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Securities Laws Violation; Professionalism
Standard(s) Violated: Article 2.1; 4.3; 4.4; 6.2; 6.5
Matter Type(s): FINRA Arbitration
Decision Date: 10/30/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) engaged in investment advisory business in State without proper registration, resulting in a Consent Order from the State Securities Division; and 2) failed to disclose the Consent Order with State on his 2009, 2012 and 2014 CFP® certification Renewal Applications.

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”).

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.

30628 – Anonymous Case History
Decision: Suspension
Keyword(s): Failure to Respond to CFP Board; Misrepresentation; Professionalism; Diligence; Suitability; Fiduciary Duty; Client's Best Interest
Standard(s) Violated: Article 4.5; Article 3(b); Article 3(f); 701; 400-3; 4.4; 300-1; 202; 2.1; 1.4
Matter Type(s): Customer Complaint; Complaint to CFP Board
Decision Date: 02/01/2019
Summary:

Whether a CFP® professional violated CFP Board’s Standards of Professional Conduct when he repeatedly and over the course of time failed to act in the interest of his client because he: (a) did not provide the client with the financial planning services outlined in the Financial Planning Agreement; (b) failed to schedule annual portfolio reviews with a client to consider whether her current holdings matched her current priorities; and (c) failed to update the client’s portfolio based upon her changed circumstances after she lost her job, became ill, and grew increasingly closer to retirement.


Page 1 of 1 , 22 Items in Total