Page 1 of 1 , 17 Items in Total
28882 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Diligence; Employer Policy Violation; Misrepresentation
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.4
Matter Type(s): Customer Complaint; Client Dissatisfaction
Decision Date: 06/01/2014
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) executed a trade for a client at a later time and date than the client original requested; 2) misstated to the client his firm’s policy on management fees charged on cash balances; 3) directed his assistant to falsely state on a membership renewal application that he had no customer complaints within the last five years when he did; and 4) accepting a trade for a client via email.


26250 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 5.1; 6.5; 4.3; 4.4
Matter Type(s): Client Dissatisfaction
Decision Date: 08/13/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he 1) used discretion in client accounts without obtaining prior written authorization from the clients and prior written acceptance of their accounts as discretionary from his firm; 2) was suspended by the Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known that the National Association of Securities Dealers or “NASD”); and 3) reported his FINRA suspension more than 30 days after receiving notification of the suspension.

26931 – Anonymous Case History
Decision: Private Censure
Keyword(s): Forgery; Judgment Lien; Customer Complaints
Standard(s) Violated: Article 6.5; 201; 607; 4.3; 4.4
Decision Date: 04/11/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she: 1) assisted a client with obtaining restitution from an insurance company after taking two withdrawals in an Annuity contract year with the knowledge that it would reduce the guaranteed withdrawal benefits of the Annuity; and 2) altered dates on a client document.

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.

28376 – Anonymous Case History
Decision: Private Censure
Standard(s) Violated: Article 6.5; 4.3; 4.4
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 she engaged in investment advisory business in State over a three-year period without registering as an investment advisor in State.

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.

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.

28851 – Anonymous Case History
Decision: Private Censure
Standard(s) Violated: Article 4.4; 5.1; 6.5
Matter Type(s): Professionalism
Decision Date: 08/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he impersonated a client on the telephone in order to execute trades in the client’s account.

28734 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Suitability; Failure to Notify CFP Board; Customer Complaints
Standard(s) Violated: Article 4.4; 5.1; 6.5; 4.3; 1.4
Matter Type(s): Client Dissatisfaction
Decision Date: 11/21/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he signed the names of six clients on suitability forms and failed to disclose his Financial Industry Regulatory Authority, Inc. (“FINRA”) suspension to CFP Board within 30 days as required by Article 13.2 of the Disciplinary Rules and Procedures (“Disciplinary Rules”).

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.

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”).

29017 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fraud Related to Professional Activity; Unauthorized Transaction; Employer Policy Violation; Securities Laws Violation
Standard(s) Violated: Article 5.1; 4.4; 3.2; 6.5
Matter Type(s): Other Professional Discipline
Decision Date: 12/06/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to obtain the proper verbal authorization from a client, as required by his firm’s Procedures Manual, prior to executing a trade, resulting in unauthorized trades and the wiring of a client’s funds to a criminal in response to a fraudulent trade request.

29019 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 6.5; 2.2(a); 2.1
Matter Type(s): Professionalism
Decision Date: 11/20/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct (“Standards”) when he inaccurately disclosed his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function.

29042 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): Professionalism
Decision Date: 12/08/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he publicly misrepresented his compensation method as “fee only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool.

29057 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Professional Discipline
Standard(s) Violated: Article 4.3; 6.5; 5.1; 4.4
Matter Type(s): Professionalism; FINRA Discipline
Decision Date: 11/21/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she instructed her clients to sign forms that were incomplete, in violation of her firm’s policy and Financial Industry Regulatory Authority, Inc. (“FINRA”) Rule 2010.

29211 – Anonymous Case History
Decision: Letter of Admonition
Standard(s) Violated: Article 4.3; 1.4; 4.4; 6.5; 5.1
Matter Type(s): Client Dissatisfaction; FINRA Discipline
Decision Date: 11/21/2014
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he signed the names of six clients on suitability forms and failed to disclose his Financial Industry Regulatory Authority, Inc. (“FINRA”) suspension to CFP Board within 30 days as required by Article 13.2 of the Disciplinary Rules and Procedures (“Disciplinary Rules”).

Page 1 of 1 , 17 Items in Total