1 2 3 Next Page 1 of 3 , 60 Items in Total
29377 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation; Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 5.1; 6.5; 4.4; 4.3
Matter Type(s): FINRA Regulatory Action; Employer Action
Decision Date: 03/01/2015
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he impersonated a client on the telephone to execute trades in the client’s account.


28691 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Unauthorized Transaction; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.4; 4.3
Matter Type(s): Employer Action; FINRA Regulatory Action
Decision Date: 03/01/2015
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he executed nine purchase transactions in the client’s account without written authorization, in violation of his firm’s policy, National Association of Securities Dealers (“NASD”) Rule 2510(b) and Financial Industry Regulatory Authority, Inc. (“FINRA”) Rule 2010.


29557 – Anonymous Case History
Decision: Suspension
Keyword(s): Failure to Notify CFP Board; Professional Discipline; Fraud Related to Professional Activity; Misrepresentation
Standard(s) Violated: Article 4.4; 4.3; Article 3(d); Article 3(e); Article 3(a)
Matter Type(s): FINRA Discipline
Decision Date: 06/01/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) utilized deceptive, fraudulent, and manipulative strategies involving the purchase and sale of ABCD stock; 2) engaged in pre-arranged trading in an attempt to create a false or misleading appearance of active trading relating to the market for ABCD stock; and 3) manipulated the price of ABCD stock, which ultimately led to him entering into a Letter of Acceptance, Waiver and Consent (“AWC”), barring him from association with any Financial Industry Regulatory Authority, Inc. (“FINRA” formerly known as the National Association of Securities Dealers or “NASD”) member in any capacity; and 4) failed to notify CFP Board of the FINRA bar within 30 calendar days of his notification of the bar.

29476 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Forgery
Matter Type(s): FINRA Regulatory Action
Decision Date: 06/01/2015
Summary: Whether a candidate for CFP® certification (“Respondent”) could be certified when he signed customer names to documents and cut, copied, and pasted customer signatures to documents, which resulted in his termination by firm and a cautionary action letter from Financial Industry Regulatory Authority’s (“FINRA”).
 

29370 – Anonymous Case History
Decision: Private Censure
Keyword(s): Employer Policy Violation; Forgery
Standard(s) Violated: Article Article 3(a); 6.5; 5.1; 4.3
Matter Type(s): Employer Action; Other Professional Discipline
Decision Date: 06/01/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he notarized a form without witnessing the client signing the form.
 

28235 – Anonymous Case History
Decision: Letter of Admonition
Matter Type(s): Client Dissatisfaction
Decision Date: 01/14/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to agree mutually with the client upon the services to be provided when he provided material elements of financial planning but entered into an agreement that indicated only investment analysis was being provided.

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.

28783 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability
Standard(s) Violated: Article 202; Article 3(b); Article 3(a); 201; 703; 102
Decision Date: 11/17/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) recommend a private placement to clients with low risk tolerances; 2) concentrated a significant percentage of the clients’ assets in a private placement; and 3) represented a private placement as having low risk.

28815 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability; Client's Best Interest; Arbitration; Professional Discipline; Misrepresentation; Professionalism
Standard(s) Violated: Article 703; 202; 704; 606(a); 607; 201; 606(b); 6.5; 6.2
Matter Type(s): Other Professional Discipline; Other Arbitration
Decision Date: 04/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she 1) recommended a client invest 75% of her IRA funds in a risky, illiquid alternative investment; 2) recommended and facilitated the sale of interests in six unregistered, real estate investment contracts to 55 of her clients; 3) facilitated the sale of investments without reasonable grounds to believe that the recommendation was suitable for her customers; and 4) failed to disclose a government investigation and a client-related civil suit on her 2011 Renewal Application.

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.

28835 – Anonymous Case History
Decision: Suspension
Keyword(s): Borrowing from Client
Standard(s) Violated: Article 3.6; 4.4; Article 3(b); 1.4; 607; 6.5; 2.2(e); Article 3(a); 201; 606(b)
Matter Type(s): Professionalism
Decision Date: 10/16/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to exercise reasonable and prudent judgment when he: 1) through his alter ego, his company, borrowed money from multiple clients, including a financial planning client; and 2) personally borrowed money from a client.

28846 – Anonymous Case History
Decision: Dismiss--No Merit
Matter Type(s): Criminal Court
Decision Date: 03/09/2015
Summary: Whether a CFP® professional (“Respondent”) demonstrated that his conduct did not pose an immediate threat to the public and that the gravity of the conduct did not impinge upon the stature and reputation of the CFP® certification marks (“CFP® marks”) when the State charged Respondent with two felonies and a misdemeanor relating to his transfer of funds from his father-in-law to an account by controlled by his wife and sister-in-law.

28937 – Anonymous Case History
Decision: Private Censure
Keyword(s): Securities Laws Violation
Standard(s) Violated: Article 4.4; 4.3
Matter Type(s): SEC Discipline
Decision Date: 12/04/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he, as a director of a registered investment company, approved advisory contracts for the investment company without having all the information he requested as reasonably necessary to evaluate the contracts, in violation of Section 15(c) of the Investment Company Act.

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.

28972 – Anonymous Case History
Decision: Private Censure
Keyword(s): Fee-Only; Commission/Compensation
Standard(s) Violated: Article 2.1; 6.5; 2.2(a)
Matter Type(s): Professionalism
Decision Date: 07/31/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he misrepresented his compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool.

28980 – Anonymous Case History
Decision: Suspension
Standard(s) Violated: Article 6.5; 607
Matter Type(s): FINRA Discipline
Decision Date: 02/20/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he failed to pay his IRS and State taxes for the 2000 through 2008 tax years, pay his IRS taxes for the 2009 tax year and amend his Form U4 to disclose two unsatisfied tax liens as required by the Financial Industry Regulatory Authority, Inc.’s (“FINRA”) By-Laws and Rules.

29035 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Disclosure to CFP Board; DUI/DWI; Failure to Notify CFP Board
Standard(s) Violated: Article 6.5; 6.3
Matter Type(s): Criminal Court
Decision Date: 04/13/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) was convicted of driving under the influence twice; 2) was convicted of driving with a restricted license; and 3) failed to notify CFP Board that his address changed within 45 days.

29043 – Anonymous Case History
Decision: Private Censure
Keyword(s): Commission/Compensation; Fee-Only
Standard(s) Violated: Article 2.2(a); 2.1; 6.5
Matter Type(s): Professionalism
Decision Date: 04/29/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she disclosed her compensation structure as “fee-only” on CFP Board’s “Find a CFP® Professional” search function despite her employment with Bank, which is affiliated with a broker-dealer.

29051 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Suitability; Professional Discipline; Client's Best Interest
Standard(s) Violated: Article 4.5; 1.4; 5.1; 4.1; 6.5; 4.4; 4.3
Matter Type(s): Other Professional Discipline
Decision Date: 06/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended a client liquidate her variable annuity without: 1) becoming the agent of record on the variable annuity; 2) handling the liquidation through his employer; 3) seeking approval from his employer for conducting outside business activities; and 4) knowing the cost basis of the variable annuity prior to making the recommendation.

29131 – Anonymous Case History
Decision: Denied But Allow Reapplication
Matter Type(s): Client Dissatisfaction
Decision Date: 01/14/2015
Summary: Whether a candidate for CFP® certification (“Respondent”) could be certified when he recommended that his retired clients, one of whom was terminally ill, place 100% of their retirement assets in a variable annuity.

29140 – Anonymous Case History
Decision: Denied But Allow Reapplication
Matter Type(s): Civil Court
Decision Date: 12/05/2015
Summary: Whether a candidate for CFP® certification (“Respondent”) could be certified when he filed for Chapter 7 Bankruptcy in 2000 and again in 2010.

29190 – Anonymous Case History
Decision: Granted Petition
Standard(s) Violated: Article 606(b); 607; 606(a); 406; 201
Matter Type(s): CFP Board
Decision Date: 04/13/2015
Summary: Pursuant to Article 16.2 of CFP Board’s Disciplinary Rules and Procedures, an individual who has received a suspension for a period of longer than one year must petition the Disciplinary and Ethics Commission (the “Commission”) for reinstatement. At the hearing, a petitioner must prove by clear and convincing evidence that the petitioner has been rehabilitated, has complied with all applicable disciplinary orders and provisions of CFP Board’s Disciplinary Rules, and that the petitioner is fit to use the CFP® marks.

29214 – Anonymous Case History
Decision: Suspension
Keyword(s): Securities Laws Violation; Outside Business Activity; Professional Discipline
Standard(s) Violated: Article 6.1; 5.1; 6.5
Matter Type(s): FINRA Discipline
Decision Date: 05/10/2015
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) failed to timely and accurately notify his broker-dealer of his outside business activities in violation of NASD Rule 3030 and FINRA Rules 2010 and 3270; 2) participated in private securities transactions without providing prior written notice to and obtaining prior approval from his broker-dealer in violation of NASD Rule 3040 and FINRA Rule 2010; and 3) failed to disclose to CFP Board in writing his FINRA suspension, which FINRA issued in December 2013, within 30 days as required by Article 13.2 of the Disciplinary Rules.

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