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30804 – Anonymous Case History
Decision: Deny Reinstatement
Keyword(s): Suitability; Reinstatement
Matter Type(s): Application-for-Reinstatement
Decision Date: 10/01/2017
Summary:

Whether a petitioner, who had his right to use the CFP® certification suspended for a period of four years (“Respondent”), has proven by clear and convincing that he has been rehabilitated, has complied with all applicable disciplinary orders and provisions of CFP Board’s Disciplinary Rules, and that he is fit to use the CFP® marks.


30735 – Anonymous Case History
Decision: Bar-from-Taking-CFP-Certification-Exam
Keyword(s): Exam
Matter Type(s): Exam
Decision Date: 10/01/2017
Summary: Whether a CFP® professional (“Respondent”) violated the terms of the CFP® Exam Application, Vendor’s Testing Center Regulations, and CFP Board’s Non-Disclosure Agreement (“NDA”) by engaging in exam misconduct or other testing irregularity that could compromise the integrity of the exam, including when he: (a) denied that he had removed a sheet of the scratch paper from the scratch booklet; (b) failed to return the scratch paper to the TCA when requested; and (c) concealed and removed the scratch paper, with written examination information, from the Testing Center.

30419 – Anonymous Case History
Decision: Suspension
Keyword(s): Fraud Related to Professional Activity; Books and Records; Employer Policy Violation
Standard(s) Violated: Article Article-13.4; Article-13.1; Article 3(d); Article 3(a); 4.6; 4.3
Matter Type(s): Employer Action; 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 failed to reasonably supervise his assistant, who had primary responsibility for preparing and processing applications and other account paperwork for customers.  Respondent’s assistant (a) altered documents relating to customer accounts, including by reusing signatures from forms that previously had been completed by customers, (b) caused the falsified forms to be maintained in the customers’ files, and (c) falsified documents to expedite transactions as an accommodation to customers (the firm’s compliance manual prohibited altering documents in the manners employed). 


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.


30420 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Forgery; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); Article 3(d); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action; FINRA Discipline
Decision Date: 10/25/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he had clients sign blank or undated forms and allowed staff to “white-out” dates on those forms in order to reuse them for mutual fund exchanges.


30618 – Anonymous Case History
Decision: Private Censure
Keyword(s): Professional Discipline; Outside Business Activity
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Regulatory Action
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he engaged in an outside business activity without properly reporting the outside business activity to, and obtaining approval from, his Firm. 


30535 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Securities Laws Violation; Selling Away
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he sold an investment to clients of his firm without providing prior written notice of his participation in the transaction or obtaining his firm’s written approval to participate in the transaction. 


30570 – Anonymous Case History
Decision: Suspension
Keyword(s): Outside Business Activity; Previous Discipline
Standard(s) Violated: Article Article 3(d); Article 3(a); 5.1; 4.3
Matter Type(s): FINRA Discipline
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he participated in private securities transactions without providing prior written notice to or obtaining approval from the Firm.   


30022 – Anonymous Case History
Decision: Granted Petition
Keyword(s): Customer Complaints; Fitness; Professional Discipline; Forgery
Matter Type(s): Regulatory Action
Decision Date: 04/11/2017
Summary: Whether a Professional Eligible for Reinstatement (“Respondent”) could have his certification reinstated when he altered client documents.

30247 – Anonymous Case History
Decision: Denied But Allow Reapplication
Keyword(s): DUI/DWI
Matter Type(s): Criminal
Decision Date: 01/27/2017
Summary: Whether a candidate for CFP® certification could be certified when he was the subject of an arrest and conviction for Driving under the Influence along with six other misdemeanor convictions between 2007 and 2013.

30390 – Anonymous Case History
Decision: Reinstatement
Keyword(s): Felony-Violent Crime
Matter Type(s): Criminal
Decision Date: 04/07/2017
Summary: Whether a candidate for CFP® certification could be certified when he was the subject of 2006 Felony Conviction for Criminal Attempt to Endanger the Welfare of a Child.

30536 – Anonymous Case History
Decision: Reinstatement
Keyword(s): Misdemeanor; Fitness
Matter Type(s): Criminal
Decision Date: 04/10/2017
Summary: Whether a candidate for CFP® certification (“Respondent”), could be certified when she was convicted of 2nd degree misdemeanor assault.

27713 – Anonymous Case History
Decision: Suspension
Keyword(s): Customer Complaints; Professional Discipline; Suitability
Standard(s) Violated: Article 1.4; 201; 4.5; 6.5
Decision Date: 06/12/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he recommended and sold clients alternative investments that resulted in an unsuitable concentration of the clients’ assets in alternative investments and were unsuitable due to the clients’ ages, risk tolerances, and investment objectives.

24228 – Anonymous Case History
Decision: Suspension
Keyword(s): Suitability
Decision Date: 01/12/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: recommended and sold clients alternative investments, including Tenancy-in-Common (“TIC”) interests and other private placements, that resulted in an unsuitable concentration of the clients’ assets in alternative investments and were unsuitable due to the clients’ ages, risk tolerances, and investment objectives.

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.

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. 


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.


30414 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misdemeanor
Standard(s) Violated: Article Article 3(c); Article-13.1; 6.5; Article 3(a)
Matter Type(s): Criminal; CFP Board
Decision Date: 10/02/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was convicted of sexual assault for groping a houseguest. 


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.


30358 – Anonymous Case History
Decision: Private Censure
Keyword(s): Misrepresentation; Employer Policy Violation
Standard(s) Violated: Article Article 3(a); 4.3; 5.1
Matter Type(s): Employer Action; FINRA Discipline; CFP Board
Decision Date: 10/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he altered an email from a third party, forwarded it to an emp1oyee at his firm, and misrepresented that the email was written by the third party, to complete a transfer of funds requested by his client. 

 


30621 – Anonymous Case History
Decision: Dismiss--w/Caution
Keyword(s): Securities Laws Violation; Record-Keeping; Professional Discipline; Disclosure to Clients; Books and Records
Standard(s) Violated: Article Article 3(a); 4.3
Matter Type(s): Regulatory Action
Decision Date: 10/25/2017
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when she violated the State administrative code by: a) excluding the formula used to calculate the advisory fee on its invoices; b) failing to concurrently send invoices at the time the advisory fee was deducted; c) taking action to withdraw funds when failing to comply with safekeeping requirements; d) failing to maintain net capital of at least $25,000; e) failing to notify the State within 24 hours of its deficient net capital and to suspend business operations during the time of the net capital deficiency; f) failing to amend multiple items on its Form ADV; and g) failing to file timely financial statements.

30270 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed and appointed to sell insurance products for commissions and received commissions for the sale of an insurance product.  


30265 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): Commission/Compensation
Standard(s) Violated: Article Article 3(a); 2.1
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he twice represented his compensation method as “fee-only” on CFP Board’s “Find a CFP® Professional” search tool even though he was licensed to sell insurance products for commission and received a commission for the sale of an insurance product.


30580 – Anonymous Case History
Decision: Letter of Admonition
Keyword(s): DUI/DWI
Standard(s) Violated: Article Article 3(c); Article 3(a); 6.5
Matter Type(s): Criminal Court; Criminal
Decision Date: 10/18/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he was convicted of two counts of misdemeanor Operating Under the Influence and one count of misdemeanor Interfering with an Officer.  


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