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30010 – Anonymous Case History
Decision: Suspension
Keyword(s): Professional Discipline; Unauthorized Transaction; Misrepresentation; Failure to Notify CFP Board; Churning
Standard(s) Violated: Article Article 3(e); Article 3(d); Article 3(a); 5.1; 4.4; 4.3; 3.4
Matter Type(s): Sales Practice Violations; FINRA Discipline; FINRA Regulatory Action; Failure to Disclose to CFP Board; Customer Complaint to Firm
Decision Date: 07/01/2017
Summary:

Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) exercised discretion in the clients’ accounts without written discretionary authorization from the clients; 2) churned the clients’ accounts; 3) exercised discretion in the clients’ accounts without written discretionary authorization from the clients; 4) falsely informed a client that the total commissions owed to him and his firm would be the same whether they paid fees based on a percentage of the assets under management or fees based on each transaction executed in the accounts; 5) failed to disclose a regulatory action to State within 30 days; and 6) failed to report this suspension of a professional license to CFP Board within the required 30 calendar days


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.

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