CFP Board Censures Improper CFP® Professional Conduct

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CFP Board Censures Improper CFP® Professional Conduct

Aug 28, 2015

Certified Financial Planner Board of Standards, Inc. (CFP Board) announced today public disciplinary actions against the following individuals’ right to use the CFP® certification marks, effective immediately or on the date noted in each case. Public disciplinary actions taken by CFP Board, in order of increasing severity, include letters of admonition, suspensions and permanent revocations.

This release contains information about disciplinary actions relating to 20 CFP® professionals. Of these actions, there were 5 administrative revocations, 3 suspensions, 2 interim suspensions and 10 letters of admonition.

The basis for each decision can be found in a Disciplinary Action Report below and on CFP Board’s website. The public may check on an individual’s disciplinary history and certification status with CFP Board at www.CFP.net/verify.

CFP Board’s enforcement process is a critical consumer protection. CFP® professionals agree to abide by CFP Board’s Standards of Professional Conduct (Standards), which includes the Code of Ethics and Professional Responsibility (Code of Ethics), Rules of Conduct and Financial Planning Practice Standards (Practice Standards). The Standards set forth the ethical standards for financial planners who hold the CFP® certification.

CFP Board enforces its ethical standards by investigating incidents of alleged unethical behavior by CFP® professionals. In cases where violations are found, CFP Board may impose discipline ranging from a private censure or public letter of admonition to the suspension or revocation of the right to use the CFP® marks. CFP Board’s Disciplinary Rules and Procedures (Disciplinary Rules) set forth the process for investigating matters and imposing discipline where violations have been found.

The actions in this release result from final decisions of the Disciplinary and Ethics Commission (Commission).  The Commission meets three times a year to provide a fair, unbiased review of any matter in which a CFP® professional is alleged to have committed violations of the Standards

The Commission functions in accordance with the Disciplinary Rules and reviews all matters on a case-by-case basis, taking into account the details specific to an individual case. While CFP Board has attempted to capture the details relevant to each decision, the summary nature of these releases may omit certain details affecting the decision. Accordingly, the decisions and/or rationale described in the releases may not apply to other cases reviewed by the Commission or reflect the Commission’s future interpretation or application of the Standards.

  

STATE

NAME

LOCATION

DISCIPLINE

California

Richard J. Griswold, CFP®

Simi Valley

Public Letter of Admonition

California

Michael T. Ryan

Santa Ana

Suspension

Colorado

Jason G. Hovde, CFP®

Castle Rock

Public Letter of Admonition

Florida

Nathaniel Goldenberg, CFP®

Tampa

Public Letter of Admonition

Florida

Mark A. Lurz, CFP®

Bradenton

Public Letter of Admonition

Florida

Steve I. Shrago, CFP®

Sun City Center

Public Letter of Admonition

Florida

Jamie D. Pope

Winter Park

Administrative Revocation

Georgia

Casaline Woods

Douglasville

Administrative Revocation

Kentucky

Garrett Lee Headley, CFP®

Lexington

Public Letter of Admonition

Michigan

Dominic J. Sacca

Bloomfield Hills

Suspension

Minnesota

Kelly F. Guncheon, CFP®

Minnetonka

Public Letter of Admonition

Minnesota

Lance J. Ziesemer

Wayzata

Administrative Revocation

Minnesota

F. Christopher Piatt

Bloomington

Administrative Revocation

Missouri

Dennis A. Haubert, Jr., CFP®

Columbia

Public Letter of Admonition

New Jersey

Philip F. Rutigliano, CFP®

Garfield

Public Letter of Admonition

Ohio

Patrick J. Sullivan

Loveland

Interim Suspension

Oregon

John J. Mulligan, CFP®

Tigard

Public Letter of Admonition

Tennessee

Catherine V. Quinn

Nashville

Suspension

Wisconsin

William F. Kramer

Waukesha

Administrative Revocation


PUBLIC LETTERS OF ADMONITION

CALIFORNIA

Richard J. Griswold, CFP® (Simi Valley): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) ordered that a Public Letter of Admonition be issued to Mr. Griswold. This discipline followed the Commission’s findings that Mr. Griswold filed for Chapter 7 Bankruptcy in 2000 and again in 2014, which reflected adversely on his integrity and fitness as a CFP® professional, upon the CFP® marks and upon the profession. Mr. Griswold’s conduct violated of Rule 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Griswold with regard to the above-mentioned conduct.

COLORADO

Jason G. Hovde, CFP® (Castle Rock): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Hovde. In the offer of settlement, Mr. Hovde consented to CFP Board’s findings that he filed for Chapter 7 Bankruptcy in 1997 and again in 2010, which reflected adversely on his integrity and fitness as a CFP® professional, upon the CFP® marks and upon the profession. Mr. Hovde consented to violations of Rules 6.1 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Hovde with regard to the above-mentioned conduct.

FLORIDA

Nathaniel E. Goldenberg, CFP® (Tampa): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) ordered that a Public Letter of Admonition be issued to Mr. Goldenberg and that he complete 12 hours of remedial education in the principal topic of Professional Conduct and Fiduciary Responsibility. This discipline followed the Commission’s findings that Mr. Goldenberg resubmitted old forms or affixed clients’ signatures from old forms onto new forms approximately 12 times, which resulted in his discharge from his firm. Mr. Goldenberg’s conduct violated Rules 4.4, 5.1 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Goldenberg with regard to the above-mentioned conduct.

Mark A. Lurz, CFP® (Bradenton): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Lurz. In the offer of settlement, Mr. Lurz consented to CFP Board’s findings that he: 1) was convicted of driving under the influence on two occasions and once for violation of a restricted license; 2) failed to notify CFP Board that his address changed within 45 days of the change; and 3) failed to notify CFP Board upon being convicted of a crime within 30 days of learning of the conviction. Mr. Lurz consented to violations of Rules 6.3 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Articles 3(a), 3(c) and 3(e) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Lurz with regard to the above-mentioned conduct.

Steve I. Shrago, CFP® (Sun City Center): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission), ordered that a Public Letter of Admonition be issued to Mr. Shrago. This discipline followed the Commission’s findings that Mr. Shrago placed his interests ahead of those of his client when he recommended the client liquidate her variable annuity and use the proceeds to purchase mutual funds.  The Commission found that Mr. Shrago acted hastily and without reviewing the options available to the client within the variable annuity.  The Commission also found that Mr. Shrago recommended the 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. The Commission found that Mr. Shrago admitted to these findings when he agreed to a Stipulation and Consent agreement with the State of Florida. Mr. Shrago’s conduct violated Rules 1.4, 4.1, 4.3, 4.4, 5.1 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Shrago with regard to the above-mentioned conduct.

KENTUCKY

Garret Lee Headley, CFP® (Lexington): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Headley. In the offer of settlement, Mr. Headley consented to CFP Board’s findings that he publicly misrepresented his compensation method as “fee-only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool when he was entitled to receive and actually received commissions as a registered representative with a broker-dealer and/or as a licensed insurance agent. Mr. Headley consented to violations of Rules 2.1, 2.2(a) and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Headley with regard to the above-mentioned conduct.

MINNESOTA

Kelly F. Guncheon, CFP® (Minnetonka): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Guncheon.  In the offer of settlement, Mr. Guncheon consented to CFP Board’s findings that he publically misrepresented his compensation method as “fee-only” to clients and prospective clients on CFP Board’s “Find a CFP® Professional” search tool when he was entitled to receive and actually received commissions as a registered representative with a broker-dealer and/or a licensed insurance agent with three active appointments with insurance companies. Mr. Guncheon consented to violations of Rules 2.1, 2.2(a) and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Guncheon with regard to the above-mentioned conduct.

MISSOURI

Dennis A. Haubert, Jr., CFP® (Columbia): In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Haubert.  In the offer of settlement, Mr. Haubert consented to CFP Board’s findings that he filed for Chapter 13 Bankruptcy in 1992 and again in 2012, which demonstrated an inability to manage his personal finances. Mr. Haubert consented to violation of Rule 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Haubert with regard to the above-mentioned conduct.

NEW JERSEY

Philip F. Rutigliano, CFP® (Garfield): In May 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Rutigliano. In the offer of settlement, Mr. Rutigliano consented to CFP Board’s findings that he executed nine purchase transactions in clients’ accounts without written authorization, in violation of his firm’s policy, National Association of Broker Dealers (NASD) Rule 2510(b) and Financial Industry Regulatory Authority, Inc. (FINRA) Rule 2010. Mr. Rutigliano consented to violations of Rules 4.3, 4.4, 5.1 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Rutigliano with regard to the above-mentioned conduct.

OREGON

John J. Mulligan, CFP® (Tigard): In May 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued a Public Letter of Admonition to Mr. Mulligan. In the offer of settlement, Mr. Mulligan consented to CFP Board’s findings that he: 1) offered and sold unregistered and nonexempt interests in a private equity fund in two states; 2) offered and sold private equity interests while not registered or exempt from registration as a securities salesperson or broker-dealer in Washington; 3) entered into six performance-based compensation arrangements with unaccredited and unqualified Washington investors while at the same time representing in the private equity fund offering materials that it was limited to qualified investors; 4) misrepresented by omission in offering materials for the private equity fund interests that the general partner entered into a sub-advisory agreement and shared fees with the sub-advisor; 5) entered into investment advisory contracts with at least six Washington residents while not registered as an investment advisor in Washington; 6) entered into the Nebraska Consent Order in 2011 and the Washington Consent Order in 2013 regarding violations of state securities laws; and 7) filed five amendments to the Forms ADV of his registered investment advisors without disclosing state discipline. Mr. Mulligan consented to violations of Rules 201, 606(a), 607 and 701 of CFP Board’s Code of Ethics and Rule 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline pursuant to Article 3(a) of CFP Board’s Disciplinary Rules and Procedures. Accordingly, the Commission admonished Mr. Mulligan with regard to the above-mentioned conduct.


INTERIM SUSPENSIONS


OHIO

Patrick J. Sullivan (Loveland): In April 2015, CFP Board issued Mr. Sullivan an automatic interim suspension of his CFP® certification.  CFP Board issued an interim suspension after discovering that the Financial Industry Regulatory Authority, Inc. (FINRA formerly known as the National Association of Securities Dealers, Inc. or NASD) suspended Mr. Sullivan for failure to respond to a FINRA request for information within three months of his termination by his employer in violation of FINRA Rule 9552. Pursuant to Article 5.7 of the Disciplinary Rules and Procedures, “[a]n interim suspension shall immediately be issued without a hearing when CFP Board Counsel receives evidence of a conviction or a professional discipline in accordance with Article 13.1 for…revocation of a financial professional license (securities, insurance, accounting or bank-related license).” Under the interim suspension order, Mr. Sullivan’s CFP® certification is suspended pending CFP Board’s completed investigation and possible further disciplinary proceedings. The interim suspension order became effective on May 13, 2015.


SUSPENSIONS


CALIFORNIA

Michael T. Ryan (Santa Ana):  In April 2015, following a review by CFP Board’s Disciplinary and Ethics Commission (Commission), CFP Board issued an order suspending Mr. Ryan’s right to use the CFP® certification marks for one year and one day. This discipline followed the Commission’s findings that Mr. Ryan: 1) failed to timely and accurately notify his broker-dealer of his outside business activities, which involved his work on behalf of a third-party company in violation National Association of Broker Dealers (NASD) Rule 3030 and Financial Industry Regulatory Authority, Inc. (FINRA) Rules 2010 and 3270; 2) participated in private securities transactions without providing private written notice to and obtaining prior approval from his broker-dealer, in violation of NASD Rule 3040 and FINRA Rule 2010; and 3) entered into a letter of Acceptance, Waiver and Consent with FINRA (AWC). FINRA suspended Mr. Ryan from association with any FINRA member in any capacity for two years, fined him $40,000 and ordered him to pay $55,000, plus interest, in restitution to customers. The Commission also found that Mr. Ryan failed to disclose the FINRA suspension to CFP Board in writing within 30 days. Mr. Ryan’s conduct violated Rules 5.1, 6.1 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline under Articles 3(a), 3(d) and 3(e) of CFP Board’s Disciplinary Rules and Procedures. Mr. Ryan’s suspension is effective from May 10, 2015 until May 11, 2016.

MICHIGAN

Dominic J. Sacca (Bloomfield Hills):  In June 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued an order suspending Mr. Sacca’s right to use the CFP® certification marks for one year. In the offer of settlement, Mr. Sacca consented to CFP Board’s findings that he: 1) recommended to clients an unsuitable net unrealized appreciated (NUA) tax strategy given the clients’ ages; 2) informed the clients that they would be able to transfer their stock without the normal taxation associated with an early individual retirement account withdrawal by using the NUA strategy; 3) failed to diligently follow up with the clients regarding the NUA strategy; 4) attempted to settle with the clients by offering the clients free advisory services, a refund of advisory/financial planning fees already paid and compensation for the early withdrawal penalty, without the knowledge of his firm; and 5) was issued a cautionary letter by his firm, fined $2,500, and placed on continued heightened supervision.  Mr. Sacca consented to violations of Rules 102, 201, 202, 401(b), 406, 607, 701, and 703 of CFP Board’s Code of Ethics, Rules 6.1 and 6.5 of CFP Board’s Rules of Conduct and Financial Planning Practice Standards 400-2 and 500-2, providing grounds for discipline under Articles 3(a) and 3(b) of CFP Board’s Disciplinary Rules and Procedures. Mr. Sacca’s suspension is effective from May 31, 2015 until May 31, 2016.

TENNESSEE

Catherine V. Quinn (Nashville):  In April 2015, CFP Board’s Disciplinary and Ethics Commission (Commission) accepted an offer of settlement pursuant to which it issued an order suspending Ms. Quinn’s right to use the CFP® certification marks for nine months. In the offer of settlement, Ms. Quinn consented to CFP Board’s findings that she: 1) recommended that a client invest 75 percent of the client’s individual retirement account 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, in violation of state rules and regulations;  3) facilitated the sale of investments without reasonable grounds to believe that the investments were suitable for her customers, in violation state rules and regulations; and 4) failed to disclose a 2009 state investigation and 2010 civil suit on her 2011 CFP Board Renewal Application. Ms. Quinn consented to violations of Rules 201, 202, 606(a), 606(b), 607, 703 and 704 of CFP Board’s Code of Ethics and Rules 6.2 and 6.5 of CFP Board’s Rules of Conduct, providing grounds for discipline under Articles 3(a) and 3(g) of CFP Board’s Disciplinary Rules and Procedures. Ms. Quinn’s suspension is effective from April 10, 2015 until January 10, 2016.


ADMINISTRATIVE REVOCATIONS

FLORIDA

Jamie D. Pope (Winter Park): In April 2015, CFP Board issued an order permanently revoking Mr. Pope’s right to use the CFP® certification marks. This discipline followed Mr. Pope’s failure to file an answer to CFP Board’s Complaint within the required time period. CFP Board’s Complaint alleged, among other things, that Mr. Pope: 1) recommended and sold investments to a client that were not suitable; 2) accepted money from a client after his recommendation to invest in an unapproved outside business activity; and 3) converted a client’s funds for his own use and benefit without authorization. CFP Board’s Complaint alleged grounds for discipline under Articles 3(a) and 3(d) of CFP Board’s Disciplinary Rules and Procedures and Procedures.  Mr. Pope failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of CFP Board’s Disciplinary Rules and Procedures.  In accordance with Article 7.4 of the Disciplinary Rules and Procedures, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Pope’s revocation was effective as of May 18, 2015.

GEORGIA

Casaline Woods (Douglasville): In April 2015, CFP Board issued an order permanently revoking Mrs. Woods’ right to use the CFP® certification marks. This discipline followed Mrs. Woods’ failure to file an answer to CFP Board’s Complaint within the required time period. CFP Board’s Complaint alleged that Mrs. Woods violated Rule 6.5 of CFP Board’s Rules of Conduct when she filed for her second bankruptcy in 2013.  The Complaint alleged grounds for discipline under Article 3(a) of CFP Board’s Disciplinary Rules and Procedures.  Mrs. Woods failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules and Procedures.  In accordance with Article 7.4 of the Disciplinary Rules and Procedures, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mrs. Woods’ revocation was effective as of May 18, 2015.

MINNESOTA

F. Christopher Piatt (Bloomington): In April 2015, CFP Board issued an order permanently revoking Mr. Piatt’s right to use the CFP® certification marks. This discipline followed Mr. Piatt’s failure to file an answer to CFP Board’s Complaint within the required time period. CFP Board’s Complaint alleged, among other things, that Mr. Piatt: 1) completed a continuing education course and test for his partner without his partner’s approval or knowledge; 2) failed to disclose a 1999 misdemeanor charge and plea on his application for registration with the State; and 3) failed to cooperate fully with CFP Board’s professional review operations and requirements.  The Complaint alleged grounds for discipline under Articles 3(a), 3(d), 3(e) and 3(f) of CFP Board’s Disciplinary Rules and ProceduresMr. Piatt failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of Disciplinary Rules and Procedures.  In accordance with Article 7.4 of the Disciplinary Rules and Procedures, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Piatt’s revocation was effective as of May 18, 2015.

Lance J. Ziesemer (Wayzata): In April 2015, CFP Board issued an order permanently revoking Mr. Ziesemer’s right to use the CFP® certification marks. This discipline followed Mr. Ziesemer’s failure to file an answer to CFP Board’s Complaint within the required time period. CFP Board’s Complaint alleged, among other things, that Mr. Ziesemer: 1) sold his client unsuitable investments using an unsuitable trading strategy; 2) churned his client’s accounts; 3) executed unauthorized transactions in his client’s accounts; 4) misrepresented trades as unsolicited; and 5) failed to respond to CFP Board’s requests for information and to provide requested documentation.  The Complaint alleged grounds for discipline under Articles 3(a), 3(b) and 3(f) of CFP Board’s Disciplinary Rules and ProceduresMr. Ziesemer failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules and Procedures.  In accordance with Article 7.4 of the Disciplinary Rules and Procedures, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Ziesemer’s revocation was effective as of May 18, 2015.

WISCONSIN

William F. Kramer (Waukesha): In April 2015, CFP Board issued an order permanently revoking Mr. Kramer’s right to use the CFP® certification marks. This discipline followed Mr. Kramer’s failure to file an answer to CFP Board’s Complaint within the required time period.  CFP Board’s Complaint alleged, among other things, that Mr. Kramer: 1) was convicted of a 4th degree sexual assault; and 2) failed to respond to CFP Board’s Notice of Investigation.  The Complaint alleged grounds for discipline under Articles 3(a), 3(c) and 3(f) of CFP Board’s Disciplinary Rules and ProceduresMr. Kramer failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules and Procedures.  In accordance with Article 7.4 of the Disciplinary Rules and Procedures, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Kramer’s revocation was effective as of May 18, 2015.


ABOUT CFP BOARD

The mission of Certified Financial Planner Board of Standards, Inc. is to benefit the public by granting the CFP® certification and upholding it as the recognized standard of excellence for competent and ethical personal financial planning. The Board of Directors, in furthering CFP Board's mission, acts on behalf of the public, CFP® professionals and other stakeholders. CFP Board owns the certification marks CFP®, Certified Financial Planner™, CFP® (with plaque design) and CFP® (with flame design) in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirements.  CFP Board currently authorizes approximately 72,000 individuals to use these marks in the U.S.

 
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