CFP Board Imposes Interim Suspension on Joseph F. Bartosiewicz of Scottsdale, Arizona

CFP Board of Standards (CFP Board) announced that it has imposed an interim suspension of the CFP® certification against Joseph F. Bartosiewicz, which is effective as of July 24, 2023.

CFP Board issued an automatic Interim Suspension Order suspending Mr. Bartosiewicz’s right to use the CFP® certification marks after receiving evidence that the Financial Industry Regulatory Authority, Inc. (FINRA) permanently barred Mr. Bartosiewicz from associating with any FINRA member in any capacity on July 18, 2023. In its order, FINRA made findings that Mr. Bartosiewicz acknowledged receipt of FINRA’s request and refused to produce the information or documents requested. FINRA determined that Mr. Bartosiewicz’s refusal to produce the information or documents as requested violated FINRA Rules 8210 and 2010 and warranted a permanent bar. Under the automatic Interim Suspension Order, Mr. Bartosiewicz’s right to use the CFP® certification marks is suspended pending CFP Board's completed investigation and possible further disciplinary proceedings.

An interim suspension is a suspension of a CFP® professional’s certification and trademark license during the pendency of CFP Board enforcement proceedings. A Respondent subject to an Interim Suspension Order must not use the CFP® certification marks or state or suggest that Respondent is a CFP® professional while the Interim Suspension Order is in effect. An Interim Suspension Order is a temporary sanction and does not preclude CFP Board from imposing a final sanction. An interim suspension may be in place for a period not greater than five years but will remain in place until (1) the Disciplinary and Ethics Commission (DEC) or, if an appeal is filed, the Appeals Commission, issues a final order addressing the conduct at issue in the Interim Suspension Order; (2) Enforcement Counsel dismisses the investigation of the conduct at issue in the Interim Suspension Order and either (i) Respondent files and DEC Counsel grants a Petition to Vacate the Interim Suspension Order or (ii) Enforcement Counsel files and DEC Counsel grants a Motion to Terminate the interim suspension; (3) Respondent fails to file a Petition for Reinstatement After Interim Suspension Order within two years of the effective date of the Interim Suspension Order and DEC Counsel grants Enforcement Counsel’s Motion for an Administrative Order; (4) Respondent fails to satisfy the requirements of Article 2.3 of the Procedural Rules and DEC Counsel grants Enforcement Counsel’s Motion for an Administrative Order; or (5) the DEC grants a Petition for Reinstatement After Interim Suspension Order filed by Respondent and Respondent has completed all requirements for CFP® certification.

The basis for this decision also may be found on CFP Board’s website at CFP.net/verify. At that website, CFP Board provides the public with:

• The ability to check on any individual’s CFP Board disciplinary history and CFP® certification status.
• Links to other sources of information about CFP® professionals that may be more recent or that may contain information that has not led to CFP Board discipline and does not appear on CFP Board’s website. This information may include customer disputes, disciplinary actions taken by a regulator or employer, certain criminal matters and certain financial matters (such as bankruptcy proceedings and unpaid judgments or liens).
• Links to FINRA’s BrokerCheck and the U.S. Securities and Exchange Commission’s (SEC’s) Investment Adviser Public Disclosure databases for individuals who are subject to FINRA or SEC oversight.

CFP Board’s Enforcement Process

As part of their certification, CFP® professionals make a commitment to CFP Board to abide by CFP Board’s Code of Ethics and Standards of Conduct (Code and Standards) or its predecessor, the Standards of Professional Conduct (Standards), which included the Code of Ethics and Professional Responsibility, Rules of Conduct and Financial Planning Practice Standards. CFP Board’s Procedural Rules set forth the process for investigating matters and imposing sanctions where violations have been found.

CFP Board enforces its ethical standards by investigating alleged violations and, where there is probable cause to believe there are grounds for sanction, presents a Complaint containing the alleged violations to CFP Board’s DEC. The DEC meets at least six times a year to review any matter in which CFP Board has alleged that a CFP® professional has violated the Code and Standards or its predecessor Standards. The DEC functions in accordance with the Procedural Rules and reviews all matters on a case-by-case basis, considering the details specific to an individual case. If the DEC determines there are grounds for sanction, then it may impose a sanction. DEC orders may be appealed by a CFP® professional or CFP Board pursuant to the Procedural Rules.

In certain circumstances, such as when a CFP® professional is in default due to failure to acknowledge receipt of a Notice of Investigation or file an Answer, Enforcement Counsel may file a Motion for Administrative Order, which DEC Counsel will resolve in accordance with the Procedural Rules. Administrative Orders are subject to appeal.

More information on CFP Board’s enforcement process can be found at CFP.net/ethics/enforcement.