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Broker Pitches Annuities Using Out-of-Date Brochure - That's Just Where Troubles Begin
August 20, 2012
[ by Howard Haykin ]
The Registered Rep in Camp Verde, AZ, provided his customers with an out-of-date brochure - whether purposely or by accident, we don't know. He pitched and sold 3 fixed indexed annuity contracts to a married couple who were his customers, in part by stating that the issuing company would give the customers a 10% bonus on the initial premiums they paid for the contracts - as per the brochure.
The company no longer paid 10%, but only 8%, and the company's confirmation letters informed the customers that 8% was the number. That prompting the customers to complain to to the RR, Jeffrey Robert Simbric, and to ask him to persuade the company to pay them the larger bonus the brochure had promised.
He approached the company by they refused. Then, rather than informing the customers that the company had declined to increase the bonus, Simbric fabricated a letter - which appeared to have been issued by the insurance company - informing the customers that they would receive the bonus.
But, of course, the insurance company had no knowledge of the fabricated letter - presuming the customers called to confirm their decision. The customers then complained to Simbric’s company, which led the CCO to ask Simbric to reply to the customers - Simbric initially stated he didn't know who sent the fabricated letter but later recanted and was terminated.
The icing on the cake was that Simbric failed to respond to FINRA requests to appear for an on-the-record interview. He was barred from the industry. for his efforts.
For further details, go to: [FINRA AWC #2011026168901] and [FINRA Disciplinary Actions for July 2012].

