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Regulatory Sanctions

Could Any of These Careers Been Saved?

June 20, 2019

by Howard Haykin

 

Should a broker who’s been with a firm for 11 years be U5’d for using that firm’s FedEx account on personal mail? Perhaps more to the point, why would a broker throw away his or her career on (what might appear to be) relatively innocuous conduct?
 
The following 6 registered individuals were barred from the industry after they refused to cooperate with a FINRA investigation into their alleged conversion of firm or customer funds.
 
Could any of these career have been saved?

 

 

FINRA AWC #2018059950501.    A Morgan Stanley broker was barred for refusing to cooperate with a FINRA investigation after he was ‘terminated for cause’ on charges “he may have incurred certain charges on a personal debit card issued through Morgan Stanley which he reported as fraudulent and for which he had been reimbursed.“  At the time of his discharge, this broker had been associated with that firm throughout his entire 13-year career.

 

 

FINRA AWC #2018059936201.    A BBVA Securities broker was barred for refusing to cooperate with a FINRA investigation after he was ‘terminated for cause’ on charges he violated the bank's Code of Conduct as relates to debiting funds from customer accounts without the customer's knowledge or permission. This activity did not involve the firm or any of the firm's customers.” No details were provided. At the time of his discharge, this broker had spent his 9-year career with that firm or its affiliates.

 

 

FINRA AWC #2018058108001.    An HD Vest broker was barred by FINRA for refusing to cooperate with a FINRA investigation after she being named as a defendant in an "investment-related, consumer-initiated … civil litigation" in which it was alleged that she misused and misappropriated claimants' funds in her capacity as bookkeeper and financial advisor.” While the customer sought $600,000 in damages, the dispute was settled for $1 million. At the time she was barred, the broker had been with HD Vest for 21 years, and the firm never terminated her.

 

 

FINRA AWC #2017054565801.    An AXA Advisors broker was barred for refusing to cooperate with a FINRA investigation relating to his ‘for cause’ termination on charges he violated Firm policy concerning personal use of the Firm's overnight delivery services. This was non-investment related and no clients were impacted.” According to the broker, he “unintentionally used the branch FedEx account for personal purposes instead of my own personal FedEx account. numbers mixed up and ended using AXA, not in compliance with company policies.” At the time of his discharge, this broker had been with AXA Advisors for 11 years.  [REALLY? Terminated over office expense charges? There’s got to be more to this story.]

 

 

FINRA AWC #2017054358301.   A Cantor Fitzgerald registered principal was barred for refusing to cooperate with a FINRA investigation after he was ‘terminated for cause’ on charges he used company airline miles and received other benefits from travel providers without proper authorization.” At the time of his discharge, this individual had been associated with Cantor throughout his entire 21-year career.

 

 

FINRA AWC #2018057254501.    A Cambridge Investment Research broker was barred for refusing to cooperate with a FINRA investigation after he was 'permitted to resign' due to his failure to report a private securities transaction and settling a customer complaint.” According to FINRA, the broker induced a Firm customer to give him a $10,000 check to invest in a real estate venture - but he deposited that check into his personal bank account and the proceeds for his own personal use without the customer's knowledge or consent. One month later, the broker borrowed $30,000 from two Firm customers without the knowledge or approval of the Firm.

 

 

These cases were reported in FINRA Disciplinary Actions for June 2019.

For further details, click on the link to the respective FINRA AWC.