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FINRA AWCs for September - Individuals (Day 2)
In September, FINRA reported fines and sanctions against 66 individuals - 20 (30% - too high!) are registered principals or supervisers. Today's stories ...
- Private Placement Due Diligence was Seriously Lacking.
- Abusive Use of Corporate Credit Card.
- Outside Business Conducted with Firm Customers.
- Falsified LOAs Submitted and Processed.
- Excessive MU's, MD's on Corporates.
- [ September Disciplinary Actions ]
1. Private Placement Due Diligence was Seriously Lacking. An RR (Keller, TX) was barred from industry and ordered to pay $125,000+ in restitution, settling numerous charges, including: (i) he failed to notify his firm or get its approval prior to participating in private placements ("PP's"); (ii) he failed completely to perform a reasonable investigation on the product; (iii) he took representations made on the Web site at face value; (iii) he failed to independently verify those representations; (iv) he made negligent misrepresentations of material fact in the sale of installment plan contracts, saying they could take charitable tax deductions in connection with their investments, which was not true; (iv) he provided customers with sales materials containing misleading and oversimplified descriptions of the contracts - which he never showed to a firm principal. (FINRA Case #2009019041601)
2. Abusive Use of Corporate Credit Card. Reg'd Principal (West Monroe, LA) was barred, settling charges she misappropriated member firm funds by using expense reimbursements for personal expenses, charging personal expenses to her corporate credit card and failing to pay the bills on the card. The individual's firm had previously written to her about deficient and late payments, and reminded her that the card was only for corporate expenses. Firm ultimately terminated the principal's employment and paid the outstanding $6K credit card balance. Principal then failed to cooperate with FINRA's investigation. (FINRA Case #2008015708701)
3. Outside Business Conducted with Firm Customers. An RR (Houston, TX) was fined $25K and suspended 6 months, settling charges he engaged in outside activities that involved his member firm’s customers without providing prompt written notice to his firm. The RR solicited a customer to engage in a financial arrangement in which the customer pledged a variable life policy and variable annuity contract purchased through the firm as collateral for a loan. Acting through his outside business, RR solicited another customer to loan funds to an outside entity for a construction project. (FINRA Case #2008013077101)
4. Falsified LOAs Submitted and Processed. Reg'd Principal (Raleigh, NC) was barred, settling
charges he submitted falsified journal requests to his member firm causing securities to be journaled from customer accounts to his personal account. Principal then sold those securities and converted proceeds of $1.1 million. (FINRA Case #2009016922701)
5. Excessive MU's, MD's on Corporates. Reg'd Principal (Woodland Hills, CA) was suspended 30 days (not fined because of financial status), settling
charges he placed orders for the sale of corporate bonds and applied mark-ups on the orders that were not fair and reasonable - markups or markdowns exceeded 3% and $400. These were solicited securities transactions in actively traded, liquid corporate bonds; most of the transactions were large. FINRA notes that it considered a 3% MU/MD on corporate bonds to be "excessive." FINRA further notes that MU's and MD's were not disclosed to the customers. The number of violative transactions established a pattern of abuse. (FINRA Case #2008011759201)

