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FINRA Sanctioned Two RRs for Forgery - You Be The Jury

October 5, 2011
In separate but similar FINRA cases, two female Registered Reps were disciplined for signing the names of financial advisors or managers on firm documents.  While FINRA concluded that both forgery was committed, C-I sees it quite differently.  Not only was it possible, but it was probable that these female RRs  - being good, loyal soldiers - simply followed orders and, in the end, "took the fall" for their associates or bosses who denied complicity. All one has to do is imagine a busy retail office.  All a financial advisor or producing manager wants to do is sell and generate commissions.  So they defer these "administrative tasks" to another person and even ask that person to sign their name.  ["Thanks for doing that - I owe you one."]  If you can't imagine that scenario, you've never worked in a busy office or have been wearing rose-colored glasses much too long. Unfortunately, in this forum, we it would be next to impossible to prove one side or the other.  That's why we suggest you read the cases for yourself. Start with our summaries, then read the FINRA "Acceptance, Waiver and Consent" documents, which are linked. Case One.  Carmela Knieriem ... while working as a Registered Rep in San Diego with Morgan Stanley Smith Barney, allegedly signed the names of financial advisors and the branch manager on internal documents without authorization. Ms. Knieriem served as a registered customer service associate in the San Diego branch, where she was assigned to assist financial advisers ("FAs") and other employees, including the branch manager, with administrative duties.  One of her responsibilities was to prepare internal administrative forms that were used to document and process verbal requests or instructions from customers. Between March and September 2010, on 10 occasions, Knieriem signed, without  authorization, the names of her branch manager and FAs to internal administrative forms related to customer verbal requests.  By her actions, Knieriem violated FINRA Rule 2010.   Here are 3 such examples:
  • On or about 3/23, at the request of an FA, Knieriem prepared an instruction form based on a customer's request to release account statements to a 3rd party.  Knieriem also signed the FA's name to the form without authorization, then submitted it for processing.
  • On or about 5/12, at the request of another FA, Knieriem prepared an instruction form based on a customer's verbal request to stop payment on a check from his account.  Knieriem signed the FA's name to theform without authorization and submitted it for processing.
  • On or about 9/10 and 14, at the request of the branch manager, Knieriem prepared an instruction forms based on customer's verbal requests to journal funds between customer accounts.  Knieriem signed the manager's name to the forms without authorization and submitted them for processing.
Ms. Knieriem accepted a $5K fine and 60-day suspension to settle FINRA charges.  For further details, go to:  [FINRA AWC #2010024724901] __________________________________________________ Case Two.   Marilyn Martindell ...  while serving as a Registered Rep in Colorado Springs with Raymond James Financial Services, allegedly forged the signatures of her immediate supervisor and of her branch manager at her member firm.  These actions allegedly took place from 4/30/09 until 6/18/09. Martindell allegedly forged her immediate supervisor's name to approximately 67 letters advising customers of trading activity.  She signed the name of her supervisor, a firm financial advisor, to firm documents titled “Advice of Trade” letters without the FA's authorization or consent and mailed the letters to the customers involved. Martindell also allegedly forged the branch manager's name on 2 internal Firm documents and on Martindell's own IRA distribution form.   One time, she signed her branch manager’s name to an internal firm form authorizing the transfer of funds and securities from the account of a customer to a joint account held by the customer and the customer’s relative.  A second time, Martindell signed the branch manager’s name on an internal firm form that memorialized the multiple names that another customer could use in signing documents related to his account.  Martindell also completed an IRA distribution form for her own account in order to access funds held in that account, and Martindell again signed her branch manager’s name on this form.  She did so with the manager's authorization or consent, and submitted the forms for further processing. Ms. Martindell accepted a $10K fine and 6-month suspension to settle FINRA charges.  For further details, go to:   [FINRA AWC #2009020518901] . [Disciplinary Actions for Sept. 2011]