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ING Advisors Principal Conducts Outside Financial Consulting Business
May 16, 2012
[ by Melanie Gretchen ]
But that's not even half the story. This case gets weird rather quickly - taking into consideration whom we're dealing with. Promise - please continue reading.
A Saratoga Springs, NY, registered principal allegedly committed 2 serious violations - he padded his earnings with outside business activities and had discretion over individuals' accounts at other brokerage houses. In no instance, did the respondent notify his member firm as to what he was doing; nor did he ever tell the 2 other brokerage firms that he was associated with ING. [C-I Note: This individual is a real class act - you'll see, if you read below.]
Respondent Raymond Martin. Registered as a General Securities Representative in 1988, and as a General Securities Principal in 1998. From 8/2/00 through 4/23/10, he was registered in those 2 capacities through ING Investment Advisors, LLC, while serving as President and CEO of the Firm (???!!!). Prior to joining ING, Martin had been associated with State Street Capital Markets (1998-2000) and Citistreet Equities (4 months in 2000). He's currently not associated with any FINRA member firm.
FINRA Findings and Allegations. Martin allegedly engaged in outside business activities without providing prompt written notice to the Firm. Interestingly enough, the outside business activity he conducted was a financial consulting business. In this capacity, he managed 17 securities accounts at 2 broker-dealers other than his ING employer.
Needless to say, Martin never notified the 2 other B/D's of his association with ING Investment Advisors. That said, he managed these 17 accounts using the unauthorized discretionary authority to to execute transactions in those accounts.
According to FINRA, the violations took place from about February 2008 through January 2010. Martin conducted a financial consulting business without notifying the Firm that the services he provided to customers included executing trades in their brokerage
accounts. Indeed, Martin specifically told the Firm that the business was not securities-related.
Martin was compensated for his services as a financial consultant. In 2009, Martin also misrepresented to the Firm the number of customers that the business had and the amount of compensation that he received from those customers. By engaging in outside business activities without providing prompt written notice to the Firm, Martin violated NASD Conduct Rules 2110 and 3030 and FINRA Rule 2010.
Through his outside consulting business, Martin had limited trading authority or limited power of attorney over approximately 17 securities accounts at two other broker-dealers. During the relevant time period, Martin executed approximately 120 trades in those accounts. Martin failed to disclose his discretionary authority over the 17 accounts to his Firm. He also failed to disclose to the two executing broker-dealers that he was associated with the Firm. Moreover, on at least six account application forms, he falsely stated that he was not affiliated with a member firm.
By failing to fulfill his disclosure obligations as an associated person concerning securities accounts with members, Martin violated NASD Conduct Rules 2110 and 3050 and
FINRA Rule 2010.
FINRA Sanctions. To settle the FINRA charges, Martin agreed to pay a $5K fine and serve a 6-month suspension.
For further details, go to [FINRA AWC #2010021680301] and [FINRA Disciplinary Actions March 2012].

