Broker Misconduct - Law Offices of Robert Wayne Pearce

Jan 14, 2019

Former NYLife Representative Suspended for Privately Settling Complaint

Jose Luis Paula submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly violating FINRA Rule 2010. Jose Paula joined NYLife Securities LLC as an Investment Company and Variable Contracts Products Representative in March 2010 until his termination in January 2017. According to FINRA, Paula attempted to settle a customer complaint related to losses in her account by agreeing to refund her the total principal associated with the trades. The findings stated that when Mr. Paula issued a check in the amount of $10,000, he told the customer not to cash it until he could fund his checking account, but never did. The findings also stated that Mr. Paula never informed his firm of the complaint nor did he obtain authorization to settle the complaint, thereby violating FINRA Rule 2010.

Jan 11, 2019

Ameritas Stockbroker Suspended for Unauthorized Trading

Daniel K. Kittner, a former registered representative with Ameritas, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was alleged to be in violation of NASD Rule 2510(b), FINRA Rule 2010 and 4511, assessed a fine of $7,500 and suspended. In 2011, Kittner joined Ameritas Investment Corporation as a General Securities Representative and a General Securities Principal. According to FINRA, from June 2015 to September 2017, Kittner exercised discretion in the account of a married couple without having written authorization and acceptance of the accounts as discretionary by both the customers and the firm. The findings stated that Kittner effected approximately 700 trades in six separate accounts belonging to the customers without contacting them and confirming the details. The findings also stated that Kittner failed to mark the orders as discretionary, causing the firm’s books and records to be inaccurate.

Jan 9, 2019

Former Freedom and Calton Stockbroker Barred for Theft

Chris Raymond Kubiak, of Milwaukee, Wisconsin, a former registered representative with Freedom and Calton, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) without admitting or denying allegations that he violated FINRA Rules 2150(a) and 2010. From February 1989 to July 2017, Kubiak was registered with Freedom Investors Corp. (Freedom) as a General Securities Representative. On July 2017, Kubiak left Freedom and joined another firm, Calton & Associates, Inc., as a (GSR) and as an Investment Company and Variable Contracts Products Representative. According to FINRA, between June 2015 and August 2018, Kubiak converted customer funds in violation of FINRA Rules 2150(a) and 2010. The findings stated that a total of seven customers from Freedom and Calton, gave $270,000 in funds to invest on their behalf. Kobiak, however, allegedly deposited the funds in his own bank account and used it for his own personal use, including to gamble and pay medical bills.

Jan 7, 2019

Thurston Stockbroker Barred for misconduct and Violation of Many FINRA Rules

On September 21, 2018 an Officer of Hearing Officers (OHO) decision became final against David Jonathan Bolton in which he was barred from association with any FINRA member in all capacities for violating FINRA Rules 4511 and 2010 and FINRA Rules 2111 and 2010. Bolton joined Thurston, Springer, Miller, Herd & Titak, Inc. (“Thurston”) in November 2014 until February 2016 when he handed in his resignation. The findings stated that after Bolton resigned, Thurston filed a Uniform Termination for Securities Industry Registration. According to FINRA, Bolton engaged in unsuitable short-term trading in Class A mutual fund shares in two customers’ accounts causing them to pay $24,747 in unnecessary sales charges. Bolton’s tradings were allegedly unsuitable because the short-term nature of the trades conflicted with the customers’ longer-term investment horizon. In addition, Bolton allegedly caused his firm to maintain inaccurate books by mismarking or causing others to mismark as unsolicited electronic order tickets that he had solicited. FINRA also stated that Bolton took the files of his customers with him when he moved from firm to firm and destroyed them.

Jan 4, 2019

Sisk Investment Services Stockbroker Barred for Misconduct

On September 25, 2018 an Officer of Hearing Officers (OHO) decision became final against Matthew Evan Eckstein in which he was barred from association with any FINRA member in all capacities and ordered to pay $961,781 in restitution to four customers. Eckstein allegedly violated Section 10(b) of the Exchange Act and Exchange Act Rule 10b-5 along with NASD Rule 3040, FINRA Rules 2111, 2020, 2010, and 8210. According to FINRA, Eckstein made false and misleading statements in connection with purchases and sales of securities. FINRA stated that Eckstein recommended four customers invest a total of $1.36 million in a company run by one of his close friends along with persuading one of his customers to liquidate $300,000 in mutual fund holdings in order to invest in the issuer. FINRA also stated that Eckstein failed to disclose any information regarding the investment and did not give the customers any written material or other agreement memorializing the customers’ purchases, rather that the undocumented transactions appeared to have been a scheme run by Eckstein’s friend. FINRA further found that after Eckstein left his firm to start his own business, he caused his past firm to violate FINRA’s applicable books and records rule by failing to preserve any communication and account summaries that he created and sent to some customers. During the investigation, Eckstein failed to respond to five requests for documents and information.

Jan 2, 2019

Wells Fargo Stockbroker Suspended for Unsuitable Recommendations

Richard Stephen Hughes submitted a submitted of Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for unsuitable recommendations. In October of 2011, Hughes registered as a General Securities Representative and General Securities Principal with Wells Fargo. According to FINRA, between April 2015 and May 2016 Hughes made unsuitable recommendations to a customer resulting in short-term switches between Unit Investment Trusts (UITs) and Class A-share mutual funds. The findings stated these recommendations were unsuitable because of the frequency and cost of the transactions. The findings also stated that the customer’s account incurred over $34,000 in excessive commissions and fees and that Hughes created a script containing false statements for the customer to use if contacted by the firm about the transactions made. Hughes’ conduct violated FINRA Rules 2111 and 2010.

Dec 28, 2018

Merrill Lynch Stockbroker Suspended for Impersonation of Client

Luke A. Eddy of Worcester, Massachusetts submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was in violation of FINRA Rule 2010. Luke A. Eddy joined Merrill Lynch, Fenner and Smith, Inc in August 2014 as a General Securities Representative. According to FINRA, Eddy was terminated in June 2017 for posing as a client during a call with his member firm in order to transfer funds from the customers Individual Retirement Account (IRA) to her bank account. The findings stated that when the firm rejected the initial transfer fund, Eddy forged the customer’s signature allowing the firm to approve the distribution and transfer $3,400 from the customer’s firm IRA to her bank account. Due to suspicion that Eddy may have impersonated the customer’s signature, the firm did not process the payment.

Dec 26, 2018

BB&T Stockbroker Fined for Unsuitable Trading

Geoffrey Colin Turner, of Tybee Island, Georgia, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for recommending certain L-share variable annuities. In October 2006, Turner joined BB&T as a General Securities Principal. During the period of December 2014, through June 2015 Turner allegedly recommended certain L-share variable annuities to 15 customers without having a reasonable belief these recommendations were suitable. According to FINRA, Turner recommended his customers purchase higher-cost share class contracts without understanding the costs and benefits. The findings stated that Turner did not understand that the L-share class would be more expensive than the B-share class for customers who held their annuities for at least seven years. The findings also stated that Turner was unable to inform his customers of the various features of the products due to his lack of understanding the L-share class annuities.

Dec 21, 2018

Former BAC Florida Stockbroker Supervisor Suspended for Misconduct

Jose Luis Leon, of Palmetto Bay, Florida, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly violating NASD Rule 3010 and FINRA Rule 2010. Leon was employed with BAC Florida Investments Corp. (BAC Florida) from December 1987 until his termination in February 2017. During the period between July 2013 and November 2014, Leon served as BACs Chief Compliance Officer. Leon was responsible for supervising and reviewing the trading activities of the firm’s former CEO and Head Trader. The findings stated that the Fixed Income Investigation staff of FINRA’s Department of Market Regulation reviewed certain fixed income securities transactions that BAC Florida made through its former CEO and Head Trader. FINRA investigated Leon’s supervision over the former CEO and Head Trader’s trading activities. According to FINRA, Leon failed to supervise and review the prohibited trading activities of both the CEO and Head trader, instead he allowed them to review their own activities.

Dec 19, 2018

NTB Financial Corporation Broker Suspended

George Louis McCaffrey III, a former registered stockbroker submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he has been fined and suspended for participating in private securities transactions. McCaffrey was registered with NTB Financial Corporation as a general securities representative and agent from July 1989 until his termination in October 2017. According to FINRA, Mr. McCaffrey participated in a total of 22 undisclosed private transactions, in which ten investors purchased $1,775,000 in debt and equity securities without first providing notice to his firm. The findings stated that McCaffrey introduced these customers to representatives of a greenhouse building and leasing company, so they would make an investment. McCaffrey allegedly reviewed and edited the documents for the investment and forwarded investment-related documents to the customers. The findings stated that the investors purchased $1,775,000 in promissory notes and McCaffrey received $124,250 in commissions from these transactions. In addition, FINRA stated McCaffrey incorrectly indicated that he had not participated in private securities transactions.