Broker Misconduct - Law Offices of Robert Wayne Pearce

Nov 3, 2017

WFG Investments Representative Suspended for Unsuitable ETF Recommendations

Jay Dee Jordan, a former registered representative with WFG Investments, Inc. submitted a Letter of Acceptance, Waiver and Consent (AWC) in which he was barred by the Financial Industry Regulatory Authority (FINRA) for recommending and executing hundreds of unsuitable non-traditional exchange traded fund (ETF) purchases in his customers’ accounts. FINRA found that Mr. Jordan’s unsuitable recommendations and ETF purchases resulted in his clients’ accounts sustaining realized and unrealized losses of more than $8.4 million. FINRA found that Jay Dee Jordan, of Oklahoma City, Oklahoma, recommended that his clients purchase over $22 million in non-traditional ETFs. Of the 84 accounts in which Mr. Jordan recommended the non-traditional ETFs, 79 of these accounts held ETF positions for longer than thirty days, and on numerous occasions, the ETF positions were held for years. According to FINRA, Mr. Jordan routinely failed to sell these complex products on the same day he purchased them and did not have a reasonable basis to believe that his long-term buy-and-hold recommendations were suitable for his customers.

Oct 30, 2017

Morgan Stanley Representative Fined and Suspended for Unauthorized Trades

Mathew M. Serth, of Stone Ridge, Virginia, submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined and suspended for allegedly placing unauthorized trades in customers’ accounts without their knowledge or consent. FINRA investigators found that while registered with Morgan Stanley, Mr. Serth entered trade orders in four accounts. The net costs of the transactions ranged from $15,000 to $86,000. However, FINRA stated that none of these customers granted Mr. Serth discretionary trading authorization to trade in their accounts. Upon discovering the unauthorized trades, Mr. Serth’s member firm cancelled the trades and reimbursed a customer for margin interest incurred as a result of the unauthorized trades. Without admitting or denying FINRA’s findings, Mr. Serth was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in any capacity for three months. The suspension is in effect from August 7, 2017 through November 6, 2017.

Oct 27, 2017

FINRA Fines and Suspends Former Wells Fargo Broker for Discretionary Trade Violations

Frank Tegge, a registered representative formerly employed with Wells Fargo Advisors, LLC, submitted a Letter of Acceptance, Waiver, and Consent (AWC) in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that he exercised discretion in customer accounts without the necessary prior written authorization. FINRA found that Frank Allen Tegge, of DeWitt, Michigan, failed to obtain the necessary written authorization from his customer or his member firm when he exercised his discretion and placed orders in customer’s accounts. According to FINRA, Mr. Tegge placed 64 discretionary transactions in two customer accounts without written authorization from the customer. Further, FINRA found that Mr. Tegge executed a discretionary transaction in another customer’s account without the customer’s prior authorization, placing the trade after speaking with the spouse, who had no authority to authorize any trading in the account.

Oct 25, 2017

Wells Fargo Broker Suspended by FINRA for Falsified Forms

Sandra McCabe, a former registered representative employed with Wells Fargo Clearing Services, LLC, (Wells Fargo), submitted a Letter of Acceptance, Waiver, and Consent in which she consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that she falsified documents by photocopying and re-using previously signed customer forms. FINRA’s findings state that on approximately 36 occasions, Sandra Jayne McCabe, of Holbrook, New York, photocopied and reused signed and partially completed customer forms rather than having them execute new forms. The forms included ACH authorization agreements which authorize transfers of funds. FINRA found that Ms. McCabe submitted the forms with non-original signatures and, in two cases, altered information on the forms as well. Although the customers authorized the underlying transactions, they did not authorize her to falsify the forms.

Oct 20, 2017

Key Investment Services Broker Suspended by FINRA for Altering Variable Annuity Form

Robert Hurley, a formerly registered broker with Key Investment Services LLC, submitted a Letter of Acceptance, Waiver, and Consent (AWC) in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that he altered a customer’s variable annuity form without the customer’s consent. FINRA’s findings state that Robert Francis Hurley, of Agawam, Massachusetts, altered and initialed the variable annuity distribution form after the client had signed it. According to FINRA, Mr. Hurley changed the payment frequency and modified how payments would be calculated, allegedly placing the customer’s initials next to both alterations. Mr. Hurley’s alterations caused his customer to receive a much larger annuity distribution payment than expected.

Oct 18, 2017

RBC Capital Representative Barred Amid Allegations of Unsuitable Recommendations

Paul Blum, a former registered representative with RBC Capital Markets, LLC (RBC Capital), submitted a Letter of Acceptance, Waiver and Consent in which he was barred by the Financial Industry Regulatory Authority (FINRA) for failing to appear for on-the-record testimony which was requested amid an investigation into customer complaints and arbitration claims alleging unsuitable recommendations and excessive trading. FINRA Rule 8210 requires registered representatives to appear for on-the-record testimony at any time. According to FINRA, Mr. Blum acknowledged that he received FINRA’s request for his testimony in conjunction with the investigation into customer complaints and arbitration claims, but he refused to appear. Mr. Blum’s BrokerCheck report notes that there are nine pending customer disputes and 11 settled disputes involving allegations of, among other things, unsuitable recommendations and excessive trading. Consequently, Paul Vincent Blum, of Jupiter, Florida, was barred from association with any FINRA member in any capacity.

Oct 17, 2017

G.F. Investment Services Representative Suspended for Failing to Supervise Unsuitable ETF Recommendations

Daniel Hushek, a Registered Principal with G.F. Investment Services, LLC, submitted a Letter of Acceptance, Waiver and Consent (AWC) in which he was fined and suspended by the Financial Industry Regulatory Authority (FINRA) for failing to adequately supervise the unsuitable exchange traded fund (ETF) recommendations and transactions of a registered representative under his supervision. As a result, the representative’s recommendations and trades caused losses of more than $2.4 million in customers’ accounts. According to FINRA, Daniel Joseph Hushek III, of Bradenton, Florida, failed to adequately supervise or respond to red flags in connection with a registered representative of his member firm who recommended and engaged in unsuitable trading in 44 customer accounts (belonging to 41 customers). FINRA found that from March 2011 through July 2015, the registered representative under Mr. Hushek’s supervision recommended his customers invest almost exclusively in and hold for lengthy time periods non-traditional ETFs, despite the “enormous risks” associated with holding these complex products. FINRA stated that as a result of this employee’s misconduct, customers incurred realized and unrealized losses of over $2.4 million.

Oct 13, 2017

Oppenheimer Broker Suspended by FINRA for Borrowing Money from Customers

Jason Likens, a former registered representative associated with Oppenheimer & Co., Inc. (Oppenheimer), submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he consented to, without admitting or denying, the findings that he borrowed money from his customers and did not begin to repay the loans until repeated requests were made. Jason Hunter Likens, of Asheville, North Carolina, allegedly approached an elderly customer with significant health issues to borrow $5,000 on two separate occasions in a month’s time. The customer provided the loans to Mr. Likens in both instances. Mr. Likens failed to repay the loans on schedule and did not do so until the customer and his family made repeated requests. FINRA found further that Mr. Likens approached another customer to borrow $13,500 and that customer, too, provided the loan. Once again, FINRA found that Mr. Likens failed to repay the loan until the customer made repeated requests.

Oct 11, 2017

Ausdal Financial Broker Suspended by FINRA for Private Securities Transactions

David Gott, a representative formerly employed with Ausdal Financial Partners, Inc. (Ausdal Financial), submitted a Letter of Acceptance, Waiver, and Consent in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that he engaged in outside business activities without his firm’s approval. FINRA’s findings state that while employed by Ausdal Financial, David Glenn Gott, of Tipton, Iowa, sold at least $546,000 in private equity and debt investments to four individuals. Ausdal’s policies and procedures regarding private securities transactions prohibited registered representatives from engaging in such transactions. FINRA found that Mr. Gott neglected to provide the necessary written notice to his member firm prior to the private sales. According to FINRA, although Mr. Gott did not personally receive compensation for the sales, his company benefited from them. Mr. Gott was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in any capacity for six months. The suspension was in effect from July 17, 2017 through January 16, 2018.

Oct 9, 2017

Pruco Securities Broker Suspended by FINRA for Forging Customer’s Signature

Jeffrey Delaney, a broker formerly registered with Pruco Securities, LLC, submitted a Letter of Acceptance, Waiver, and Consent (AWC) in which he consented to, but did not admit to or deny, the Financial Industry Regulatory Authority’s (FINRA) findings that he forged a customer’s signature on life insurance applications without the customer’s knowledge or consent. According to FINRA, Jeffrey Allen Delaney Jr, of Peachtree City, Georgia, forged his customer’s electronic signature on seven forms related to the exchange of an existing life insurance policy for a new one. Mr. Delaney then submitted the forms for processing. FINRA found that Mr. Delaney never had the customer’s knowledge or consent to forge the signature. FINRA also found that Mr. Delaney willfully reported a false address on his Form U4. Mr. Delaney listed his incorrectly as South Carolina, allegedly to avoid Georgia’s insurance licensing requirements.