Peter Douglas Monson of Blaine, Minnesota submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he allegedly exercised discretion and engaged in excessive and unsuitable trading in violation of NASD Conduct Rule 2510(b) and FINRA Rules 2111 and 2010.
In February 2014, Peter Douglas Monson joined Van Clemens & Co. as a General Securities Representative and General Securities Principal. According to the FINRA findings, Monson actively traded risky microcap stocks in a customer’s account without required authorization. The FINRA findings found that when Monson took control over the customer’s account, it had declined by 60% from investment losses, commissions charged for trades, and also from more than $138,000 in withdrawals that the customer used to help finance a family business. After the customer informed Monson of her cancer diagnosis he continued his frequent trading of microcap securities and did not curtail the amount of trading in her account or seek to reduce her risk exposure. In addition, FINRA stated that Monson allegedly had little contact with the customer and exercised discretion to decide what to trade, when to trade it, and what prices on more than 100 occasions during the same period.
In February 2014, Peter Douglas Monson joined Van Clemens & Co. as a General Securities Representative and General Securities Principal. According to the FINRA findings, Monson actively traded risky microcap stocks in a customer’s account without required authorization. The FINRA findings found that when Monson took control over the customer’s account, it had declined by 60% from investment losses, commissions charged for trades, and also from more than $138,000 in withdrawals that the customer used to help finance a family business. After the customer informed Monson of her cancer diagnosis he continued his frequent trading of microcap securities and did not curtail the amount of trading in her account or seek to reduce her risk exposure. In addition, FINRA stated that Monson allegedly had little contact with the customer and exercised discretion to decide what to trade, when to trade it, and what prices on more than 100 occasions during the same period.
NASD Conduct Rule 2510(b) states: No member or registered representative shall exercise any discretionary power in a customer’s account unless such customer has given prior written authorization to a stated individual or individuals and the account has been accepted by the member, as evidenced in writing by the member or the partner, officer or manager, duly designated by the member, in accordance with Rule 3010. FINRA Rule 2111 provides that a member or an associated person must have a reasonable basis to believe that a recommended transaction or investment strategy involving a security or securities is suitable for the customer, based on the information obtained through the reasonable diligence of the member or associated person to determine the customer’s investment profile. A customer’s investment profile includes such factors as the customer’s age, financial situation and needs, investment objectives, investment experience, and investment time horizon.
Without admitting or denying FINRA’s findings, Peter Douglas Monson was assessed a fine of $7,500 and suspended from association with any FINRA member in all capacities for six months. The suspension is in effect from March 2, 2020 through September 1, 2020.
Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from excessive, unsuitable trading and/or other misconduct by their broker can file claims to recover damages against broker-dealers, like Van Clemens & Co., which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct.
Have you suffered losses in your Van Clemens & Co. account due to excessive, unsuitable trading by your broker? Was Peter Douglas Monson your stockbroker? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Van Clemens & Co. stockbrokers who may have engaged in broker misconduct and caused investors’ losses.
The most important of investors’ rights is the right to be informed! This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 40 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.
Robert Wayne Pearce
Robert Wayne Pearce of The Law Offices of Robert Wayne Pearce, P.A. has been a trial attorney for more than 40 years and has helped recover over $125 million dollars for his clients. During that time, he developed a well-respected and highly accomplished legal career representing investors and brokers in disputes with one another and the government and industry regulators. To speak with Attorney Pearce, call (800) 732-2889 or Contact Us online for a FREE INITIAL CONSULTATION with Attorney Pearce about your case.
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