Library - Law Offices of Robert Wayne Pearce

San Francisco, California Securities Account Theft Lawyer

Did Bryce Scarfone Cause You Investment Losses? Bryce R. Scarfone of San Francisco, California submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was permanently barred from working in the securities industry because he failed to comply with FINRA Rule 2010. In January 2017, Bryce R. Scarfone joined HSBC and became registered as an Investment Banking Representative and as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that Scarfone had been terminated due to alleged conversion of funds. According to the findings, Scarfone had allegedly altered a check in the amount of $1,798.14 issued by his firm to be paid to his roommate by changing the check number and making it payable to himself without the authority to do so. The findings state that Scarfone then deposited the check into his personal bank account to use for his own benefit. Although Bryce R. Scarfone is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. Do You Need an Attorney for Securities Account Theft? FINRA Rule 2010 requires associated persons of FINRA members to adhere to high standards of commercial honor and just and equitable principles of trade in the conduct of their business. Conversion is the intentional and unauthorized taking of and/or exercise of ownership over property by one who neither owns the property nor is entitled to possess it. Conversion violates FINRA Rule 2010 even if the conversion occurs outside the scope of a registered representative’s employment with a FINRA member. Are you a Bryce R. Scarfone investor who has suffered significant losses in your stock brokerage and investment accounts? Did your California stockbroker or investment advisor transfer assets without your authority to the stockbroker or another party, steal, or otherwise commit theft in your investment account? If so, you will need to have representation from an experienced, highly rated, and nationally recognized FINRA arbitration securities law attorney—an attorney who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration forgery cases and other complex legal issues. Free Initial Consultation With Experienced Lawyers Handling Securities Account Theft Cases Serving San Francisco, California Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout California, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving California citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

May 12, 2021

Melville, New York FINRA 8210 Defense Lawyer

Do You Need a FINRA 8210 Defense Attorney? You may have read that Yousuf Saljooki of Melville, New York was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) from working in the securities industry because he failed to comply with FINRA Rule 8210 and 2010. In December 2017, Yousuf Saljooki joined Worden Capital Management LLC and became registered as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he was terminated due to alleged misconduct. According to the findings, FINRA began an investigation and sent a request to Saljooki for information and documents or to appear for an on-the-record testimony regarding his alleged participation in undisclosed outside business activities. The findings state that Saljooki allegedly received, acknowledged, and failed to timely provide the requested information or appear for on-the-record testimony. Although Yousuf Saljooki is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. Rule 8210 requires persons subject to FINRA’s jurisdiction to provide information to FINRA upon request. Rule 8210(a)(1) authorizes FINRA, in the course of an investigation, to require persons subject to its jurisdiction to “provide information orally, in writing, or electronically and to testify at a location specified by FINRA staff, under oath or affirmation administered by a court reporter or a notary public if requested, with respect to any matter involved in the investigation.” Rule 8210(a)(2) authorizes FINRA to “inspect and copy the books, records, and accounts” of persons subject to its jurisdiction “with respect to any matter involved in the investigation that is in such person’s possession, custody, or control.” Rule 8210(c) provides that “[n]o member or person shall fail to provide information or testimony or to permit an inspection and copying of books, records, or accounts pursuant to this Rule.” Unfortunately, Yousuf Saljooki might have avoided that FINRA 8210 bar from the securities industry with a skilled and experienced FINRA 8210 defense attorney. It is important, early on, to have a FINRA defense attorney advise you on how not to make matters worse and resolve the dispute with the least amount of sanctions which could range from censures to fines, suspensions, permanent bars, and/or referrals to federal or state prosecutors. You will need an experienced FINRA defense lawyer who not only has knowledge of FINRA rules and procedures, the securities laws and the appropriate sanction for the alleged misconduct but also has an excellent reputation and credibility with the FINRA attorneys to negotiate the best outcome. Free Initial Consultation With FINRA 8210 Defense Attorney Serving Financial Advisors Throughout Melville, New York And Nationwide The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in FINRA securities law matters and works tirelessly to secure the best possible result for you and your case. Attorney Pearce’s FINRA defense skills are highly regarded throughout New York and across the nation. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of FINRA disputes serving New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

May 10, 2021

Clarence Center, New York Attorney Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did Stephen Anthony Nappo Cause You Investment Losses? Stephen Anthony Nappo of Clarence Center, New York submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member for a period of 20 business days. The sanctions were based on findings that he allegedly participated in private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from January 4, 2021, through February 1, 2021. In January 2015, Stephen Anthony Nappo joined Cadaret Grant and became registered as an Investment Company and Variable Contracts Products Representative. According to the FINRA findings, Nappo allegedly participated in a private security transaction by purchasing a $50,000 promissory note without seeking or obtaining approval from Cadaret Grant. The FINRA findings state that the promissory note was a security, and it was outside the scope of his employment with his firm. In addition, the findings state that Nappo falsely attested on his firm’s annual compliance questionnaires that he had not participated in any private securities transactions. FINRA Rule 3280 requires that prior to “participating in any manner” in a private securities transaction, a person associated with a member firm shall provide written notice to his or her firm “describing in detail the proposed transaction and the person’s proposed role therein.” FINRA Rule 3280 defines a private securities transaction as “any securities transaction outside the regular course or scope of an associated person’s employment with a member.” A violation of FINRA Rule 3280 is also a violation of FINRA Rule 2010, which requires FINRA members and associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Do You Need a New York FINRA Securities Arbitration Attorney? Did your New York stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel, and failure to supervise. If your attorney knows where to look, he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With Experienced Attorneys Representing Clarence Center, New York Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout New York, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

May 8, 2021

Miami Beach, Florida FINRA 8210 Defense Lawyer

Do You Need a FINRA 8210 Defense Attorney? You may have read that Roland Gerbauld of Miami Beach, Florida was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) from working in the securities industry because he failed to comply with FINRA Rules 8210 and 2010. In December 2016, Roland Gerbauld joined Bolton Global Capital and became registered as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing his voluntary termination. According to the findings, FINRA sent a request to Gerbauld for information and documents regarding their investigation into whether he participated in a money-laundering scheme. The findings state that Gerbauld responded to FINRA through email stating that he allegedly received, acknowledged, and refused to provide the requested information. Although Roland Gerbauld is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 8210(a)(1) states in relevant part that FINRA has the right to “require a person associated with a member, or any other person subject to FINRA’s jurisdiction to provide information orally, in writing or electronically.” FINRA Rule 8210(c) similarly provides that lily) member or person shall fail to provide information pursuant to this Rule.” A failure to comply with a request for information pursuant to FINRA Rule 8210 is a violation of FINRA Rule 2010, which requires associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Unfortunately, Roland Gerbauld might have avoided that FINRA 8210 bar from the securities industry with a skilled and experienced FINRA 8210 defense attorney. It is important, early on, to have a FINRA defense attorney advise you on how not to make matters worse and resolve the dispute with the least amount of sanctions which could range from censures to fines, suspensions, permanent bars, and/or referrals to federal or state prosecutors. You will need an experienced FINRA defense lawyer who not only has knowledge of FINRA rules and procedures, the securities laws and the appropriate sanction for the alleged misconduct but also has an excellent reputation and credibility with the FINRA attorneys to negotiate the best outcome. Free Initial Consultation With FINRA 8210 Defense Attorney Serving Financial Advisors Throughout Miami Beach, Florida And Nationwide The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in FINRA securities law matters and works tirelessly to secure the best possible result for you and your case. Attorney Pearce’s FINRA defense skills are highly regarded throughout Florida and across the nation. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of FINRA disputes serving Florida citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

May 6, 2021

Davidsonville, Maryland FINRA Securities Arbitration Lawyer

Did Paul Lawrence Fowler Cause You Investment Losses? Paul Lawrence Fowler of Davidsonville, Maryland submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly executing unauthorized securities transactions in violation of FINRA Rule 2010. Due to the alleged misconduct, Fowler was assessed a fine of $5,000, suspended from association with any FINRA member in all capacities for 30 days. The suspension was in effect from January 19, 2021, through February 17, 2021. In August 2016, Paul Lawrence Fowler joined Wells Fargo Clearing Services, LLC and became registered as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had been terminated due to his alleged misconduct. According to the FINRA findings, Fowler allegedly violated the firm’s written supervisory procedures by executing 14 unauthorized transactions with a total principal value of approximately $60,050. The findings state that Fowler received instructions from the husband of the account holder to execute the trades, however, he was not a signatory to or authorized individual of the account. The findings further state that Fowler earned $1,955.85 in commissions for the unauthorized transactions and was ordered to pay it back with interest. FINRA Rule 2010 requires associated persons to observe high standards of commercial honor and just and equitable principles of trade. Unauthorized trading, which occurs when a registered representative executes trades in a customer’s account without first obtaining the customer’s authorization or consent, violates FINRA Rule 2010. Do You Need a Maryland FINRA Securities Arbitration Attorney? Are you a Maryland investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Maryland stockbroker or investment advisor misrepresent facts, fail to disclose facts making the statements made false and misleading, recommend unsuitable investments or strategies, excessively trade or churn, mismanage your investment account or engage in other kinds of stockbroker misconduct? If so, you need representation by an experienced, highly-rated and nationally recognized FINRA securities arbitration attorney—a lawyer who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration cases as well as other complex legal issues. Free Initial Consultation With Experienced FINRA Securities Arbitration Lawyers Serving Davidsonville, Maryland Residents In FINRA Arbitration Proceedings At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Maryland, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities and investment law disputes serving Maryland citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

May 4, 2021

Portland, Oregon Securities Account Forgery Lawyer

Did Nicholas Gregory Baecker Cause You Investment Losses? Nicholas Gregory Baecker submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) for allegedly forging the signatures of customers in violation of FINRA Rules 4511 and 2010. Due to the alleged misconduct, Mr. Baecker was assessed a fine of $5,000 and suspended from association with any FINRA member in all capacities for four months. The suspension is in effect from December 21, 2020, through April 20, 2021. In December 2008, Nicholas Gregory Baecker joined Thrivent Investment Management, Inc., and became registered as an Investment Company and Variable Contracts Products Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had been terminated due to his alleged misconduct. According to the FINRA findings, Baecker allegedly violated the firm’s written supervisory procedures by electronically forging sixteen customers signatures on life insurance applications. The findings state that Baecker was aware of the firm’s procedures and caused his firm to maintain inaccurate books and records because some of the forged applications were securities sold by prospectus through the firm. Although Nicholas Gregory Baecker is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. During the relevant period, the firm’s written supervisory procedures required that client signatures on firm documents always be authentic and expressly prohibited representatives from forging a customer’s signature. FINRA Rule 4511 requires members and associated persons to “make and preserve books and records as required under the FINRA rules, the [Securities Exchange Act of 1934 (the “Exchange Act”)], and the applicable Exchange Act rules.” Customer account opening documents are records required to be made and preserved under Section 17(a)(1) of the Exchange Act and Rule 17a-3(a)(17)(i)(A) thereunder. Implicit in the requirement to make and preserve books and records is the requirement that the information in those books and records be true and accurate. A violation of FINRA Rule 4511 also constitutes a violation of FINRA Rule 2010. Do You Need an Oregon FINRA Securities Arbitration Attorney? Are you a Portland, Oregon investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Oregon stockbroker or investment advisor forge your signature or alter information on account opening documents about your investment objectives, risk tolerance, or financial condition to make unsuitable recommendations or otherwise mismanage your investment account? If so, you will need to have representation from an experienced, highly rated, and nationally recognized FINRA arbitration securities forgery law attorney—an attorney who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration forgery cases and other complex legal issues. Free Initial Consultation With Experienced Securities Account Forgery Lawyers Serving Portland, Oregon Residents In FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Oregon, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Oregon citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

May 2, 2021

Woodmere, New York FINRA 8210 Defense Lawyer

Do You Need a FINRA 8210 Defense Attorney? You may have read that Najib Hossain Khan of Woodmere, New York was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) from working in the securities industry because he failed to comply with FINRA Rule 8210 and 2010. In May 2017, Najib Hossain Khan joined Citigroup Global Markets Inc. and became registered as an Investment Company and Variable Contracts Product Representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had been terminated due to previous suspected involvement in theft from customer bank accounts. According to the findings, FINRA sent a request to Khan for information and documents regarding their investigation into the alleged misconduct. The findings state that Khan allegedly received, acknowledged, and failed to timely provide the requested documents and information. Although Najib Hossain Khan is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 8210(a)(1) states in relevant part that FINRA has the right to “require a person associated with a member, or any other person subject to FINRA’s jurisdiction to provide information orally, in writing or electronically” FINRA Rule 8210(c) similarly provides that “[n]o member or person shall fail to provide information pursuant to this Rule.” A violation of FINRA Rule 8210 is also a violation of FINRA Rule 2010, which requires associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Unfortunately, Najib Hossain Khan might have avoided that FINRA 8210 bar from the securities industry with a skilled and experienced FINRA 8210 defense attorney. It is important, early on, to have a FINRA defense attorney advise you on how not to make matters worse and resolve the dispute with the least amount of sanctions which could range from censures to fines, suspensions, permanent bars, and/or referrals to federal or state prosecutors. You will need an experienced FINRA defense lawyer who not only has knowledge of FINRA rules and procedures, the securities laws and the appropriate sanction for the alleged misconduct but also has an excellent reputation and credibility with the FINRA attorneys to negotiate the best outcome. Free Initial Consultation With FINRA 8210 Defense Attorney Serving Financial Advisors Throughout Woodmere, New York And Nationwide The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in FINRA securities law matters and works tirelessly to secure the best possible result for you and your case. Attorney Pearce’s FINRA defense skills are highly regarded throughout New York and across the nation. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of FINRA disputes serving New York citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

Apr 30, 2021

Eau Claire, Wisconsin FINRA 8210 Defense Lawyers

Do You Need a FINRA 8210 Defense Attorney? You may have read that Michael F. Shillin of Eau Claire, Wisconsin was permanently barred by the Financial Industry Regulatory Authority (“FINRA”) from working in the securities industry because he failed to comply with FINRA Rule 8210 and 2010. In May 2018, Michael F. Shillin joined A.G.P. / Alliance Global Partners and became registered as a general securities representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he was terminated due to alleged misconduct. According to the findings, FINRA began an investigation and sent a request to Shillin for information and documents or to appear for an on-the-record testimony regarding his alleged misstatements and for providing falsified/altered documents. The findings state that Shillin allegedly received, acknowledged, and refused to provide the requested documents and information or appear for on-the-record testimony. Although Michael F. Shillin is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. Rule 8210 requires persons subject to FINRA’s jurisdiction to provide information to FINRA upon request. Rule 8210(a)(1) authorizes FINRA, in the course of an investigation, to require persons subject to its jurisdiction to “provide information orally, in writing, or electronically and to testify at a location specified by FINRA staff, under oath or affirmation administered by a court reporter or a notary public if requested, with respect to any matter involved in the investigation.” Rule 8210(a)(2) authorizes FINRA to “inspect and copy the books, records, and accounts” of persons subject to its jurisdiction “with respect to any matter involved in the investigation that is in such person’s possession, custody, or control.” Rule 8210(c) provides that “[n]o member or person shall fail to provide information or testimony or to permit an inspection and copying of books, records, or accounts pursuant to this Rule.” Unfortunately, Michael F. Shillin might have avoided that FINRA 8210 bar from the securities industry with a skilled and experienced FINRA 8210 defense attorney. It is important, early on, to have a FINRA defense attorney advise you on how not to make matters worse and resolve the dispute with the least amount of sanctions which could range from censures to fines, suspensions, permanent bars, and/or referrals to federal or state prosecutors. You will need an experienced FINRA defense lawyer who not only has knowledge of FINRA rules and procedures, the securities laws and the appropriate sanction for the alleged misconduct but also has an excellent reputation and credibility with the FINRA attorneys to negotiate the best outcome. Free Initial Consultation With FINRA 8210 Defense Attorney Serving Financial Advisors Throughout Eau Claire, Wisconsin And Nationwide The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in FINRA securities law matters and works tirelessly to secure the best possible result for you and your case. Attorney Pearce’s FINRA defense skills are highly regarded throughout Wisconsin and across the nation. For dedicated representation by an attorney with over 40 years of experience and success in all kinds of FINRA disputes serving Wisconsin citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

Apr 28, 2021

Jacksons Gap, Alabama Attorney Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did John Albert Westbrook Cause You Investment Losses? John Albert Westbrook of Jacksons Gap, Alabama submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member for a period of five months. The sanctions were based on findings that he allegedly participated in private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from November 16, 2020, through April 15, 2021. On September 4, 2014, John Albert Westbrook joined Center Street Securities, Inc. and became registered as a General Securities Representative. According to FINRA’s findings, while associated with his firm, Westbrook allegedly solicited three investors to purchase securities in Future Income Payments (FIP) worth $350,335 and promised a 7% to 8% rate of return. FIP ceased to do business and owed $300 million in unpaid investor payments. The findings state that Westbrook received $14,013 in commissions. According to FINRA, he never sought or obtained approval from his firm to participate in the private transactions. In addition to FINRA’s findings, the company that offered the Although John Albert Westbrook is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 3280 requires that prior to “participating in any manner” in a private securities transaction, a person associated with a member firm shall provide written notice to his or her firm “describing in detail the proposed transaction and the person’s proposed role therein.” FINRA Rule 3280 defines a private securities transaction as “any securities transaction outside the regular course or scope of an associated person’s employment with a member.” A violation of FINRA Rule 3280 is also a violation of FINRA Rule 2010, which requires FINRA members and associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Do You Need an Alabama Stockbroker Selling Away Attorney? Did your Jacksons Gap, Alabama stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel and failure to supervise. If your attorney knows where to look he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With Experienced Ponzi Scheme Attorneys Representing Jacksons Gap, Alabama Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Alabama, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Alabama citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Apr 26, 2021

Gilbert, Arizona Attorney Who Sues Stockbrokers For Selling Away (Selling Unauthorized Investments)

Did David T. Phillips Cause You Investment Losses? David T. Phillips of Gilbert, Arizona submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $5,000 and suspended from association with any FINRA member for a period of nine months. The sanctions were based on findings that he allegedly participated in private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from December 7, 2020, through September 6, 2021. From November 20, 2017, through November 30, 2018, David T. Phillips was registered with Moloney Securities Co., Inc. as a General Securities Representative. According to the FINRA findings, Phillips allegedly solicited eight investors to purchase securities in Future Income Payments (FIP) worth $876,636 and promised a 7% to 8% rate of return. FIP ceased to do business, owing nearly $300 million in unpaid investor payments. The findings state that Phillips received $33,184 in commissions. He allegedly never sought or obtained approval from his firm to participate in the private transactions. Although David T. Phillips is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 3280 requires that prior to “participating in any manner” in a private securities transaction, a person associated with a member firm shall provide written notice to his or her firm “describing in detail the proposed transaction and the person’s proposed role therein.” FINRA Rule 3280 defines a private securities transaction as “any securities transaction outside the regular course or scope of an associated person’s employment with a member.” A violation of FINRA Rule 3280 is also a violation of FINRA Rule 2010, which requires FINRA members and associated persons to “observe high standards of commercial honor and just and equitable principles of trade.” Do You Need an Arizona FINRA Securities Arbitration Attorney? Did your Arizona stockbroker or investment advisor recommend an investment that turned out to be an investment that was never reviewed or approved by their stockbrokerage firm employer? The stockbrokers who stoop to that level are usually insolvent or uncollectible. And so, the investor’s only recourse is against the brokerage firm employer. But stockbrokerage firms always claim ignorance of the stockbroker’s activities and deny liability for the sale of unauthorized investments which they call Selling Away as if that was an absolute defense. Not so! You will definitely need an experienced attorney who knows the securities laws and how to hold the stockbrokerage firm responsible for their employees Selling Away under legal principles of actual authority, apparent authority, estoppel and failure to supervise. If your attorney knows where to look he/she can often find Red Flags of the alleged unauthorized sales that the firm did not look for, missed, or saw and just ignored. Free Initial Consultation With Experienced Ponzi Scheme Attorneys Representing Gilbert, Arizona Residents in FINRA Arbitrations At The Law Offices of Robert Wayne Pearce, P.A. we represent investors in all kinds of securities, commodities, and investment law disputes in FINRA, AAA and JAMS arbitration and mediation proceedings. Attorney Pearce and his staff represent investors throughout Arizona, and across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. Se habla español For dedicated representation by Attorney Pearce with over 40 years of experience and success in all kinds of securities, commodities, and investment law disputes serving Arizona citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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