Did Xerxes Soli Mullan Cause You Investment Losses?
Xerxes Soli Mullan of New York, New York was fined $10,000 and suspended for a period of two years for allegedly participating in private securities transactions in violation of FINRA Rules 3280 and 2010. Without admitting or denying the allegations, Mullan consented to the sanctions imposed. The suspension is in effect from October 5, 2020, through October 4, 2022.
In March 2017, Xerxes Soli Mullan joined Purshe Kaplan Sterling Investments and was registered as a General Securities Representative. The firm later filed a Uniform Termination Notice (Form U5) stating Mullan voluntarily resigned. According to the FINRA findings, Mullan allegedly managed two separate securities offering for a registered investment advisor (RIA) and solicited approximately $6 million from 36 investors who were not firm customers. The findings stated that Mullan had allegedly disclosed his participation in the RIA but not in the securities offerings. In addition, Mullan falsely attested that he had not been involved in any private transactions on his firm’s annual compliance questionnaires.
FINRA Rule 3280(b) states that “prior to participating in any private securities transaction, an associated person shall provide written notice to the member with which he is associated describing in detail the proposed transaction and the person’s proposed role therein and stating whether he has received or may receive selling compensation in connection with the transaction.” FINRA Rule 3280(e) defines “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.
Do You Need a New York FINRA Securities Arbitration Attorney?
Did your New York, 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 Selling Away Lawyers Representing New York, 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.
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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.
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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