#investorsrights - Law Offices of Robert Wayne Pearce

Sep 2, 2021

Englewood, New Jersey Private Placement Investment Dispute Attorney

Did Tonya Nicole Smoake Cause You Investment Losses? Tonya Nicole Smoake of Englewood, New Jersey submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which she was fined $5,000 and suspended from association with any FINRA member in all capacities for a period of 12 months. The sanctions were based on findings that she participated in private securities transactions in violation of FINRA Rules 3280 and 2010. The suspension is in effect from April 5, 2021, through April 4, 2022. In March 2017, Tonya Nicole Smoake joined Purshe Kaplan Sterling Investments while registered as a General Securities Representative. The firm later filed a Uniform Termination Notice for Securities Industry Registration (Form U5) disclosing that she had voluntarily resigned due to alleged misconduct. According to FINRA’s findings, Smoake allegedly participated in private securities transactions involving approximately $1.6 million without providing prior written notice to the firm. The findings state that Smoake distributed offering documents to the investors, gathered the signed documents, answered the investors questions, and coordinated all payments. In addition to the findings, Smoake did not receive any commissions from the sales and falsely attested her involvement in any private securities transactions on the firm’s annual compliance questionnaires . Although Tonya Nicole Smoake is not currently registered or associated with a FINRA member, she remains subject to FINRA’s jurisdiction. Do You Need a New Jersey Private Placement Investment Attorney? 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, which provides that representatives of member firms “shall observe high standards of commercial honor and just and equitable principles of trade.” Are you a New Jersey investor who has suffered significant losses in your stock brokerage and investment accounts? Did your New Jersey stockbroker or investment advisor misrepresent or mislead you about an investment in a Private Placement or make an unsuitable recommendation that you invest in a Private Placement like GPB Capital Holdings or EquiAlt or otherwise mismanage your investment account? If so, you will need to have representation by an experienced, highly rated and nationally recognized FINRA securities arbitration law attorney—an attorney who understands these highly complex and risky Private Placement investments. You need an experienced lawyer who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration cases and other complex legal issues. Free Initial Consultation With Experienced Private Placement Investment Attorneys Serving Englewood, New Jersey 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 New Jersey, 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 Jersey citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 31, 2021

Huber Heights, Ohio FINRA Defense Lawyer

Do You Need a FINRA Defense Attorney? You may have read that Ryan Tarjanyi of Huber Heights, Ohio 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. In February 2017, Ryan Tarjanyi joined Bankers Life Securities, Inc. while registered as an Investment Company and Variable Contracts Products Representative and a General Securities Representative. The firm later filed a Uniform Termination Notice for Securities Industry Registration (Form U5) disclosing that he had been terminated due to alleged misconduct. According to the findings, FINRA sent Tarjanyi a request to appear for an on-the-record testimony regarding customer complaints alleging forgery and falsification of information on an insurance application and annuity withdrawal forms. The findings state that during his on-the-record testimony, Tarjanyi provided inaccurate information in response to the complaints. Although Ryan Tarjanyi is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 8210 requires member firms and associated persons to provide information and testimony to FINRA in the course of an examination or investigation. Under Rule 8210, FINRA staff has the right to require associated persons to testify under oath “with respect to any matter involved in the investigation.” Inherent in that obligation to testify is the obligation to testify truthfully. FINRA Rule 2010 requires each FINRA member and its associated persons to observe high standards of commercial honor and just and equitable principles of trade. Providing false or misleading testimony to FINRA violates FINRA Rules 8210 and 2010. Unfortunately, Ryan Tarjanyi 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 Huber Heights, Ohio 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 Ohio 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 Ohio citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

Aug 29, 2021

Austin, Texas FINRA Securities Arbitration Lawyer

Did Robert Riviere Cause You Investment Losses? Robert Riviere of Austin, Texas 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 in all capacities for a period of 30 days. The sanctions were based on findings that he allegedly engaged in an outside business activity without approval and violated firm policies in violation of FINRA Rules 3270 and 2010. The suspension was in effect from March 15, 2021, through April 13, 2021. In April 2018, Robert Riviere joined Heritage Financial Systems, Inc. and became registered as a General Securities Representative and General Securities Principal. The firm filed a Uniform Termination Notice for Securities Industry Registration (Form U5) terminating Riviere due to alleged misconduct. According to FINRA’s findings, Riviere allegedly signed a letter of engagement between his corporation, in which he owned and managed, and a third party to provide investment services outside the scope of his firm. The findings further state that Riviere received $5,000 in compensation for conducting financial modeling and analysis relating to his services offered to the third party. Although Robert Riviere is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 3270 provides, in relevant part, that, “[n]o registered person may be an employee, independent contractor, sole proprietor, officer, director or partner of another person, or be compensated, or have the reasonable expectation of compensation, from any other person as a result of any business activity outside the scope of the relationship with his or her member firm, unless he or she has provided prior written notice to the member, in such form as specified by the member.” A violation of FINRA Rule 3270 also constitutes a violation of FINRA Rule 2010. Do You Need a Texas FINRA Securities Arbitration Attorney? Are you a Texas investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Texas 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 Austin, Texas 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 Texas, 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 Texas citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 27, 2021

Palm City, Florida FINRA Securities Arbitration Lawyer

Did Richard Scott Shelley Cause You Investment Losses? Richard Scott Shelley of Palm City, Florida 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 in all capacities for a period of 30 days. The sanctions were based on findings that he allegedly participated in private securities transactions without approval in violation of FINRA Rules 3280 and 2010. The suspension was in effect from March 15, 2021, through April 14, 2021. From December 2002 through December 2020, Richard Scott Shelley was registered with Packerland Brokerage Services, Inc. and served as a General Securities Representative and an Investment Company and Variable Contracts Products Representative. According to the FINRA findings, Shelley allegedly solicited an investor to purchase securities in Future Income Payments (FIP) worth $29,500 and promised a 7% to 8% rate of return. The findings state that Shelley received $1,475 in commission and never sought or obtained approval from his firm to participate in the private transaction. In addition to FINRA’s findings, Shelley falsely attested on his firms annual compliance questionnaires that he had not participated in any private securities transactions and the company that offered the FIP’s ceased business, owing nearly $300 million in unpaid investor payments. Although Richard Scott Shelley is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 3280(e) generally defines a private securities transaction as any securities transaction outside the regular scope of an associated person’s employment with a member. 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.” Rule 3280(c) states that when an associated person has received or may receive selling compensation, the member firm shall provide written approval or disapproval of the associated person’s participation in the proposed private securities transaction. A violation of Rule 3280 is also a violation of FINRA Rule 2010, which requires associated persons, in the conduct of their business, to observe high standards of commercial honor and just and equitable principles of trade. Do You Need a Florida FINRA Securities Arbitration Attorney? Are you a Florida investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Florida 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 Palm City, Florida 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 Florida, 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 Florida citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 25, 2021

Old Greenwich, Connecticut FINRA Securities Arbitration Attorney

Did Larry Allen Bowman Cause You Investment Losses? Larry Allen Bowman of Old Greenwich, Connecticut 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 in all capacities for a period of 45 days. The sanctions were based on findings that he allegedly engaged in outside business activities in violation of FINRA Rules 3270 and 2010. The suspension was in effect from March 15, 2021, through April 28, 2021. In June 2018, Larry Allen Bowman joined Heritage Financial Systems, Inc. and became registered as a General Securities Representative. The firm later filed a Uniform Termination Notice for Securities Industry Registration (Form U5) on December 24, 2019, disclosing that he had been permitted to resign due to alleged misconduct. According to FINRA’s findings, Bowman acted as a consultant and conducted financial modeling and analysis for three different companies without providing written notice or seeking approval from his firm. The findings state that Bowman received $18,750 in commission for his work and falsely attested on an annual compliance questionnaire that he had not engaged in any outside business activities. Although Larry Allen Bowman is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 3270 provides, in relevant part, that, “a registered person may be an employee, independent contractor, sole proprietor, officer, director or partner of another person, or be compensated, or have the reasonable expectation of compensation, from any other person as a result of any business activity outside the scope of the relationship with his or her member firm, unless he or she has provided prior written notice to the member, in such form as specified by the member.” A violation of FINRA Rule 3270 also constitutes a violation of FINRA Rule 2010. Do You Need a Connecticut FINRA Securities Arbitration Attorney? Are you a Connecticut investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Connecticut 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 Attorneys Serving Old Greenwich, Connecticut 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 Connecticut, 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 Connecticut citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 23, 2021

Did Bonita Springs, Florida UBS Advisors Sell You A UBS Credit-line Investment Strategy?

How Do You Recover Your Investment Losses From Those Credit-line Margin Calls? If you are reading this Blog, a UBS Financial Services, Inc. financial advisor in Bonita Springs, Florida and Toledo, Ohio may have recommended that you take out a variable or fixed line of credit instead of selling securities and withdrawing funds from your account in order to stay invested in what was supposed to be a safe well-balanced investment portfolio. The next thing you may have heard in March 2020 was you needed to deposit cash by 1 pm or your securities were going to be sold at rock-bottom prices. Or maybe you didn’t even receive a margin call and securities were just sold in your account. You might have thought the problem was the composition of your portfolio but the problem was very probably the leverage created by the credit-lines. Without the leverage there might not have been any margin calls and you would have been able to ride out the COVID 19 storm. You are not alone because that is just what other investors have told us about the pitch UBS Financial advisors made to them and their recent experience. In fact, we represent one such investor who has filed an arbitration claim against UBS Financial for not only alleged unsuitable recommendations but for their alleged misrepresentations, misleading statements and mismanagement of her accounts. Please go to our website and read about our client’s allegations in our article titled “UBS Financial Services, Inc. Sued For Florida And Ohio Financial Advisor’s Alleged Misconduct Involving A Credit-Line Investment Strategy.” Did a UBS Financial advisor talk you into a UBS credit-line investment strategy? Did you receive margin calls and have your account liquidated by UBS without any notice or on very short notice? The recommendation of any leveraged investment strategy involves speculation and not suitable for all investors. Securities-backed lending accounts are the same a speculative margin account and perhaps more dangerous. Please read our article on our website titled “Securities-Backed Lines of Credit Can be More Dangerous Than Margin Accounts!” Regardless of the reason for the cause of the loss in your account (unsuitable recommendations, misrepresentation or mismanagement), there is no way you will recover your losses without some legal action. At the Law Offices of Robert Wayne Pearce, P.A., we represent investors who paid dearly for any unsuitable securities-backed lending strategies in FINRA arbitration and mediation proceedings. Among the claims we may file are for fraud and misrepresentation, breach of fiduciary duty, failure to supervise, and unsuitable recommendations in violation of FINRA rules and industry standards. Attorney Pearce and his staff represent investors 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 Contact Us For A Free Initial Consultation With Experienced UBS Investment Attorneys In FINRA Arbitrations The Law Offices of Robert Wayne Pearce, P.A. have highly experienced lawyers who have successfully handled many managed account cases and other securities law matters and investment disputes in FINRA arbitration proceedings, and they will work tirelessly to secure the best possible result for you and your case. For dedicated representation by an attorney with over 40 years of experience and success in credit-line and margin cases and all kinds of securities law and investment disputes, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 23, 2021

Algonquin, Illinois FINRA Securities Arbitration Attorney

Did Lang Phu Nguyen Cause You Investment Losses? Lang Phu Nguyen of Algonquin, Illinois submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he was fined $5,000 and suspended from association with any FINRA member in all capacities for a period of 45 days. The sanctions were based on findings that he allegedly exercised discretionary trading without authorization and violated firm policies in violation of NASD Rule 2510(b) and FINRA Rule 2010. The suspension was in effect from March 15, 2021, through April 28, 2021. In July 2015, Lang Phu Nguyen joined Edward Jones and became registered as a General Securities Representative. According to FINRA’s findings, from January 2017 through December 2018, Nguyen allegedly exercised discretionary trading in seven customers’ accounts effecting approximately 350 transactions. The findings state that prior to placing the trades, Nguyen allegedly failed to obtain written authorization from the customers to exercise discretion in their accounts. In addition, the findings state that Nguyen violated firm policies when he allegedly used his personal cell phone to take 151 photographs of confidential customer information on 135 separate occasions and used his personal email address to transmit the images to his firm email account. Although Lang Phu Nguyen is no longer registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. NASD Rule 2510(b) prohibits registered representatives from “exercising any discretionary power in a customer’s account” unless the customer has provided prior written authorization to the representative and the account has been accepted as a discretionary account, in writing, by the representative’s member firm. A violation of NASD Rule 2510(b) is also a violation of FINRA Rule 2010, to “observe high standards of commercial honor and just and equitable principles of trade.”. Do You Need an Illinois FINRA Securities Arbitration Attorney? Are you an Illinois investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Illinois 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 Attorneys Serving Algonquin, Illinois 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 Illinois, 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 Illinois citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 21, 2021

Pawtucket, Rhode Island Securities Arbitration Attorney

Do You Need a Securities Arbitration Attorney? Keith Holcomb of Pawtucket, Rhode Island submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $7,500 and was suspended from association with any FINRA member in all capacities for a period of six months. The sanctions were based on findings that he borrowed money from a customer in violation of FINRA Rules 3240 and 2010. The suspension is in effect from April 5, 2021, through October 4, 2021. From September 2015 to June 2017, Keith Holcomb was registered with MML Investors Services, LLC as an Investment Company and Variable Contracts Products Representative. According to FINRA’s findings, Holcomb borrowed at least $31,420 from a customer without notifying or receiving approval from his firm. The findings state that the firm had supervisory procedures prohibited borrowing money from customers unless they were considered immediate family in which the customer was not. In addition, the findings state that Holcomb was aware that the customer suffered from serious health problems and was not financially secure at the time. Although Keith Holcomb is not currently associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 3240(a) states that a registered representative may not borrow money from any customer unless his member firm has written procedures that allow for such borrowing and the borrowing arrangement meets certain other conditions. FINRA Rule 3240(b) generally requires a registered representative to notify his member firm and obtain written pre-approval of his borrowing arrangement with a customer. A violation of Rule 3240 is also a violation of FINRA Rule 2010, which requires member firms and their associated persons to observe high standards of commercial honor and just and equitable principles of trade. Are you a Rhode Island investor who has suffered significant losses in your stock brokerage and investment accounts? Did your Rhode Island 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 securities arbitration attorney—an attorney who knows FINRA rules and procedures inside and out and how to handle these FINRA arbitration cases and other complex legal issues. Free Initial Consultation With Experienced Attorneys Handling Securities Arbitration Cases Serving Pawtucket, Rhode Island 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 Rhode Island, 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 Rhode Island citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 19, 2021

Boca Raton, Florida Lawyer Who Sues Stockbrokers For Unsuitable Investment Recommendations

Did Jeffrey Fladell Cause You Investment Losses? Jeffrey Fladell of Boca Raton, Florida 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 in all capacities for a period of three months. The sanctions were based on findings that he allegedly made unsuitable recommendations which resulted in overconcentration in high-yield municipal bonds in violation of MSRB Rule G-19. The suspension was in effect from April 5, 2021, through July 4, 2021. In October 2009, Jeffrey Fladell joined RBC Capital Markets LLC while registered as a General securities Representative and as a General Securities Principal. According to FINRA’s findings, Fladell repeatedly recommended that a customer over 100 years old, invest in bonds using both of her trust accounts that had an investment objective with low risk tolerance. The findings state that 86 percent of one trust account and 100 percent of the other consisted of risky high-yield municipal bonds within a year period due to the unsuitable recommendations. Although Jeffrey Fladell is not currently registered or associated with a FINRA member firm, he remains subject to FINRA’s jurisdiction. MSRB Rule G-19 requires that a broker, dealer or municipal securities dealer “have a reasonable basis to believe that a recommended transaction or investment strategy involving a municipal security or municipal securities is suitable for the customer, based on the information obtained through the reasonable diligence of the broker, dealer or municipal securities dealer to ascertain the customer’s investment profile. A customer’s investment profile includes, but is not limited to, the customer’s age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the broker, dealer or municipal securities dealer in connection with such recommendation.” Do You Need a Florida Unsuitable Investment Recommendation Attorney? Are you a Florida investor who has suffered significant losses in your stock brokerage and investment accounts? Did they recommend unsuitable securities transactions or strategies? Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. Free Initial Consultation With Experienced Lawyers Serving Boca Raton, Florida Residents in FINRA Securities Arbitrations Involving Unsuitable Investment Claims 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 Florida, 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 Florida citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

Aug 17, 2021

West Hempstead, New York Lawyer Who Sues Stockbrokers For Unsuitable Investment Recommendations

Did Edmund Zack Cause You Investment Losses? Edmund Zack of West Hempstead, New York submitted a Letter of Acceptance, Waiver and Consent to the Financial Industry Regulatory Authority in which he was fined $10,000, suspended from association with any FINRA member in all capacities for a period of eight months and ordered to pay $5,161 plus interest in deferred disgorgement of commissions received. The sanctions were based on findings that he allegedly made unsuitable recommendations, engaged in discretionary, excessive and quantitively unsuitable trading and caused his firm to maintain inaccurate books and records in violation of NASD Rule 2510(b), FINRA Rules 4511, 2111 and 2010. The suspension is in effect from April 5, 2021, through December 4, 2021. From June 2012 through October 2017, Edmund Zack was registered with Aegis Capital Corp. as a General Securities Representative. According to FINRA’s findings, Zack allegedly recommended that a customer trade in speculative, low-priced securities and increase his trading capacity, without having a reasonable basis to believe that the recommendation was in fact suitable considering the customers investment profile and limited investment experience. The findings state that the customer paid a total of $10,44 in commissions and suffered a loss of $11,357. The findings further state that Zack allegedly exercised discretionary trading in 27 customers accounts without authorization from both the customers and his firm and caused his firm to maintain inaccurate books and records by marking order tickets as solicited, when in fact they were not. Although Edmund Zack is not currently registered or associated with a FINRA member, he remains subject to FINRA’s jurisdiction. FINRA Rule 2111 requires, among other things, a registered representative to have a reasonable basis to believe that a recommended transaction or investment strategy is suitable for a customer based on that customer’s specific investment profile. When evaluating suitability, FINRA Rule 2111 requires a registered representative to consider, among other things, the customer’s investment objectives, risk tolerance, financial situation, and investment experience. FINRA Rule 4511 requires member firms to make and preserve books and records in conformity with Section 17(a) of the Exchange Act and Exchange Act Rule 17a-3. Rule 17a-3 requires firms to make and keep accurate records of, among other things, instructions for the purchase or sale of a security. A registered representative who enters inaccurate information on an order ticket causes his member firm to maintain inaccurate books and records in violation of Exchange Act § 17(a) and Exchange Act Rule 17a-3, and violates FINRA Rule 4511. NASD Rule 2510(b) prohibits registered representatives from exercising discretionary authority in a customer’s account unless the customer has given prior written authorization to the representative and the account has been accepted in writing by the representative’s member firm as a discretionary account. A violation of NASD Rule 2510(b) is also a violation of FINRA Rule 2010. Do You Need a New York FINRA Securities Arbitration Attorney? Are you a New York investor who has suffered significant losses in your stock brokerage and investment accounts? Did they recommend unsuitable securities transactions or strategies? Suitability claims can be based upon the stockbroker or investment advisor’s fiduciary duty, duty to use reasonable care, or FINRA Rule 2111. If you believe that your stockbroker or investment advisor made unsuitable recommendations, you need a skilled securities arbitration attorney who knows all the investments, investment strategies and stockbroker tricks of the trade. Free Initial Consultation With Experienced Lawyers Serving West Hempstead, New York Residents in FINRA Securities Arbitrations Involving Unsuitable Investment Claims 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.