#mississippi - Law Offices of Robert Wayne Pearce

Olive Branch, Mississippi FINRA 8210 Defense Lawyer

Do You Need a FINRA 8210 Defense Attorney? You may have read that Darrell Anthony Smith Jr. of Olive Branch, Mississippi 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 June 2017, Darrell Anthony Smith Jr. joined Wells Fargo Clearing Services, LLC while registered as an investment company and variable contracts products representative. The firm later filed a Uniform Termination Notice (Form U5), disclosing that he had resigned after receiving allegations that he initiated unauthorized transactions. According to the findings, FINRA sent a request to Smith to appear for an on-the-record testimony regarding the alleged misconduct. The findings state that Smith responded to FINRA by email, stating that he received, acknowledged, and refused to appear for an on-the-record testimony at any given time. Although Darrell Anthony Smith Jr. is no longer associated with any FINRA member firm, he remains subject to FINRA’s jurisdiction. FINRA Rule 8210 states that FINRA staff may require persons subject to its jurisdiction to “testify at a location specified by FINRA staff, under oath or affirmation with respect to any matter involved in [an] investigation” authorized by the FINRA By-Laws or rules. Rule 8210(c) further states that “no person shall fail to provide testimony pursuant to this Rule.” A violation of Rule 8210 is also a violation of FINRA Rule 2010, which provides that associated persons, in the conduct of their business, shall observe high standards of commercial honor and just and equitable principles of trade. Unfortunately, Darrell Anthony Smith Jr. 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 Olive Branch, Mississippi 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 Mississippi 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 Mississippi citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889, or via e-mail.

Nov 11, 2020

LPL Financial LLC Stockbroker William Andrew Wimberly Suspended for Misconduct

William Andrew Wimberly of Madison, Mississippi 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 engaging in outside business activity and private transactions all in violation of NASD Rule 3040 and FINRA Rules 3280 and 2010. In November 2008, William Andrew Wimberly joined LPL Financial LLC as a General Securities Representative and a General Securities Principal. According to the FINRA findings, from November 2012 until August 2018, Wimberly allegedly engaged in an outside business activity and participated in private securities transactions without approval from his firm. The FINRA findings stated that during the relevant period, Wimberly created a limited liability company and served as the officer, director, and manager. The findings also stated that Wimberly contributed a total of $70,000 and purchased multiple shares of the company. In addition, FINRA found that Wimberly allegedly signed and submitted LPL Financial LLC annual compliance questionnaires where he failed to disclose his participation in the company and transactions. FINRA Rule 3270 states, in relevant part, that “no 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 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.” NASD Rule 3040, requires that prior to participating 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[.]” Without admitting or denying FINRA’s findings, William Andrew Wimberly was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for three months. The suspension was in effect from April 20, 2020, through July 19, 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 unauthorized outside business activity, private transaction, and/or other misconduct by their broker can file claims to recover damages against broker-dealers, like LPL Financial LLC, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct. Have you suffered losses in your LPL Financial LLC account due to unauthorized outside business activity or private transaction by your broker? Was William Andrew Wimberly 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 LPL Financial LLC 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.