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NOTE:
Offers of Settlement (OS) and Letters of Acceptance, Waiver, and Consent (AWC)
are entered into by Respondents without admitting or denying the
allegations, but consent is given to the described sanctions and to the
entry of findings.
2005
UNDISCLOSED SETTLEMENTS/GUARANTEEING AGAINST LOSSES
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Michael Louis Lieb
AWC/E8A2004063701/December 2005
Lieb attempted to compensate a public customer for penalties
incurred when withdrawals from the customer’s IRA account were
not returned to the account in a timely manner. Lieb wrote a personal
check payable to the customer without informing his member firm that he
had attempted to compensate the
customer, and without obtaining authority from his firm to settle
the loss in this manner.
Fined $5,000; Suspended 10 days in all capacities.
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Bill Singer's Comment:
Grrrr!!!! Why can't the NASD just provide a few facts to explain
what happened. What do you mean "attempted to compensate"
--- like, what --- Lieb wrote the check, gave it to the client, and for
some reason it wasn't deposited? And why weren't the withdrawals
timely returned. And were these withdrawals made by the
client? As they used to say on the television show Dragnet: Just
the facts
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Donald Jordan Haskell
AWC/E0220040658-01/December 2005
Haskell participated in private
securities transactions without providing written or oral
notification to, or receiving prior written approval from, his member
firm. He settled a customer complaint and did not inform his member firm
of the customer’s complaints, or of his agreement to personally help
repay the notes to the customer.
Fined $5,000; Suspended 6 months in all capacities; Requalify as
General Securities Representative
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James Clifford McClure
AWC/C9A050020/June 2005
McClure offered to share in
losses in a public customer’s securities account.
Fined $5,000; Suspended 15 business days all capacities.
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Victor Anthony Duque
AWC/CLI050010/June 2005
In an attempt to settle a complaint by a public customer, Duque
proposed settlement terms, and
made settlement payments, to the customer without obtaining written
authorization from his member firm. He failed
to respond to NASD requests for an on-the-record interview.
Barred
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Harold Philip Donnerstag
C9B040103/June 2005
Donnerstag entered into a settlement
agreement with a public customer without his member firm’s
knowledge or approval, and failed
to respond to NASD requests for information.
Barred
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Michael Franklin Bestine
AWC/C9B050023/June 2005
Bestine settled a complaint
with a public customer without the approval or authority of his member
firm.
Fined $5,000; Suspended 6 months in all capacities
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Christopher Udell (Principal)
AWC/C05040089/February 2005)
Udell made misrepresentations in selling long-term callable
certificates of deposit (CDs) to public customers in that he
falsely
- represented that the customers could redeem a callable CD prior to
maturity by paying a penalty of one percent of the principal or six
months interest;
- assured customers that the bank was likely to call the long-term CD
within a year or two;
- told customers that they could redeem the long-term CDs after one or
two years;
- told a customer that the market value of her long-term callable CD
reported on her account statement was an error and would be corrected
to reflect the full premium paid in the next month’s statement;
and
- instructed a customer to ignore the true maturity date of the
customer’s long-term CD.
In connection with the sale of long-term callable CDs and losses
incurred due to operational errors,
Udell entered into settlements of complaints with public customers without
notifying and receiving approval from his member firm.
Udell was Fined $15,000 and Suspended 4 months in all capacities.
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Edwards Matthews Quigley, III
AWC/C07040102/February 2005
Quigley misrepresented in written correspondence to a public customer
that his initial investment in variable annuities was guaranteed against
loss by Quigley’s member firm and the variable annuity companies.
Quigley failed to follow a public customer’s order to liquidate
securities to avoid losses; effected unauthorized trades in the customer’s
account; and executed a personal
note for the customer that settled losses already incurred in the
account and guaranteed against
future losses in the customer’s account without providing notice
to his member firm.
Quigley was Barred.
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Melissa Anne Houser
C8A040059/February 2005
Houser entered into a settlement agreement with public customers
without the knowledge or approval of her member firm. She falsified promissory
notes she tendered to public customers in connection with the
settlement agreement by drafting the notes on the letterhead of a company
where she was employed as a consultant and by falsely identifying herself
on the notes as a company vice president, creating the false impression
that the company issued the notes, without the company’s knowledge or
consent.
Houser was Barred.
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James Bernard Peterson, Sr.
C8A040034/January 2005
Peterson failed to effect promptly
move variable annuity sub-accounts in response to a public customer’s
direction. In an effort to settle the customer's complaint (but without
notifying his BD), Peterson then attempted to pay the customer for the
loss caused by the delay. Peterson failed to respond to NASD requests for
information and documents in a timely manner.
Fined $15,000 and suspended 13 months in all capacities.
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Albert Vincent Otero
AWC/C11040039/January 2005
Without the knowledge or approval of Otero's member firm, he wrote
checks totaling $404 to a public customer to prevent the customer
from making complaints concerning contingent deferred sales charges.
Fined $3,500 and suspended 10 business days in all capacities. |
Masahiko Fukano (GSP)
AWC/C10040112/January 2005
Fukano guaranteed a public
customer against losses in her accounts on several occasions and
attempted to settle the customer’s complaint concerning losses without
informing and obtaining authorization from his member firm.
Fined $5,000 and suspended five months in all capacities.
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