NOTE: Stipulations of Fact and Consent to Penalty (SFC); 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 & to the entry of findings. Additionally, for AWCs, if FINRA has reason to believe a violation has occurred and the member or associated person does not dispute the violation, FINRA may prepare and request that the member or associated person execute a letter accepting a finding of violation, consenting to the imposition of sanctions, and agreeing to waive such member's or associated person's right to a hearing before a hearing panel, and any right of appeal to the National Adjudicatory Council, the SEC, and the courts, or to otherwise challenge the validity of the letter, if the letter is accepted. The letter shall describe the act or practice engaged in or omitted, the rule, regulation, or statutory provision violated, and the sanction or sanctions to be imposed.
James Malcolm Reardon
AWC/2010021058404
Reardon helped prepare a document called “Investor
Letter” for a company, which his
member firm distributed sometime later. The
Investor
Letter constituted a
research report, but it failed to disclose Reardon’s ownership
interest in the company and
his receipt of compensation from the company. Reardon helped
prepare presentations regarding the company that the firm’s
registered representatives
used to solicit potential investors at seminars. The presentations
contained statements
and projections that were without basis and were false,
exaggerated, unwarranted and/or
misleading, and failed to provide a balanced presentation by
omitting material information
regarding the significant risks associated with an investment in
the company.
Reardon opened a personal securities account at
another broker-dealer and
failed to disclose to the executing broker-dealer that he was associated
with a firm.
The suspension is in effect from November 7, 2011, through
December 19, 2011. (FINRA
Case #)
James Malcolm Reardon: Fined $7,500; Suspended 30 business days