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.
Angulo failed to amend her Form U4 to disclose material information and completed an annual firm compliance questionnaire in which she certified that the information on her Form U4 was current and accurate.
Angulo and Islas failed to respond to FINRA requests for information.
The Firm failed to timely file amendments to Uniform Applications for Securities Industry Registration or Transfer (Forms U4) or Uniform Termination Notices for Securities Industry Registration (Forms U5). The failed to enforce its written supervisory procedures relating to its direct mutual fund and 529 Plan business concerning switch letters and breakpoint worksheets compliance.
Park Avenue Securities, LLC: Censured; Fined $25,000
Borukhov failed to timely amend his Form U4 to disclose material information and willfully failed to disclose material information on his Form U4. He engaged in excessive and unsuitable trading in customer accounts, and failed to appear for a FINRA on-the-record (OTR) interview.
Associated Person Andujar failed to respond to FINRA requests for information. Andujar willfully failed to disclose material information on his Uniform Application for Securities Industry Registration or Transfer (Form U4).
Associated Person Kalaidjiev provided an oral, rather than written, response to requests for information, and failed to provide requested documents. Kalaidjiev failed to disclose material information on his Form U4.
Anastas Iliev Kalaidjiev: Fined $5,000; Suspended 2 years in all capacities; Suspended an additional 90 days
Shapiro caused his member firm to charge a $100 service fee to approximately 3,000 customers who had not been provided with prior written notice of the service fee. Shapiro willfully failed to amend his Form U4 and disclose material information on his Form U4. Shapiro failed to respond to FINRA requests for information.
Sanctions imposed upon withdrawal of appeal to the National Adjudicatory Council
King willfully failed to amend her Uniform Application for Securities Industry Registration or Transfer (Form U4) with material information, and failed to fully and timely respond to FINRA requests for information and documents.
Valerie Elaine King (Principal): Fined $5,000; Suspended two concurrent 2-year terms in all capacities
Vela willfully failed to update his Form U4 in a timely manner to disclose material information and failed to respond to FINRA requests for documents and information.
Crawford borrowed $25,000 from customers and obtained this loan notwithstanding the fact that his member firm had written procedures that prohibited borrowing from, or lending money to, customers. Crawford failed to update his Uniform Application for Securities Industry Registration or Transfer (Form U4) to disclose material information. Crawford failed to respond to FINRA requests to appear for on-the-record testimony.
Stephen Timothy Crawford: Fined $5,000; Suspended 2 years
promptly amend registered representatives’UniformApplications for Securities Industry Registration or Transfer (Forms U4) to report the settlement of a lawsuit,
timely submit an amended Uniform Termination Notice for Securities Industry Registration (Form U5) to report an investment-related written complaint against a representative;
timely file FINRA Rule 3070 reports to disclose various reportable events.
Associated Person Clark willfully misrepresented material facts on a FormU4 by failing to disclose that he had been charged with two misdemeanors involving the wrongful taking of property.
Martin Paul Clark: Fined $5,000; suspended 6 months
Associated Person Melton willfully failed to disclose material information on her Form U4 and failed to respond to FINRA requests for information. (FINRA Case #)
United States Court of Appeals Denied Petition for Review of the Securities and Exchange Commission decision that sustained findings of violation and sanctions on appeal of a National Adjudicatory Council decision on appeal from Office of Hearing Officers decision.
Toth willfully caused the filing of a Form U4 that contained a misrepresentation of material fact.
Rainey willfully failed to disclose material information on her Form U4. and failed to respond to a FINRA request to appear for on-the-record testimony.
Hancock willfully failed to update his Uniform Application for Securities Industry Registration or Transfer (Form U4) to disclose material information.
Shannon Mitchell Hancock: Fined $5,000; Suspended 5 months in all capacities
The Firm failed to establish, maintain and enforce an adequate supervisory system and written procedures to detect statutorily disqualified individuals and to ensure the reporting of disclosable events as required by NASD Rule 3070. The Firm did not report to FINRA that it was associated with a person subject to statutory disqualification.
Trade Station Securities, Inc.: Censured; Fined $15,000
Brown willfully failed to disclose material information on his Uniform Application for Securities Industry Registration or Transfer (Form U4), and failed to respond to FINRA requests for information.
Securities and Exchange Commission sustained findings of violation and sanctions on appeal of a National Adjudicatory Council decision on appeal from Office of Hearing Officers decision.
NASD found that Associated Person Craig willfully failed to disclose four felony charges and one misdemeanor conviction on his Uniform Application for Securities Industry Registration ("Form U4") in violation of NASD Membership Rule IM-1000-1 and Conduct Rule 2110.The SEC imposed the sanction following appeal of a NAC decision. The sanction was based on findings that Craig willfully failed to disclose material information on his Form U4.
Dever signed a customer’s name, without the customer’s authorization or consent, to forms to consolidate accounts in accordance with her wishes. Dever failed to disclose material information on her Form U4.
The Firm failed to accurately complete Forms U5 following the termination of registered representatives alleged to have committed theft, fraud or violations of investment-related rules. The failure to complete Forms U5 hindered the investing public’s ability to access information regarding the termination of registered representatives. Also, the Firm failed to establish and maintain a supervisory system and written procedures reasonably designed to achieve compliance with its obligation to complete and submit accurate Form U5 filings to FINRA.
report, or timely report, disclosable settlements and disclosable regulatory orders;
timely file summary and statistical information for customer complaints that the firm received.
file a Uniform Application for Securities Industry Registration or Transfer (Form U4) amendment and failed to timely file amendments to Uniform Applications for Broker-Dealer Registration (Forms BD), Forms U4 or Uniform Termination Notices for Securities Industry Registration (Forms U5).
LF Financial, LLC: Censured; Fined $15,000 jt/several with Kaplan
Jed Philip Kaplan (Principal) Censured; Fined $15,000 jt/several with LF Financial
Rossi engaged in outside business activities, for compensation, and failed to give prompt written notice to his member firm. He failed to disclose material information on his Form U4 and failed to respond to FINRA requests for information.
Acting through Jahre, the Firm filed a misleading and inaccurate Uniform Termination Notice for Securities Industry Registration (Form U5) in connection with a registered representative’s termination.
Hedge Fund Capital Partners, LLC: Censured; Fined $10,000
Howard Gordon Jahre: Fined $10,000; Suspended 10 business day in Principal Capacity
Associated Person Echi willfully failed to disclose material information on his Form U4 and failed to timely respond to FINRA requests for information.
Israel I. Echi: •Fined $5,000; Suspended 1 year for willful failure to disclose information
•Fined $2,500; Suspended 2 months for failure to timely respond to requests for information
•Suspensions to run concurrently
Montgomery he willfully failed to timely amend his Form U4 with material information; andfailed to timely respond to FINRA requests for documents and information.
Norman Vernon Montgomery II: Fined $7,500; Suspended 2 years in all capacities
Associated Person Garcia failed to respond to FINRA requests for documents and information; and willfully failed to disclose material information on her Form U4.
Fishman willfully failed to disclose material information on his Form U4 and his member firm’s annual compliance forms. Also, he engaged in an outside business activity, for compensation, and failed to provide prompt written notice to his member firm.
Avidan Danny Fishman (Principal): Fined $2,500; Suspended 6 months in all capacities (willful failure to disclose) and 1 month in all capacities (outside business activity)
Before my second career as a lawyer, I was the third generation of my family in the wine and liquor industry. In 1981, I started law school; and in 1982, I was hired as a law student in Smith Barney, Harris & Upham's Legal Department. After I graduated law school, I was a regulatory lawyer with the American Stock Exchange and then with the NASD (now... Read On