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Broker Thomas Baumann in Spartan Capital Securities, LLC Firm Has Customer Complaint

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Thomas Baumann (Baumann), previously associated with Spartan Capital Securities, LLC, has at least 3 disclosable events. These events include 2 customer complaints, one regulatory event, alleging that Baumann recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on April 10, 2024.

Baumann was named a respondent in a FINRA complaint alleging that he failed to provide information and documents requested by FINRA in connection with its investigation of Baumann’s potentially unauthorized trading of equity securities in the account of a member firm customer

FINRA BrokerCheck shows a settled customer complaint with a damage request of $42,013.24 on March 30, 2020.

Time Period: January 2018 thorough July 2019.\<char_lb_r>\, Allegations: Unsuitable Unauthorized Investments, Negligence, Misrepresentation, Breach of Contract, Breach of Fiduciary Duty.

FINRA BrokerCheck shows a settled customer complaint with a damage request of $767,545.00 on January 28, 2020.

To Frame: No Time frame mentioned/associated with individual claimants in Statement of Claim (SOC) \, Allegations: Alleging misrepresentation and unsuitable recommendations

In the financial industry advisors must meet the requirements of the SEC’s Regulation Best Interest (Reg BI) in providing investment advice and services.  Reg BI established a ‘best interest’ standard for brokerage firms and registered representatives. This Reg BI standard of care applies to registered representatives making recommendations to customers in the purchase, sale, or exchange of securities or the implementation of investment strategies involving securities and non-securities. The rule also applies to the handling of opening accounts such as account transfers and types of accounts being recommended to be opened. This standard applies when a registered representative is providing investment advice through making recommendations customers and covers securities transaction, investment strategies, and recommendations concerning advice on opening of an account or accounts.

Next, the advisor must have a reasonable understanding of the specific retail investor’s investment profile.  The customer’s profile information generally includes an investor’s financial situation and needs; investments; assets and debts; marital status; tax status; age; investment time horizon; liquidity needs; risk tolerance; investment experience; investment objectives and financial goals; and any other information the retail investor may disclose in connection with the recommendation or advice. Reg BI was meant to enhance the duties that registered representatives have to their clients by applying fiduciary principles to transactions and investment strategies by prohibiting brokers from placing their own financial interests ahead of the best interests of their client – the investor. Reg BI comes with different key obligations that associated persons must meet in dispensing advice.  The care obligation requires registered representatives to carefully evaluate investment options, review the risks and rewards of the investment or service, compare similar products, and ensure that the recommended investment is appropriate for the customer and in the retail investor’s best interest.

Next, the advisor must have a reasonable understanding of the specific retail investor’s investment profile.  The customer’s profile information generally includes an investor’s financial situation and needs; investments; assets and debts; marital status; tax status; age; investment time horizon; liquidity needs; risk tolerance; investment experience; investment objectives and financial goals; and any other information the retail investor may disclose in connection with the recommendation or advice. The associated person must then apply both their reasonable diligence into various investment options as well as the information gathered as to the investor’s specific needs when considering the investment recommendation.  The broker must explore various alternative investment options available to address these needs and determine that there is a reasonable basis to believe that the recommendation or service being recommended is in the retail investor’s best interest. In addition to specific investments being recommended, under Reg BI, a broker must also understand the type of account that their client would need in order to meet their care obligations.  The SEC has stated that the type of securities account an investor has can greatly affect a customers’ costs and overall investment returns.  Further, different account types can offer and support different features, products, securities, or services, and account type would not be appropriately applied in a one size fits all manner.

Baumann has been in the securities industry for more than 14 years. Baumann has been registered as a Broker with Spartan Capital Securities, LLC since 2013.

Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. At Gana Weinstein LLP, our attorneys are experienced representing investors who have suffered securities losses due to the mishandling of their accounts. Claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.

 

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