According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker James Lamont (Lamont), previously associated with Whitehall-parker Securities, INC., has at least 4 disclosable events. These events include 3 customer complaints, one regulatory event, alleging that Lamont recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a pending customer complaint with a damage request of $100,000.01 on June 30, 2021.
Unsuitability of investments recommended.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $2,000,000.00 on April 24, 2020.
Claimants allege that they should be in different securities and that they are entitled to a return of double their investment.
FINRA BrokerCheck shows a final customer complaint on March 13, 2020.
Respondent Lamont failed to pay fines and/or costs of $99,437.64 in FINRA Case #2017052705801.
FINRA BrokerCheck shows a settled customer complaint on March 04, 2020.
Complainants allege that representative Lamont sold an investment(which was subsequently deemed by regulators as a security) to them away from his broker/dealer, which should have known of this transaction. Complainants received full return of principal and interest from their investment, but a trust was created to claw back funds received by various investors to pay other investors who lost money in the investment. Complainants are alleging that even though the broker/dealer did not know of the transaction and did not participate, it must now take responsibility for any damages Complainants experience. Representative Lamont is not named as a respondent in the arbitration.
Brokers are required to adhere to the SEC’s Regulation Best Interest (Reg BI) standard of care under the Securities Exchange Act of 1934 which establishes a ‘best interest’ standard for broker-dealers and associated persons. Reg BI applies when brokers recommend a retail investor engage in securities transaction or an investment strategy involving one or more securities. Reg BI also applies to financial advice concerning the transfer of funds and opening of accounts. This standard applies when brokers make recommendations to retail customer for any securities transaction or investment strategy involving securities, including recommendations of types of accounts.
The care obligation also requires the broker to address the client’s specific needs through obtaining specific investment profile information on the client. The associated person typically will ask the customer for information such as the investor’s risk tolerance or ability to withstand account value declines or increases; experience with investments available; investment objectives and goals; investment time horizon; liquidity needs; assets such as investment accounts held at other financial institutions; tax information; their age and retirement plans; and other information that a customer may want to provide to the advisor to help them to properly address the services needed. 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 core obligations that brokers must comply with. There is the duty of care obligation requiring financial advisors to form a reasonable belief that their investment advice and recommendations are in the retail investor’s best interest among other duties. In order to do that the broker must evaluate the potential risks, rewards, and costs associated with a product, account type, or series of transactions being recommended.
Another aspect of the care obligation is focusing on the client’s specific needs which brokers must reasonably understand through obtaining information for the client’s investment profile. In completing a customer’s investment profile the advisor should include information such as the investor’s investment time horizon; liquidity needs; risk tolerance; experience with various investment vehicles; investment objectives and financial goals; assets and debts including outside investment accounts; marital status; tax information; age; and other relevant information that may be individual to the investor that the advisor would need to know to properly render advice or provide services. Finally, the advisor must use their knowledge of the first two elements to consider reasonably available investment option alternatives and come to the conclusion that there is a reasonable basis to believe that the recommendation or advice being provided is in the retail investor’s best interest. Finally, an advisor must also analyze the specific account features offered and determine whether their client can benefit from them in order to meet their care obligations. While securities and investments come with costs that must be considered, the type of securities account also has changes the cost equation for the investor and can change the retail customers’ future investment returns. The associated person must consider the different types of securities accounts for their client and determine whether or not the cost or features are reasonably needed for the client or if the customer’s current account costs and features are superior to solutions available to the advisor. In any event, the type of account and services recommended must be in the investor’s best interest.
Lamont has been in the securities industry for more than 22 years. Lamont has been registered as a Broker with Whitehall-parker Securities, INC. since 2015.
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.