According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Philip Incorvia (Incorvia), previously associated with Henley & Company LLC, has at least 3 disclosable events. These events include 3 customer complaints, alleging that Incorvia recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $1,276,996.00 on October 05, 2022.
CLAIMANTS ALLEGE RESPONDENTS FAILED TO PROVIDE REASONABLE, ADEQUATE AND MEANINGFUL SUPERVISION OVER PHILIP INCORVIA’S BRANCH OFFICE AND ACTIONS IN MATTERS OF INVESTMENT SUTABILITY, BREACH OF FIDUCIARY DUTY, AND FRAUD
FINRA BrokerCheck shows a settled customer complaint with a damage request of $910,000.00 on January 12, 2022.
CLAIMANTS ALLEGE RESPONDENTS FAILED TO PROVIDE REASONABLE, ADEQUATE AND MEANINGFUL SUPERVISION OVER PHILIP INCORVIA’S BRANCH OFFICE AND ACTIONS IN MATTERS OF INVESTMENT SUTABILITY, BREACH OF FIDUCIARY DUTY, AND FRAUD.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $1,000,000.00 on December 16, 2021.
CLAIMANTS ALLEGE RESPONDENTS FAILED TO DETECT INCORVIAS FRAUD DUE TO MULTIPLE FAILURES IN ITS SUPERVISORY SYSTEM.
Financial Advisors providing advice to retail investors are required to adhere to the SEC’s Regulation Best Interest (Reg BI). Reg BI applies a ‘best interest’ standard for broker-dealers and their associated people. 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 broker must understand the investor’s investment background and profile. A customer’s profile includes information that describes the investor’s financial situation and needs. Information here will include their outside securities accounts and investments; relevant assets and debts; tax bracket; age; liquidity needs; risk tolerance; investment time horizon; experience with investing; investment objectives; and any other relevant information that the investor may choose to disclose pertinent to their situation. Reg BI is drawn from fiduciary principles that include an obligation to act in the retail investor’s best interest and the broker is prohibited from placing their own interests ahead of the investor’s interest. There are several different aspects of the rule that brokers must comply with. One of which is the care obligations which require brokers to form a reasonable belief that their investment advice and recommendations are in the retail investor’s best interest. The care obligations include three components. First, the advisor must have an understanding of the potential risks, rewards, and costs associated with a product, investment strategy, account type, or series of transactions.
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. 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. An advisor must understand the type of account, securities, and their client in order to meet their care obligations. The type of securities account has the potential to greatly affect retail customers’ costs and investment returns. Different types of securities accounts can offer different features, products, or services, and not all types of accounts or services would be in every investor’s best interest.
Incorvia has been in the securities industry for more than 41 years. Incorvia has been registered as a Broker with Henley & Company LLC since 2006.
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.