Securities Lawyers Blog
According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Leland Whiting (Whiting), previously associated with Hornor, Townsend & Kent, INC., has at least 2 disclosable events. These events include 2 customer complaints, alleging that Whiting 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 $257,509.00 on June 15, 2020.
INRA arbitration alleging that HTK registered representative Leland Blair Whiting sold unregistered securities issued by Future Income Payments, LLC. It claims ‘at least $257,509′ actual damages, benefit of the bargain damages, model portfolio damages, lost opportunity costs, unspecified punitive damages, interest, costs and attorneys’ fees. The causes of action are Violations of Federal Securities Laws (sale of unregistered securities and fraud); Violations of Utah Securities Act (sale of unregistered securities, unsuitability, misrepresentation, and omission of material fact); Violations of Idaho Securities Act (sale of unregistered securities, unsuitability, misrepresentation, and omission of material fact)Violation of the Idaho Consumer Protection Act; Breach of Contract; Common Law Fraud; Breach of Fiduciary Duty; Negligence and Gross Negligence.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $900,000.00 on June 15, 2020.
FINRA arbitration alleging that HTK registered representative Leland Blair Whiting sold unregistered securities issued by Future Income Payments, LLC. It claims ‘at least $900,000′ actual damages, benefit of the bargain damages, model portfolio damages, lost opportunity costs, unspecified punitive damages, interest, costs and attorneys’ fees. The causes of action are Violations of Federal Securities Laws (sale of unregistered securities and fraud); Violations of Utah Securities Act (sale of unregistered securities, unsuitability, misrepresentation, and omission of material fact); Common Law Fraud; Breach of Fiduciary Duty; Negligence and Gross Negligence.
When your financial advisor is providing advice they must adhere to the SEC’s Regulation Best Interest (Reg BI) rule and standard of care. Reg BI replaced the former “suitability” rule and created 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.
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. 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.
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. 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. Brokerage firms and advisors must also understand the features and limitations of various account types as part of meeting Reg BI’s care obligations. Firms typically offer a variety of account options and services with different trading costs, services, such as account and activity monitoring. An advisor’s recommendation as to what type of securities account to open can alter the customers’ overall costs and investment returns. The advisor must determine that the client can benefit from the type of account being recommended to be opened and in the investor’s best interest taking into account the costs, benefits, and needs of the client.
Whiting has been in the securities industry for more than 43 years. Whiting has been registered as a Broker with Hornor, Townsend & Kent, INC. since 2011.
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.