Securities Lawyers Blog
According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Mark Feliciano (Feliciano), currently associated with Bankers Life Securities, INC., has at least 2 disclosable events. These events include 2 customer complaints, alleging that Feliciano recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a settled customer complaint on August 10, 2021.
In a written complaint, dated March 11, 2021, addressed to Bankers Life and Casualty Company (BLC) an affiliated insurance company, clients expressed dissatisfaction with the performance of the Bonus Indexed Annuities (PBIAs) purchased from BLC in November of 2019. BLC denied the complaint based on the performance of the PBIAs as consistent with the client’s allocation decisions. On August 10, 2021, clients requested reconsideration of BLC’s determination. BLC determined to settle with the clients for $25,000, although the annuities were suitable at the time they were sold. The financial representative did not contribute nor was he asked to contribute to the settlement with this complainant. The complainants previously filed a separate complaint as to this financial representative involving different issues, but as the settlement was over $15,000 required a separate disclosable filing. While the annuities sold to the clients are not securities and were sold by BLC, the Firm is reporting this complaint because the source of funding for the BLC annuities recommended by a financial representative of the Firm.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $60,000.00 on April 17, 2020.
In a written complaint dated April 17, 2020 received Bankers Life Securities, Inc. (BLS), [REDACTED] and [REDACTED] alleged that their financial representative did not disclose that by liquidating a Variable Annuity at an outside institution and opening a securities account at BLS, it would create a tax event where the gains from the annuity were taxed as ordinary income and they quantified their damages at $60,000 relating to their 2019 federal and state taxes. [REDACTED] and [REDACTED] wanted to know why this taxable event was not caught prior to the liquidation and asked for reimbursement of taxes paid as the recommendation to open the securities account was disclosed as a tax free-rollover. BLS is still investigating the merits of the complaint.
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. 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 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.
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 Reg BI rule applies a fiduciary principles and requires an associated person to act in the retail investor’s “best interests” while barring the broker from placing their own financial interests and compensation incentives ahead of the investor’s best interest. 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.
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 financial advisor must use their knowledge of both their reasonable diligence into investment options as well as their knowledge of the investor’s client specific needs to consider reasonably available investment options. Those investment options must allow the broker to determine that there is a reasonable basis that the recommendation 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.
Feliciano entered the securities industry in 2014. Feliciano has been registered as a Broker with Bankers Life Securities, INC. since 2016.
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.