Securities Lawyers Blog
According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Scott Hananel (Hananel), previously associated with Aegis Capital Corp., has at least 4 disclosable events. These events include 3 customer complaints, one regulatory event, alleging that Hananel recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a final customer complaint on March 29, 2022.
Without admitting or denying the findings, Hananel consented to the sanctions and to the entry of findings that he engaged in excessive and unsuitable trading in customer accounts. The findings stated that because Hananel decided which stocks to trade in his customers\\u2019 accounts and when to trade them, and exercised discretionary authority in connection with some of the trades in the accounts, he controlled the volume and frequency of trading in, and therefore exercised de facto control over, his customers\\u2019 accounts. Hananel\\u2019s short term trading in the customers\\u2019 accounts was excessive and unsuitable given the customers\\u2019 investment profiles, generating significant losses and trading costs in the form of commissions, markups and markdowns. In total, the customers, some of whom were senior citizens, paid commissions and trading costs of $1,473,118.00 and incurred losses of $2,103,176. The findings also stated that Hananel exercised discretionary trading authority in customer accounts without having obtained prior written authorization from the customers or approval from his member firm to treat the accounts as discretionary.
FINRA BrokerCheck shows a settled customer complaint on February 03, 2021.
Time frame: unspecified. Claimants allege unsuitable investments.
FINRA BrokerCheck shows a settled customer complaint on January 29, 2021.
Time frame: Unspecified. Claimant alleges breach of contract, breach of fiduciary duty, and unsuitable investment recommendations.
FINRA BrokerCheck shows a settled customer complaint with a damage request of $50,000.00 on December 07, 2020.
Time frame: August 2019 to August 2020. Unsuitable investments, unauthorized trading, and churning.
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. 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. 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.
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. There are different sub-parts of the Reg BI rule that financial professionals must comply with when providing advice. Among those is the duty of care obligation that mandates associated persons to evaluate investment options, review and be knowledgeable the risks and rewards of the investment or service, compare alternative investment products, and ensure that the overall investment strategy aligns with the client’s goals and is in their best interests.
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. Using the foregoing information, the associated person then must consider reasonably available investment option to accomplish the investor’s goals as well as alternative investment options that may be cheaper or other important qualities. Finally, the advisor must conclude that there is a reasonable basis to believe that the recommendation being provided is in the 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.
Hananel has been in the securities industry for more than 21 years. Hananel has been registered as a Broker with Aegis Capital Corp. since 2010.
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.