Articles Posted in Reg BI

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Patrick Dever (Dever), currently associated with Stifel, Nicolaus & Company, Incorporated, has at least one disclosable event. These events include one customer complaint, alleging that Dever 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 $1,000,000.00 on September 06, 2024.

Customer alleges unsuitable investments in stocks and excessive fees/commissions on unit investment trusts.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Eugene Thomas (Thomas), currently associated with MML Investors Services, LLC, has at least one disclosable event. These events include one customer complaint, alleging that Thomas 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 $150,000.00 on September 06, 2024.

It is alleged that the rep was negligent and failed to properly render investment advice, financial planning services, portfolio and asset management, and pension consulting services, which caused the Plaintiff to incur an otherwise avoidable tax liability.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Eric Spangenthal (Spangenthal), currently associated with Raymond James Financial Services, Inc., has at least one disclosable event. These events include one customer complaint, alleging that Spangenthal 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 $25,645.00 on September 09, 2024.

The client alleged account mismanagement.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker James Darlington (Darlington), previously associated with UBS Financial Services Inc., has at least one disclosable event. These events include one customer complaint, alleging that Darlington 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 $50,000.00 on September 09, 2024.

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 brokers make recommendations to retail customer for any securities transaction or investment strategy involving securities, including recommendations of types of accounts. 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.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Gail Milon (Milon), previously associated with Ele Wealth Advisors, Inc., has at least 2 disclosable events. These events include 2 tax liens, alleging that Milon recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on September 09, 2024.

Respondent Milon failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Ronald Hannes (Hannes), previously associated with Woodbury Financial Services, Inc., has at least one disclosable event. These events include one tax lien, alleging that Hannes recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on September 09, 2024.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted against Ronald Walter Hannes (Respondent). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement, which the Commission has determined to accept. The commission finds that on September 16, 2020, the State of Washington Department of Financial Institutions Securities Division entered a Consent Order (‘Washington Order’) in an administrative action entitled In the Matter of Determining Whether there has been a violation of the Securities Act of Washington by: Ronald Walter Hannes; Hannes Financial Services, Inc., Order No. S-20-2873-20-CO01. The Washington Order incorporated by reference the Findings of Fact and Conclusions of Law in the Statement of Charges and Notice of Intent to Enter Order to Cease and Desist, Deny Future Registrations, Impose Fines, and Charge Costs, Order Number S-20-2873-20-SC01 (‘Statement of Charges’). The Statement of Charges found that, among other things, Hannes violated RCW 21.20.010, the anti-fraud section of the Securities Act of Washington, and engaged in dishonest and unethical business practices in violation of WAC 460-22B-090. Without admitting or denying the Findings of Fact and Conclusions of Law in the Statement of Charges, Hannes consented to the entry of the Washington Order, which ordered, inter alia, Hannes to cease and desist from violating RCW 21.20.010, and further ordered that any application for registration as an investment adviser, investment adviser representative, broker-dealer, or securities salesperson by Hannes shall be denied. The Statement of Charges incorporated by reference into the Washington Order found that ‘[f]rom approximately 2003 to 2019, Hannes engaged in an extensive, long-term fraud against his  . . . Clients by convincing them to write checks to [Hannes Financial Services, Inc.] for off-the-books investments, then using the money for unknown purposes.’ The Statement of Charges also found that Hannes ‘defrauded at least nineteen clients, with total losses exceeding $2.9 million’ and appears to have falsified checks during an internal investigation conducted by the dually-registered broker-dealer and investment adviser with which Hannes was associated at the time. On July 18, 2023, Hannes pled guilty to one count of ‘Investment Advisor Fraud’ in violation of Title 15 United States Code, Sections 80b-6, 80b-17 before the United States District Court for the Eastern District of Washington, in United States v. Ronald Walter Hannes, Case No. 2:22-CR-0085-TOR. On February 22, 2024, a judgment in the criminal case was entered against Hannes. He was sentenced to probation for a term of five years and ordered to pay $3,187,545.15 in restitution and a $100 assessment. In his signed Plea Agreement, Hannes stipulated and agreed that the facts set forth in the ‘Factual Basis and Statement of Facts’ are accurate. These facts include, inter alia, that Hannes persuaded victims ‘to invest in separate ‘high rate, tax-free’ bond investments,’ and convinced victims to write checks to Hannes Financial Services, Inc., and other entities at Hannes’s request, to invest in the bonds, but ‘there were no bonds or securities attached to these investments.’

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Scot Barringer (Barringer), currently associated with American Trust Investment Services, Inc., has at least 2 disclosable events. These events include 2 customer complaints, alleging that Barringer 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 $70,000.00 on September 07, 2024.

Suitability

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker John Forrester (Forrester), currently associated with Newbridge Securities Corporation, has at least 6 disclosable events. These events include 6 customer complaints, alleging that Forrester 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 $25,000.00 on September 09, 2024.

BREACH OF FIDUCIARY DUTY, BREACH OF CONTRACT AND NEGLIGENCE, NEGLIGENT SUPERVISION

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker John Perez-cubero (Perez-cubero), previously associated with Morgan Stanley, has at least 2 disclosable events. These events include one customer complaint, one regulatory, alleging that Perez-cubero recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on September 11, 2024.

Without admitting or denying the findings, Perez-Cubero consented to the sanction and to the entry of findings that he failed to produce information and documents requested by FINRA during an investigation that originated from a Form U5 filed by his member firm. The findings stated that the firm disclosed on the Form U5 that Perez-Cubero had been terminated due to allegations of an unauthorized disbursement from a customer’s checking account that was covered by an unauthorized transfer from customer’s brokerage account. Although Perez-Cubero initially cooperated with FINRA’s investigation by providing documents and information and appearing for testimony, ultimately, he ceased doing so.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Andrew Comans (Comans), currently associated with Raymond James & Associates, Inc., has at least one disclosable event. These events include one customer complaint, alleging that Comans 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 $8,294.65 on September 11, 2024.

03/15/2024 – 09/06/2024: Client POA alleges that annuity sold in March 2024 was unsuitable. Upon receipt of the complaint/concerns from POA, program agreed this was not a suitable investment that was recommended by the advisor to the client.

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