securities fruad

Thomas Buck Barred From the Securities Industry Over Unfair Commission Practices

July 28, 2015 | by Staff Attorney

Our firm has been tracking the developments related to Thomas Buck’s termination from Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), now known as Bank of America, NA (Bank of America) under highly unusual circumstances. (See Top Merrill Lynch Broker Thomas Buck Terminated Under Unusual Circumstances; Update On Broker Thomas Buck Investigation). Now, according to records kept by FINRA, Buck has accepted a bar from the securities industry.

Buck’s downfall played out quickly. Buck was terminated from Merrill Lynch on March 6, 2015, shocking colleagues. At the time of his termination there was only one customer complaint against Buck steaming from a dispute in 2006. Now, over the past four months customers have filed 11 additional complaints against him. All of the complaints have similar allegations against Buck in that the customers allege that during a time period Buck engage in unauthorized trades in corporate debt and equities. Several of the complaints allege excessive trading and misrepresentations.

Buck’s team managed nearly $1.5 billion in investor assets and was one of the Merrill Lynch’s largest producers. According to FINRA, Buck engaged in misrepresentations and other misconduct in the handling of customer accounts. FINRA alleged that beginning by at least 2009, Buck used unethical and improper business practices to generate increased commissions and enhance his status as a top-producing broker. According to FINRA, Buck held customer assets in commission-based accounts instead of fee-based accounts for the sole purpose of generating higher revenues even though he knew that some customers would have paid substantially lower fees by using fee-based accounts. In fact, FINRA goes on to allege that Buck misled customers about the relative costs of fee-based or commission-based trading for their accounts. In addition to these claims FINRA alleged that Buck exercised discretion in customer accounts without written or oral authorization, and made unauthorized trades in certain accounts.

Update On Broker Thomas Buck Investigation

July 24, 2015 | by Staff Attorney

As we previously reported, (See Top Merrill Lynch Broker Thomas Buck Terminated Under Unusual Circumstances) news sources have been investigating the termination of financial advisor Thomas Buck (Buck) and his daughter Ann Buck by Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), now known as Bank of America, NA (Bank of America) under circumstances that some would consider unusual.

Buck’s team managed nearly $1.5 billion in investor assets, was one of the company’s largest producers, and has been associated with Merrill Lynch since. Despite all these factors that would likely lead Merrill Lynch to continue to wish employ Buck, allegations were made that Buck executed unauthorized trades in client accounts.

Buck’s termination happened on March 6, 2015, and shocked colleagues. One person was quoted in news articles foreshadowed additional developments saying “There is a lot more out there. I think it’s a little bit of heavy-handedness on Merrill’s part. Tom was shocked.”

LPL Financial Broker David Hackney Accused by Regulator of Churning Customer Accounts

June 22, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker David Hackney (Hackney) has recently been permanently barred by the agency for failing to respond to requests for documents and information. In addition, the broker has been under investigation by the Illinois Securities Department concerning allegations that Hackney churned – a type of securities fraud – at least three accounts.

Hackney entered the securities industry in 1993. From March 2006 until February 2014, Hackney was associated with LPL Financial LLC (LPL). In February 2014, LPL discharged Hackney alleging that the broker conducted discretionary, otherwise known as unauthorized trades, in customers’ accounts that were excessive.

Investment churning is trading activity characterized by the purchasing and selling of securities including stocks, bonds, mutual funds, and options that is excessive and serves no practical purpose for the investor. Brokers engage in churning solely to generate commissions without regard for the client’s interests. In order to establish a churning claim the investor must show that the trading was first excessive and second that the broker had control over the investment strategy. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

Broker John Miller Suspended By FINRA Over Unauthorized Trading

May 18, 2015 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) fined and suspended broker John Miller (Miller) concerning allegations between October 2010, and January 2014, Miller executed discretionary transactions in approximately 90 accounts of customers under a verbal authorization but without prior written authorization from those customers or approval of his brokerage firm City Securities Corporation (City Securities).

Miller became a broker with a FINRA firm in 1997. From November 2009 until October 2010, Miller was associated with PNC Investments. Since October 2010, Miller has been registered with City Securities.

FINRA alleged that Miller exercised discretion in executing transactions in the accounts of approximately 90 customers. FINRA found that Miller received prior verbal authorization from his customers for these transactions for their investment strategies but exercised discretion in executing those transactions. FINRA determined that Miller did not obtain written authorization from his customers and that City Securities did not approve these accounts for discretionary trading.