Securities Lawyers Blog
According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Colton Jacob (Jacob), previously associated with Steward Partners Investment Solutions, LLC, has at least 2 disclosable events. These events include 2 tax liens, alleging that Jacob recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a final customer complaint on October 21, 2024.
Without admitting or denying the findings, Jacob consented to the sanctions and to the entry of findings that he participated in an OBA without providing prior written notice or receiving prior approval from his member firms. The findings state that Jacob assisted with fundraising and strategic planning for two related companies. Among other things, Jacob either contacted or met with multiple individuals, including at least one customer of his firm, to provide information about the companies and their business. For his OBA, Jacob communicated using an email address provided by the companies’ founder, which included a signature block identifying Jacob as an executive affiliated with one of the companies, in addition to using a personal email address. In anticipation of receiving compensation for his OBA, Jacob discussed an equity stake in one of the companies and agreed to be enrolled in payroll software.
FINRA BrokerCheck shows a final customer complaint on September 30, 2024.
Respondent Jacob 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.
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.
There are several different aspects of the rule that brokers must comply with. One of which is the care obligations which requires brokers to form a reasonable belief that their investment advice and recommendations are in the retail investor’s best interest. The care obligations includes 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. Next, the advisor must have a reasonable understanding of the specific retail investor’s investment profile. The customer’s profile information generally includes an investor’s financial situation and needs; investments; assets and debts; marital status; tax status; age; investment time horizon; liquidity needs; risk tolerance; investment experience; investment objectives and financial goals; and any other information the retail investor may disclose in connection with the recommendation or advice. The associated person must then apply both their reasonable diligence into various investment options as well as the information gathered as to the investor’s specific needs when considering the investment recommendation. The broker must explore various alternative investment options available to address these needs and determine that there is a reasonable basis to believe that the recommendation or service being recommended is in the retail 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.
Jacob has been in the securities industry for more than 6 years. Jacob has been registered as a Broker with Steward Partners Investment Solutions, LLC since 2022.
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.