Frankowski Firm Investigating Leavitt F. Sanders And Associated Firms

The Frankowski Firm is investigating the potential claims of people who invested with Leavitt F. Sanders and the firms with which he has been associated (the “Sanders Entities”). These entities include: Leavitt Financial Group, Inc., Sanders Yearian Advisory Group, Inc., Triad Advisors, Inc., TD Ameritrade, Inc., IFC Holdings, Inc. d/b/a INVEST Financial Corporation, and Capital Asset Advisory Services, LLC. The investors, all of whom are of retirement age, depended on the funds they entrusted to the Sanders Entities and allege that the entities failed to act in accordance with the investors’ objectives and with the applicable standard of care. The investors, having suffered catastrophic losses to their life savings, also allege that the Sanders Entities breached their duties and engaged in wrongful conduct. According to the investors, the Sanders Entities made trades and engaged in other investment activities without their authority. Furthermore, they failed to properly keep the investors informed about the trading within their accounts. Specifically, the Sanders Entities [...]

After FINRA’s 2014 Enforcement Overhaul, Are Bigger Fines Coming?

FINRA doubled its enforcement haul in 2014 by collecting about $134 million in sanctions, leading attorneys to wonder if the trend will lead to bigger fines in the future. During the past year, the regulatory authority hit big names, including Citigroup Inc., Morgan Stanley Smith Barney LLC, and Bank of America's Merrill Lynch unit, with multimillion-dollar fines pertaining to claims that they failed to adhere to FINRA's rules. The indiscretions ranged from banking conflicts of interest to sales practice issues involving retail and small business customers. According to a study by Sutherland Asbill & Brennan LLP, FINRA accrued its largest total of fines since the financial crisis with twenty-five cases collectively earning over $100 million in fines. Sutherland also calculated that the roughly $135 million was more than double the $60 million in fines it imposed on 2013. The total was also much larger than the fines ranging from $28 million to $72 million between 2008 and 2012. FINRA's biggest [...]

FINRA Issues Cybersecurity Practices Report & Investor Guidance

This month, FINRA released to publications pertaining to cybersecurity risks at financial firms. The Report on Cybersecurity Practices presents the findings of FINRA's 2014 investigation of cybersecurity issues at financial firms and points out risk management principles and practices to assist firms in decreasing their exposure to cyber threats. The regulatory authority also published Cybersecurity and Your Brokerage Firm, an investor alert designed to “encourage investors to understand a firm’s cybersecurity policies and take personal precautions to safeguard their brokerage accounts and personal financial information.” FINRA's 2014 investigation had four purposes: “to better understand the types of threats that firms face; to increase [FINRA’s] understanding of firms’ risk appetite, exposure and major areas of vulnerabilities in their information technology systems; to better understand firms’ approaches to managing these threats; and to share observations and findings with firms.” It found that the top three threats that financial firms include “hackers penetrating firm systems; insiders compromising firm or client data; and operational [...]

Recent FINRA Disciplinary Fines And Sanctions

Arque Capital, Ltd. submitted a letter of acceptance, waiver, and consent in which the firm was censured and fined $50,000. Arque Capital did not admit or deny the findings but consented to the penalties and to the entry of findings that it sold about $3.53 million in an alternative investments called Renewable Secured Debentures to roughly forty investors while providing them with the company's sales kit, which included a brochure with misleading statements. According to the findings, the firm was responsible for conducting due diligence on the company and the debentures as well as advertising pieces pertaining to the debentures. Arque Capital sent out solicitations with misleading statements, omitted material facts, and did not provide a sound basis for evaluating the securities that were being offered. Joseph Brandon Westphal was banned from association with any member of FINRA in any capacity. The penalty was the result of findings that he did not respond to FINRA's request for documents and information. [...]