FINRA Elects John Brennan As New Chairman

The FINRA Board of Governors elected John Brennan as its new chairman last week. Brennan, an ex-chief executive and currently chairman emeritus and senior adviser at Vanguard Group, will start his new role on August 15. Robert W. Cook, an ex-division director at the SEC, will start as chief executive of FINRA around the same time. The moves come as the result of Rich G. Ketchum retiring this summer as chairman and chief executive of the regulatory authority. At the FINRA annual conference in May, Brennan was questioned by investor advocates about whether FINRA can effectively police brokers. He called industry oversight “fabulous.” “The idea that self-regulation doesn't work is specious in my view,” said John Brennan. “I know we've made progress in terms of investor protection, market integrity because of the engagement of the industry.” He also responded to critics who claim that brokers do not have enough say in the organization's decisions, stating "Members have a loud voice." [...]

Broker To Pay $331k For Unsuitable Investments

A FINRA Arbitration panel ordered Frederick Baerenz, president and CEO of AOG Wealth Management, to pay $331,000 in compensatory damages after finding him liable of unsuitable trading. Baerenz allegedly misled his investors, Barbara and Roger Bond, regarding the risks of their direct private placements while investing in them between 2006 and 2008. Of the $1.3 million that was invested, Baerenz placed roughly $941,000 in private placements, according to Todd Zuckerbrod, the couple's attorney. “Even though the clients had signed a form saying that they know they are getting a high-risk investment, the panel thought it did not insulate the broker that they were unsuitable investments and he shouldn't have done that,” Zuckerbrod said. Baerenz disagreed: "While we believe that there should have been no award, we are gratified that the panel rejected two-thirds of their damage claims,” he said. The Claimants asked for about $1 million in damages but were awarded $331,000, and any other relief including punitive damages was [...]

Winston Wade Turner Banned from Securities Industry by FINRA for ‘Unethical and Dishonest Actions

FINRA banned Winston Wade Turner, a former Prudential Financial Inc. and MetLife Inc. broker, from the securities industry for making unsuitable variable annuity recommendations. Turner misled clients by misrepresenting and omitting material facts about the sales, according to the regulatory authority. Additionally, Turner hid that he convinced a number of clients to surrender existing variable annuities and, in a few instances, to sell other investments to fund their purchases of new variable annuities he was recommending, FINRA says. FINRA also says that exchanging annuities necessitates heightened supervisory scrutiny because of their relatively high commissions and costs. Pruco Securities Inc., a brokerage subsidiary of Prudential, terminated Turner's employment in August of last year due to the misleading sales practices. "Turner's unethical and dishonest actions, and his willingness to take unfair advantage of customers who placed their trust in him, demonstrate that he is unfit to remain in the securities industry,” according to FINRA's statement. In November 2012, Turner had a client [...]

FINRA Bars Broker For Mishandling Client Funds

Last week, former Merrill Lynch broker Kenneth Daley submitted a Letter of Acceptance, Waiver and Consent in which he accepted a permanent bar from acting as a broker or otherwise associating with firms that sell securities to the public. FINRA found that he had been mishandling client funds. On June 16, 2016, Merrill Lynch filed a Uniform Termination Notices for Securities Industry Registration stating that his registrations had been terminated as of that date. Merrill Lynch also disclosed that at the time of his termination Daley was under internal review "for improperly receiving money from a client via checks written from an outside account." From 2007 to 2012, Daley was the broker of record for a husband and wife. After the husband died in late 2012, the widow became the sole point of contact on the account held at Merrill Lynch with Daley. The widow, an unsophisticated investor who had not held a job in nearly twenty years, also opened [...]