Securities Lawyers Blog
According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Daniel Madasz (Madasz), previously associated with Multi-financial Securities Corporation, has at least one disclosable event. These events include one regulatory, alleging that Madasz recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.
FINRA BrokerCheck shows a final customer complaint on October 02, 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 Daniel Stephen Madasz (‘Respondent’ or ‘Madasz’). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the ‘Offer’) which the Commission has determined to accept. On the basis of this Order and Respondent’s Offer, the Commission finds that: On December 2, 2020, Madasz pleaded guilty to two counts of securities fraud and one count of acting as an unregistered investment adviser representative and, on February 19, 2021, he was sentenced to twelve months in prison and two years supervised release, and he was ordered to pay $550,000 in restitution. State of Kansas v. Daniel Stephen Madasz, Case No. 2019-CR-2440, December 2, 2020, Tenth Judicial District, District Court of Johnson County, Kansas. Facts presented to the Court at the plea hearing, which were also contained in a Statement of Facts contained in the State’s Response to Defendant’s Motion for Downward Departure and Sentencing Memorandum (‘Sentencing Memorandum’) asserted that during September and October 2014, Madasz transacted business as an investment adviser representative in Kansas without being registered as such in Kansas, as required by Kansas law. The Sentencing Memorandum contained additional facts alleging that while Madasz acted as an investment adviser representative, he recommended that two advisory clients, who resided in Kansas, purchase securities issued by Skytec Security Services LLC (‘Skytec’), an Arizona company which installed security systems, but Madasz did not inform them that Skytec had hired him to find investors for it. One client invested in a two-year $200,000, 10%, promissory note issued by Skytec, and the second investor invested in a $350,000 subscription agreement with Skytec. The Sentencing Memorandum also asserted that Madasz failed to disclose amounts Skytec owed to other investors. According to the Sentencing Memorandum, owners of Skytec embezzled the entire amount invested by the two clients. The Sentencing Memorandum asserted that the clients’ investments were securities and that Madasz’s omissions were material and therefore constituted fraud.
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 Reg BI standard of care applies to registered representatives making recommendations to customers in the purchase, sale, or exchange of securities or the implementation of investment strategies involving securities and non-securities. The rule also applies to the handling of opening accounts such as account transfers and types of accounts being recommended to be opened. 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.
Brokerage firms and advisors must also understand the features and limitations of various account types as part of meeting Reg BI’s care obligations. Firms typically offer a variety of account options and services with different trading costs, services, such as account and activity monitoring. An advisor’s recommendation as to what type of securities account to open can alter the customers’ overall costs and investment returns. The advisor must determine that the client can benefit from the type of account being recommended to be opened and in the investor’s best interest taking into account the costs, benefits, and needs of the client.
Madasz has been in the securities industry for more than 24 years. Madasz has been registered as a Broker with Multi-financial Securities Corporation since 2006.
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.
