Securities Lawyers Blog
The investment lawyers of Gana Weinstein LLP are investigating the regulatory action brought by the Financial Industry Regulatory Authority (FINRA) against Brad Lawing (Lawing). According to BrokerCheck records, Lawing has been subject to 11 customer complaints. In addition, Lawing has been subject to a regulatory matter in which FINRA sanctioned Lawing for various violations of the securities laws including unsuitable recommendations.
In November 2017, FINRA found that Lawing recommended shares of a business development company (BDC) to three customers that did not satisfy suitability standards for two customers and resulted in over-concentration for the other customer. FINRA found that Lawing did not use reasonable diligence to ascertain customers’ financial situation, risk tolerance, and other factors affecting for suitability consideration. FINRA also alleged that in one case Lawing recommended an investment without speaking with the customer. Additionally, Lawing disclosed non public information for ten of his customers whose previous registered representative was statutorily disqualified from participating in the brokerage industry. In November 2017, Lawing was suspended for 5 months and fined $10,000.
Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation, the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.
Firms that are members of FINRA have the responsibility to protect their customers’ personal information and records. Regulation S-P mandates FINRA firms to protect a customer’s financial and personal information from anticipated threats, hazards, and unauthorized access or use. The firm is also obligated to notify customers of information sharing policies and of customer rights.
Lawing has been in the securities industry for eleven years. From 2010 to 2017, he was registered with Cambridge Investment Research, Inc.. From August 2007 through July 2010 Lawing was a registered representative of The O.N. Equity Sales Company. Lawing is currently not registered with any firm.
Investors who have suffered losses may be able recover their losses through securities arbitration. The investment attorneys at Gana Weinstein LLP are experienced in representing investors in cases of selling away and brokerage firms failure to supervise their representatives. Our consultations are free of charge and the firm is only compensated if you recover.