Edward Jones

Former Edward Jones Advisor Daniel Retzke Barred Over Private Securities Investigation

April 21, 2015 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) recently sanctioned and barred broker Daniel Retzke (Retzke) concerning allegations Retzke refused to appear for on-the-record testimony requested by FINRA in connection with an investigation into possible private securities transactions and the soliciting of a loan (also referred to as “selling away”). According to FINRA BrokerCheck records Retzke has disclosed outside business activities include Country Inn & Suites, Galena Lodging Photography, Galena Lodging, and Retzke LLC. It is unclear whether FINRA’s investigation concerns these particular outside business activity. In addition, there have been at least three customer complaints filed against Retzke some which allege unsuitable investments.

ln December 1983, Retzke first became registered with a FINRA firm. In January 1992, Retzke became associated with Edward Jones. On November 13, 2014, Edward Jones filed a Uniform Termination Notice with FINRA disclosing that Retzke was discharged on October 14, 2014.

According to FINRA, in January, 2015, the agency began investigating whether Retzke had engaged in a private securities transaction and solicited a loan from a client. As part of its investigation, on January 30, 2015, FINRA sent a request to Retzke. According to FINRA, Retzke stated on a call with FINRA staff on February 3, 2015, that he will not cooperate with the investigation. Consequently, Retzke was barred by FINRA.

FINRA Files Complaint Against Broker Anthony Diaz

September 16, 2014 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) brought a complaint against broker Anthony Diaz (Diaz) concerning a host of industry violations. Diaz entered the securities industry in January 2000 and has been registered with eleven different firms over fourteen years. Diaz is currently employed by IBN Financial Services, Inc., (IBN Financial) since September 2012.

Diaz has a long and troubled history of securities related violations and misconduct. There have been at least 14 customer complaints filed against Diaz, he has been subject to 5 firm terminations, and has two judgments. FINRA also found that Diaz was fired or permitted to resign by six of the eleven member firms with which he was registered for. On or about November 21, 2002, Edward Jones fired Diaz for providing inaccurate information during a supervisory review, was terminated by Raymond James Financial Services, Inc. because it was “no longer comfortable supervising”, was permitted to resign on April 1, 2009, by First Allied Securities, Inc. because he had a history of customer complaints and administrative infractions., was fired by SII Investments, Inc. for unauthorized trading, was fired by Kovack Securities, Inc. because of complaints alleging unauthorized trades, and finally was fired by Sandlapper Securities, LLC for soliciting sales of variable annuities without being properly appointed by the issuing company.

FINRA alleged that from March 2010, through May 2011, Diaz induced approximately eighty customers to enter into variable annuity exchanges causing significant surrender charges without a reasonable basis for recommending these exchanges. FINRA found that each customer invested in the same fund, had the same subaccount allocation, and had the same rider selected. FINRA alleged that Diaz recommended the annuity exchanges without having an understanding of the features of the new product and used the same three invalid justifications for nearly all of these exchanges.

Edward Jones Sanctioned Over Unsuitable Nontraditional ETF Sales

March 21, 2014 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) sanctioned Edward D. Jones & Co., L.P. (Edward Jones) concerning allegations that between January 2008 and July 2009, Edward Jones failed to establish and maintain a supervisory system that were reasonably designed to ensure that the sales of leveraged and inverse exchange traded funds (Nontraditional ETFs) complied with applicable securities laws. FINRA found that Edward Jones registered representatives recommended nontraditional ETFs to customers without first investigating those products sufficiently to understand the features and risks of the product and that consequently these recommendations were unsuitable.

Edward Jones a Missouri limited partnership and a full-service broker-dealer since 1939. The firm’s principal offices are located in St. Louis, Missouri and the firm has more than 15,000 registered representatives and more than 10,000 branch offices throughout the United States.

As a background, Non-Traditional ETFs are usually registered unit investment trusts or open-end investment companies and are considered to be novel investment products. While ETFs came be common place in the 1990s, the first nontraditional ETFs began trading in 2006. By 2009, over 100 Non-Traditional ETFs existed in the market place with total assets of approximately $22 billion. Since 2009, the number of nontraditional ETFs on the market has since increased to more than 250.

Are Your Investments Appropriate for You?

March 17, 2014 | by Staff Attorney

Most investors know that their financial advisor cannot misrepresent the risks and rewards of investments. However, many investors do not realize that all brokers have an obligation to deal fairly with investors by only recommending suitable investments or investment strategies. All sales efforts are judged by the ethical standards of Financial Industry Regulatory Authority (FINRA) that sets industry wide investment standards. The “suitability rule” contains three primary obligations: reasonable-basis, customer-specific, and quantitative suitability.

Reasonable-basis suitability means that the broker must believe, based on appropriate research and due diligence, that the product or strategy being recommended is suitable for at least some investors. Thus, FINRA recognizes that there are some investment products and strategies that are so risky and likely to fail that they would be inappropriate for all investors. Other investments may contain risks characteristics that are only appropriate for a very small group of investors or for specialized purposes.

Customer-specific suitability requires the broker to believe that the recommended investment strategy is suitable for that particular customer. The advisor must take into consideration the customer’s risk tolerance, investment objectives, age, financial circumstances, other investment holdings, experience, and other information provided to the broker.