Securities Lawyers Blog
The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Thomas Braley (Braley). According to BrokerCheck records Braley has been subject to at least four customer complaints. The customer complaints against Braley alleges securities law violations that including unauthorized trading , unsuitable investments, and misrepresentations among other claims.
In May 2016 a customer filed a complaint against Braley alleging that unsuitable investment recommendations were made, excessive trading, and misrepresentation from January 2013 to February 2016 that caused $180,000 in damages. The complaint is currently pending.
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. Advisors are also not allowed to engage in unauthorized trading. Such trading occurs when a broker sells securities without the prior authority from the investor. All brokers are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b). These rules explicitly prohibit brokers from making discretionary trades in a customers’ non-discretionary accounts. The SEC has also found that unauthorized trading to be fraudulent nature because no disclosure could be more important to an investor than to be made aware that a trade will take place.