Articles Tagged with X-change Financial Access

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Brian Brown (Brown), previously associated with X-change Financial Access, LLC, has at least one disclosable event. These events include one tax lien, alleging that Brown recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on December 23, 2024.

Brian Brown violated Cboe Rule 5.91 – Floor Broker Responsibilities in that Brown, acting as a Floor Broker on behalf of XCHG, failed to use due diligence to ensure he was executing the portion of the orders for Firm A as contra at the best price or prices available and in accordance with the Rules. Additionally, Brown executed orders over which he had discretion as to the choice of the specific SPX options series to be bought or sold; the number of contracts to be bought or sold; and whether such transaction was a buy or sell transaction. Brown also violated Cboe Rules 5.80(b) – Admission to and Conduct on the Trading Floor and 8.1 – Just and Equitable Principles of Trade by Brown in that by and through the Arrangement and/or the creation and execution of orders pursuant to this Arrangement, Brown: 1) engaged in conduct inconsistent with the maintenance of a fair and orderly market, apt to impair public confidence in the operation of the Exchange, and inconsistent with the ordinary and efficient conduct of business; 2) May have prevented in-crowd market participants the opportunity to participate in and/or participate fully in the contra sides of orders to which they had priority over Firm A and enabled Firm A to receive fills as a contra party to orders to which Firm A had no priority; and 3) circumvented ordinary standards of care related to order handling, open outcry trading, and Floor Broker duties and responsibilities as set out in Exchange Rules.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Timothy Hendricks (Hendricks), previously associated with X-change Financial Access, LLC, has at least one disclosable event. These events include one tax lien, alleging that Hendricks recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on April 24, 2024.

On April 24, 2024, NFA’s Committee issued a Complaint against X-Change Financial Access LLC (XFA), Timothy F. Hendricks (Hendricks), and Peter G. Scheffler (Scheffler). The complaint charges XFA with failing to keep full, complete, and systematic records of all transactions relating to the firm’s business of dealing in commodity interests and maintain all pre-trade communications. The complaint also alleges that XFA allowed unregistered individuals to act as Associated Persons without being registered in such capacity and as NFA associates. The complaint further alleges that the firm, Hendricks and Scheffler failed to supervise. Without a valid reason or seeking regulatory guidance, Scheffler participated in a decision with Hendricks to use order tickets that did not contain all the required information to satisfy regulatory relief provided by the CFTC during the COVID pandemic (COVID relief). This approach was also insufficient because, as previously alleged, XFA’s order tickets often lacked basic required information (e.g., full account number), making it difficult to use them to reconstruct trades. Similarly, Hendricks, who is a managing partner of XFA and Co-CEO of XFA’s Futures Execution Division (FED), failed to fulfill his supervisory obligations at the firm. Hendricks failed to ensure the firm maintained full, complete, and systematic records related to its order handling process. Additionally, Hendricks’ approval to use order tickets without all required information to comply with the COVID relief illustrates another significant supervisory shortcoming on his part.

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