Industry Regulators Block Disclosure of Bad Actor BrokerDealers; BrokerCheck System is Broken

California, Nevada , Arizona, Florida, New York & NJ have highest number of bad apple brokers.

BrokerDealer.com blog update courtesy of extract from Dec 26 WSJ story by Jean Eaglesham and Rob Barry …

brokercheckIn what can best be described as a Faustian tale taken from Alice in Wonderland, it should be no wonder that bad apple brokers continue to prey on investors, with no thanks to the archaic system overseen by financial industry regulators, most notably the “self-regulated” Financial Industry Regulatory Authority aka Finra. WSJ reporters Jean Eaglesham and Rob Barry provide insight into the dumb data system employed by the industry’s watchdog:

Wall Street’s own national watchdog doesn’t make public all the regulatory red flags it has about brokers, prompting calls from state regulators for more expansive disclosure.

Investors checking disciplinary records from the Financial Industry Regulatory Authority, or Finra, can see that in Bennett Broad ’s 35-year career as a stockbroker, he has faced 25 customer complaints involving alleged trading abuses, and that 15 ended in payouts to clients.

What they won’t see is that a former employer, UBS AG , launched an internal investigation into Mr. Broad’s business practices back in 2003 and then, according to state regulators, “permitted” him “to resign.” At least eight of his 25 complaints involved conduct after that investigation.

Finra, an industry-funded overseer of brokers, encourages investors to check its BrokerCheck Web page to look for regulatory red flags about individual brokers, including complaints, regulatory actions, terminations for cause and personal bankruptcies. Mr. Broad’s BrokerCheck reveals neither the UBS investigation nor his resignation—even though they show up on his state regulatory record.

A Wall Street Journal examination of federal and state regulatory data revealed that a wealth of information about brokers is reported to the national regulator but not made public by it. The Journal found at least 38,400 brokers have regulatory or financial red flags that appear only on state records, which in most states aren’t available without contacting state regulators. Of those, at least 19,000 had completely clean BrokerCheck records. A comprehensive database of brokerdealers registered in the US and major countries throughout the globe is available here.

California, Nevada , Arizona, Florida, New York & NJ have highest number of bad actor brokers.

The Journal’s analysis included 6,527 registered stockbrokers with offices in Fort Lauderdale and Boca Raton, Fla., highlighted on the adjacent map. Of those, 342, or 5.2%, reported three or more red flags on their disciplinary records. For every 10 brokers in this area, there were 4.9 disclosures, 126% higher than the rate among all brokers in the Journal’s data.

Brokers with troubled regulatory records were often found in areas with wealthy, elderly populations. In this hot spot, the share of households headed by people aged 65 and up with incomes in excess of $100,000 was about 39% greater than the nation as a whole.

For the entire article from WSJ, please click here.

The Bad Broker-Dealers Just Banned From Brokerage Industry for Swindling Customers

vcxvxFINRA is rounding up the crooks in the bank channel. The regulatory watchdog recently barred three more bank advisors from the industry, adding to the two it banished in April.

Two of the three brokers recently banned were registered with JP Morgan Securities. Kirk Eric Archibald allegedly created unauthorized bank ATM cards while employed as a personal banker and then used them to make unauthorized transactions that resulted in a loss of $19,150, according to BrokerCheck and a settlement letter that he signed with FINRA.

Michael Linfeng Zheng, the other disgraced advisor from JP Morgan Securities, allegedly took an unattended bank customer’s debit card and programmed the card’s PIN on a coworker’s computer. He then used the debit card at a nearby ATM to steal $404 from the customer’s account.

Ann Maria Ferrao was with HSBC Securities. FINRA permanently barred her from the industry for allegedly misappropriating funds from clients’ bank accounts for the benefit of other clients and for her own personal benefit, according to the settlement letter she signed.

JP Morgan, which dismissed both Archibald and Zheng, did not return a call seeking comment. And HSBC, which fired Ferrao, declined to comment. Archibald, Zheng and Ferrao could not be reached.

The regulator also suspended an advisor registered with Wayne Hummer Investments, the investments and insurance arm of Wintrust Financial Corp.’s wealth management division. Arnold Steven Janickas was suspended for two years for allegedly borrowing a total of $805,000 from a customer to buy and renovate a house. Contrary to FINRA rules and Wayne Hummer’s written policies and procedures, Janickas accepted four unsecured loans in the amounts of $550,000, $75,000, $100,000, and $80,000, without notifying or obtaining approval from the firm. He repaid $444,882, leaving a loan balance of $360,118, FINRA alleges in its settlement letter with the advisor.

Click here to read the entire story