Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2011
NOTE: Stipulations of Fact and Consent to Penalty (SFC); Offers of Settlement (OS); and Letters of Acceptance Waiver, and Consent (AWC) are entered into by Respondents without admitting or denying the allegations, but consent is given to the described sanctions & to the entry of findings. Additionally, for AWCs, if FINRA has reason to believe a violation has occurred and the member or associated person does not dispute the violation, FINRA may prepare and request that the member or associated person execute a letter accepting a finding of violation, consenting to the imposition of sanctions, and agreeing to waive such member's or associated person's right to a hearing before a hearing panel, and any right of appeal to the National Adjudicatory Council, the SEC, and the courts, or to otherwise challenge the validity of the letter, if the letter is accepted. The letter shall describe the act or practice engaged in or omitted, the rule, regulation, or statutory provision violated, and the sanction or sanctions to be imposed.
Jose Luis Vinas
2009017198901

Vinas converted approximately $3.3 million from customers, mostly Mexico-based, while he was associated with member firms and served as the registered representative responsible for these customers’ brokerage accounts.

Vinas asked customers to sign blank documents, including firm documents that were printed in English when none of the customers spoke or read English, but they complied with Vinas’ request.

A variable credit line account was opened at Vinas’ firm in the customers’ name, and Vinas submitted or caused to be submitted applications requesting increases in the credit line that the firm approved, but the customers had not authorized the opening of the credit account or the subsequent credit increases, nor were they aware of the existence of the credit account. Vinas forged, or caused to be forged, customer signatures on Letters of Authorization (LOAs) and had a customer sign blank LOAs, which he submitted to his firm purportedly authorizing the transfer of customer funds without these customers’ authorization or knowledge. Vinas submitted, or caused to be submitted, to another member firm fraudulent verbal LOAs without the customers’ authorization or knowledge, which allowed him to wire funds from the customers’ accounts. In addition, Vinas presented false account documents to the customers, which reflected fictitious account balances although he had closed the account after taking the last remaining funds from the account.

Vinas failed to respond to FINRA requests to appear and provide testimony.

Jose Luis Vinas : Barred
Tags: Forgery  LOA  
Bill Singer's Comment

$3.3 Million?  Breathtaking!  Of course, there's just one teeny-weenie issue that I have. If the customers' New Account Forms all reflected that they were Mexican residents, then why didn't the member firm provide documents in Spanish or obtain direct confirmation that the customers understood the English-only materials?  Apparently these were some relatively high-net worth individuals because several million dollars was pilfered from their accounts.

Perhaps a good compliance practice would be to send a letter to the customer in their native language confirming their authorization to use English-only documents and to confirm to them before initiating account activity that your brokerage firm has received the following inventory of executed documents authorizing the following account activity. And don't send that letter in English because it will defeat the whole purpose of communicating the issues to the customers.

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