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.
December 2011 - View all for this month
David Alan Schams
OS/2009018293201
OS/2009018293201
Schams accepted appointment
as an alternative agent attorney-in-fact over a customer account,
without his member
firm’s express written consent.
Schams was to receive
approximately $90,000 from the
customers’ estate. Schams accepted two $20,000 interest-free loans
on the anticipated
inheritance, without signing a promissory note evidencing the
loan, contrary to the
firm’s compliance policies that prohibited registered
representatives from exercising or
maintaining discretionary authority or power of attorney over
customer accounts and
borrowing money, accepting loans, issuing or transacting
promissory notes or other similar
forms of debt for customers without the express written consent of
the firm’s compliance
department.
Schams made material
misstatements to his
firm in a compliance questionnaire regarding borrowing money or
accepting a loan from
a client, holding any securities, stock powers, money or property
belonging to a client,
accepting client checks made payable to him, or endorsed to him
personally or in the name
of an entity, and managing or handling, in any way, the affairs of
any client account on a
discretionary basis.
David Alan Schams: Barred
Enforcement Actions
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