Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2010
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.
Douglas Joe Barker (Supervisor)
2007009520202
Barker recommended and effected unsuitable short-term sales in customers’ accounts of closed-end funds less than six months after purchasing them at an initial public offering. Barker did not possess a reasonable basis to believe his recommendations and that the resulting transactions were suitable for his customers whose investment objectives were conservative to moderate. The findings also stated that the sales accounted for customer losses exceeding $350,000, for which he earned commissions totaling approximately $100,000.
Douglas Joe Barker (Supervisor): Fined $125,000; Suspended 6 months
Tags: Suitability  
Bill Singer's Comment

I'm not particularly thrilled with FINRA's write-up of this case.  If FINRA meant to imply that selling a closed-end fund purchased via an IPO after six months is, somehow, patently unsuitable -- well, that doesn't work for me.  There could me many explanations for the sale, not the least of which are cutting losses, profit taking, customer's need for funds, etc.  Further, FINRA seems to suggest that the fact that a customer lost $350,000 is also indicative of unsuitability if the customer's objectives were "conservative to moderate."  Again, that's too slick for me. It suggests that it's never appropriate to lose money for a client who seeks conservative or moderate objectives.

What I suspect FINRA meant to say was that it was troubled by an account where the broker generated $100,000 in commissions on sales that resulted in $350,000 in customer losses. Not sure that I would concur with the regulator that such a scenario is a "suitability" issue.  There may be other violations inherent in those facts -- excessive commissions, mark-up/down concerns, etc.  Clearly, this monthly explanation needed a bit more fleshing out to make sense.

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