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.
2010
Charles Wyman Shirey (Principal) AWC/2008015696301/ 2010
Shirey impersonated customers to expedite the transfer of their accounts from his former broker-dealer to his new broker-dealer. Shirey placed calls to his former broker-dealer, identified himself as the customer and proceeded to impersonate the customers. Although the customers had authorized the transfer of their accounts, they did not authorize the impersonations.
Charles Wyman Shirey (Principal): Fined $7,500; Suspended 30 business days
Martens contacted a mutual fund company and misrepresented herself as an assistant to the customer’s former registered representative at another member firm in an attempt to obtain confidential information about the customer’s account, which the customer had authorized Martens in writing and orally to obtain. At the time of the misrepresentation, Martens had been authorized to act as the customer’s broker of record at her firm, but the mutual fund company had not yet processed the change of broker form received from the firm. The mutual fund company would not have provided this information to Martens had she correctly identified herself and her broker-dealer affiliation.
Jeannette J. Martens : Fined $5,000; Suspended 30 business days
Villa obtained a deceased customer’s credit card number during the course of assisting the customer’s widow with her banking needs and, without authorization, charged approximately $3,800 to the customer’s credit card account. Pretending to be the deceased customer, Villa contacted the credit card’s customer service and requested that the address on the credit card be changed to his home address. Villa added himself as an authorized user on the credit card and requested that a new card be sent to his home address.