Initiated By
FINRA
Allegations
Without admitting or denying the findings, Dresselaers consented to the sanctions and to the entry of findings that while registered with his member firm he recommended to the firm's customer, investments in several nontraditional exchange-traded funds (ETFs) and stocks issued by companies in the metals and mining sector and these recommendations were unsuitable for the customer, a professional athlete with no investment experience, a moderate risk tolerance, and an investment objective of long-term growth. The findings stated that the customer was a professional athlete when he opened an account with the firm and at the time had no investment experience. On his new account form, the customer stated that he had a moderate risk tolerance and that his investment objective was long-term growth. The customer told Dresselaers that he needed his earnings as an athlete to last the rest of his life. The findings also stated that notwithstanding the customer's investment profile, Dresselaers recommended that the customer invest more than $2.3 million in nontraditional ETFs, including leveraged, inverse ETFs. Dresselaers then recommended that the customer hold these investments for extended periods of time, some for more than five years. These recommendations were unsuitable, and the customer lost a total of $851,175 on these investments. In addition to recommending nontraditional ETFs, Dresselaers recommended that the customer invest approximately $500,000 in several different equities, including approximately $375,000 in stocks issued by companies in the metals and mining sector. As a result of these and other recommendations by Dresselaers, approximately 65 percent of the customer's portfolio was invested in the metals and mining sector. This concentration exposed the customer to the risk of significant losses when the metals and mining market declined. These recommendations were unsuitable, and the customer lost a total of $264,618 on these investments. Dresselaers' recommendations of nontraditional ETFs and metals and mining stocks were not suitable for the customer and these securities were not consistent with the customer's stated investment objective of long-term growth and moderate-risk tolerance. The customer suffered losses of more than $1.1 million on these investments.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$10,000.00
Sanctions
Disgorgement
Amount
$18,708.00
Sanctions
Suspension
Registration Capacities Affected
All Capacities
Duration
60 days
Start Date
10/16/2017
End Date
12/14/2017
Sanctions
Interest
Broker Comment
Without admitting or denying the findings and solely for the purposes of that proceeding and without adjudication of any issue of law or fact, registered representative consented to the findings and to the imposition of a 60 calendar-day suspension in all capacities, a fine of $10,000, and disgorgement of commissions in the amount of $18,708 plus interest.