Initiated By
FINRA
Allegations
NASD RULES 2110, 2310: OAKES ENGAGED IN UNSUITABLE SHORT-TERM TRADING OF LOW PRICED AND/OR SPECULATIVE SECURITIES IN THE ACCOUNTS OF CUSTOMERS, CAUSING SUBSTANTIAL LOSSES IN THE CUSTOMERS' ACCOUNTS. THE ACCOUNT ACTIVITY WAS NOT SUITABLE FOR THESE CUSTOMERS BECAUSE THE ACTIVITY DID NOT MEET EACH CUSTOMER'S STATED OBJECTIVE OF GROWTH. THESE CUSTOMERS HAD OPENED NEW ACCOUNTS AT OAKES' MEMBER FIRM WITH HIM AS THEIR REGISTERED REPRESENTATIVE, AND EACH OF THE CUSTOMERS HAD FILLED OUT A NEW ACCOUNT FORM WHICH IDENTIFIED, AMONG OTHER THINGS, A PRIMARY INVESTMENT OBJECTIVE OF GROWTH. THE FIRM DEFINED A GROWTH INVESTMENT OBJECTIVE AS HAVING THE GOALS OF GENERATING LONG-TERM CAPITAL GROWTH, INCOME IS SECONDARY. WITH INVESTMENTS IN HIGH QUALITY EQUITY, LARGE CAP FUNDS, A BALANCED PORTFOLIO OF INVESTMENT GRADE GROWTH STOCKS WITH SMALLER POSITIONS IN HIGH GRADE CORPORATE BONDS. SUCH INVESTORS ARE THOSE LOOKING TO GENERATE CAPITAL APPRECIATION OF THEIR INVESTMENTS WHILE WILLING TO HOLD INVESTMENTS FOR A LONGER PERIOD OF TIME. WILLING TO ASSUME MORE MARKET RISKS THAN BALANCE/CONSERVATIVE GROWTH IN RETURN FOR YIELDS THAT ARE EXPECTED TO MEET OR SLIGHTLY EXCEED THE S&P 500 STOCK MARKET INDEX OVER THE LONG RUN. AN INVESTOR THAT IS WILLING AND ABLE TO SUSTAIN FLUCTUATIONS IN VALUES OF THEIR INVESTMENT. NOTWITHSTANDING THIS DEFINITION, OAKES INVESTED THESE CUSTOMERS IN LOW-PRICED AND/OR SPECULATIVE SECURITIES, MANY OF WHICH HE TRADED ON A SHORT-TERM BASIS. WHEN THE CUSTOMERS CLOSED THEIR ACCOUNTS, EACH CUSTOMER HAD LOST SUBSTANTIAL VALUE IN THEIR SECURITIES ACCOUNTS AT THE FIRM.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$10,000.00
Sanctions
Suspension
Registration Capacities Affected
ANY CAPACITY
Duration
15 BUSINESS DAYS
Start Date
12/16/2013
End Date
1/7/2014
Regulator Statement
WITHOUT ADMITTING OR DENYING THE FINDINGS, OAKES CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS FINED $10,000 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR 15 BUSINESS DAYS. THE FINE IS DUE AND PAYABLE EITHER IMMEDIATELY UPON RE-ASSOCIATION WITH A MEMBER FIRM FOLLOWING HIS SUSPENSION OR PRIOR TO ANY APPLICATION OR REQUEST FOR RELIEF FROM ANY STATUTORY DISQUALIFICATION RESULTING FROM THIS OR ANY OTHER EVENT OR PROCEEDING, WHICHEVER IS EARLIER. THE SUSPENSION IS IN EFFECT FROM DECEMBER 16, 2013, THROUGH JANUARY 7, 2014.
Broker Comment
WITHOUT ADMITTING OR DENYING THE FINDINGS, OAKES CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS FINED $10,000 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR 15 BUSINESS DAYS. THE FINE IS DUE AND PAYABLE EITHER IMMEDIATELY UPON RE-ASSOCATION WITH A MEMBER FIRM FOLLOWING HIS SUSPENSION OR PRIOR TO ANY APPLICATION OR REQUEST FOR RELIEF FROM ANY STATUTORY DISQUALIFICATION RESULTING FROM THIS OR ANY OTHER EVENT OR PROCEEDINGS, WHICHEVER IS EARLIER. THE SUSPENSION IS IN EFFECT FROM DECEMBER 16, 2013 THROUGH JANUARY 7, 2014.