Initiated By
FINRA
Allegations
FINRA RULES 2010, 8210, NASD RULES 2110, 2330 - MICHAEL WAYNE EVANS RECEIVED CHECKS FROM CUSTOMERS TO ENGAGE IN "UNSPECIFIED BUSINESS TRANSACTIONS" ON THEIR BEHALF THAT WERE IN BLANK FORM WITHOUT A SPECIFIED PAYEE AND NOT SIGNED BY THE CUSTOMERS AND ONE CHECK WAS SIGNED BY ONE OF THE CUSTOMERS BUT NOT OTHERWISE COMPLETED. EVANS, WITHOUT THE CUSTOMERS' PERMISSION, KNOWLEDGE OR AUTHORITY, CONVERTED SECURITIES IN THEIR ACCOUNT WHEN HE SOLD THE SECURITIES, TRANSFERRED THE PROCEEDS INTO THEIR BANK DEPOSIT ACCOUNT AND THEN DEPOSITED THE FUNDS FROM THE SALES INTO HIS PERSONAL CHECKING ACCOUNT. ON OTHER OCCASIONS, EVANS, WITHOUT THE CUSTOMERS' PERMISSION, KNOWLEDGE OR AUTHORITY, CONVERTED FUNDS FROM THEIR BROKERAGE ACCOUNT WHEN HE WITHDREW FUNDS, TRANSFERRED THE FUNDS INTO THEIR BANK DEPOSIT ACCOUNT AND THEN DEPOSITED THE FUNDS INTO HIS PERSONAL ACCOUNT, TRANSFERRING AN AGGREGATE TOTAL OF $60,000 FROM THE CUSTOMERS' ACCOUNTS. EVANS FORGED THE SIGNATURE OF ONE OF THE CUSTOMERS ON CHECKS GIVEN TO HIM WHICH WERE LINKED TO THEIR BANK DEPOSIT ACCOUNT AND MADE SOME OF THE CHECKS PAYABLE TO "CASH," MADE THE OTHERS PAYABLE TO HIMSELF, AND ON ONE OCCASION, FORGED THE CUSTOMER'S SIGNATURE ON A CASH WITHDRAWAL FORM RELATED TO THE BANK DEPOSIT ACCOUNT. WITHOUT THE CUSTOMERS' KNOWLEDGE, AUTHORIZATION OR CONSENT, SOLD SHARES TOTALING $30,000 OF THEIR SECURITIES FROM THEIR BROKERAGE ACCOUNT, TRANSFERRED $10,000 OF THE SALE PROCEEDS TO THE BANK DEPOSIT ACCOUNT AND WITHOUT THE CUSTOMERS' KNOWLEDGE, AUTHORIZATION OR CONSENT, APPLIED $10,000 TO THEIR BROKERAGE ACCOUNT MARGIN BALANCE. EVANS FAILED TO RESPOND TO FINRA REQUESTS FOR INFORMATION.
Resolution
Decision & Order of Offer of Settlement
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Duration
Indefinite
Start Date
4/19/2011
Regulator Statement
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, EVANS CONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS BARRED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY. FINRA DID NOT SEEK RESTITUTION FROM EVANS ON BEHALF OF THE CUSTOMERS BECAUSE THE FIRM REIMBURSED THE CUSTOMERS FOR THE ENTIRETY OF THEIR LOSSES. IN ADDITION, EVAN REIMBURSED THE FIRM APPROXIMATELY $47,000 OF THE $60,000 THAT HE MISAPPROPRIATED FOR THE CUSTOMERS AND IS IN THE PROCESS OF EARNING THE REMAINING $13,000.