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CLIENT ALLEGES THAT THE REGISTERED REPRESENTATIVE SOLD HER LIMITED PARTNERSHIP INVESTMENTS THAT WERE NOT SUITABLE FOR HER AND RESULTED IN LOSSES.
Damage Amount Requested
$499,250.00
Damages Granted
$31,768.00
Broker Comment
IN DECEMBER, 2010, A FORMER CLIENT OF MR. KISNER FILED AN ARBITRATION CLAIM AGAINST HIM ALLEGING THAT HE ADVISED HER ON INVESTMENTS THAT WERE UNSUITABLE AND RESULTED IN LOSSES. MR. KISNER WAS NOT EMPLOYED BY SUREVEST IN 2006 WHEN THE ALLEGED EVENTS OCCURRED. MR. KISNER BELIEVES THAT THIS COMPLAINT WAS WITHOUT MERIT DUE TO THE INVESTOR'S QUALIFICATIONS, DESIRED INVESTMENT OBJECTIVES, AND PRIOR EXPERIENCE WITH SIMILAR INVESTMENTS. IN ADDITION, MR. KISNER DISPUTES THAT ANY LOSSES HAVE OCCURRED AS ALL INVESTMENT PROGRAMS WERE STILL VIABLE ONGOING PROGRAMS, WHICH WERE MAKING MONTHLY DISTRIBUTIONS TO THE CLIENT AT THE TIME THE CLAIM WAS FILED.
FURTHERMORE, AT THE TIME THE ALLEGED EVENTS OCCURRED, MR. KISNER WAS ACTING AS A REGISTERED REPRESENTATIVE WHO COULD NOT (AND DID NOT) EXERCISE DISCRETION OVER THE INVESTMENT DECISIONS. THE PANEL DISMISSED THE MAJORITY OF THE CLAIMS AND AWARDED THE CLIENT LESS THAN 10% OF THE COMPENSATION SHE WAS SEEKING. IN ADDITION THE CLIENT WAS DENIED REIMBURSEMENT OF LEGAL FEES.
7/14/2009
Regulatory
Final
Initiated By
NEVADA
Allegations
FAILED TO REGISTER AS A REPRESENTATIVE OF AN INVESTMENT ADVISER
Resolution
Consent
Sanctions
ORDERED TO PAY INVESTIGATIVE COSTS OF $7500.00.
Broker Comment
IN JULY OF 2009, THE STATE OF NEVADA, SECRETARY OF STATE, SECURITIES
DIVISION INITIATED AN INVESTIGATION OF SUREVEST TO DETERMINE WHETHER JEREMY
KISNER WAS PROPERLY REGISTERED AS A REPRESENTATIVE OF AN INVESTMENT ADVISER.
WHILE MR. KISNER WAS A LICENSED REGISTERED REPRESENTATIVE AND CERTIFIED
FINANCIAL PLANNER® AT THE TIME OF THE INVESTIGATION, THERE WAS SOME
CONFUSION REGARDING THE STATE OF NEVADA'S REGISTRATION REQUIREMENTS. MR.
KISNER RECTIFIED ANY DEFICIENCY PRIOR TO THE RESOLUTION OF THE STATE OF
NEVADA'S INVESTIGATION. FOLLOWING THE INVESTIGATION, MR. KISNER, WITHOUT
ADMITTING OR DENYING THE ALLEGATION, AGREED TO PAY $7,500, THE ESTIMATED
COST OF THE STATE OF NEVADA'S INVESTIGATION.
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IA
Investment Adviser
An investment adviser is paid for providing advice about securities to clients. In addition, some investment advisers manage investment portfolios and offer financial planning services.
Disclosures
Disclosures can be customer complaints or arbitrations, regulatory actions, employment terminations, bankruptcy filings and certain civil or criminal proceedings that they were a part of.
Disclosures can be customer complaints or arbitrations, regulatory actions, employment terminations, bankruptcy filings and certain civil or criminal proceedings that they were a part of.