Initiated By
FINRA
Allegations
NASD RULES 2110, 2310, 2510(B), 3110: KENNER MADE UNSUITABLE TRADE RECOMMENDATIONS IN THE ACCOUNTS OF A CUSTOMER. HE RECOMMENDED PURCHASES RESULTING IN AN OVER-CONCENTRATION OF NON-INVESTMENT GRADE BONDS AND OTHER EQUITIES FOR AN OVER 60 YEAR-OLD COUPLE WITH NO PREVIOUS INVESTMENT EXPERIENCE. IN ADDITION, KENNER MISMARKED ORDER TICKETS FOR PURCHASES FOR THESE CUSTOMERS AND OTHER CUSTOMERS AS "UNSOLICITED" WHEN THEY WERE "SOLICITED." FURTHER, KEENER EXERCISED DISCRETION WITH VERBAL, BUT NOT WRITTEN AUTHORIZATION, IN THE ACCOUNTS OF AT LEAST SIX CUSTOMERS. ALTHOUGH KEENER FREQUENTLY SPOKE TO THESE CUSTOMERS, HE DID NOT SPEAK TO THEM EVERY TIME HE ENTERED A TRANSACTION IN THEIR ACCOUNTS. KEENER DID NOT HAVE WRITTEN AUTHORIZATION FROM THESE CUSTOMERS OR FROM HIS MEMBER FIRM TO ENGAGE IN SUCH DISCRETIONARY TRADING.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$7,500.00
Sanctions
Suspension
Registration Capacities Affected
ALL CAPACITIES
Duration
TWO MONTHS
Start Date
8/16/2010
End Date
10/15/2010
Regulator Statement
WITHOUT ADMITTING OR DENYING THE FINDINGS, KEENER CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS FINED $7,500 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR TWO MONTHS. THE SUSPENSION IS IN EFFECT AUGUST 16, 2010 THROUGH OCTOBER 15, 2010.
Broker Comment
WITHOUT ADMITTING OR DENYING THE FINDINGS, KEENER CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS FINED $7,500 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR TWO MONTHS. THE SUSPENSION IS IN EFFECT AUGUST 16, 2010 THROUGH OCTOBER 15, 2010.