Initiated By
FINRA
Allegations
ARTICLE V, SECTION 2(C) OF THE FINRA BY-LAWS, FINRA RULES 1122, 2010, 8210, NASD RULE 3040, INTERPRETATIVE MATERIAL 1000-1 - TIMOTHY MORAN INTRODUCED FIRM CUSTOMERS TO A PRIVATE HEDGE FUND TO DISCUSS POSSIBLE INVESTMENT IN THE HEDGE FUND. MORAN RECOMMENDED THAT THE CUSTOMERS INVEST, OR CONSIDER INVESTING, IN THE HEDGE FUND, OR PARTICIPATED IN MEETINGS, PHONE CONVERSATIONS OR OTHER COMMUNICATIONS BETWEEN HIS CUSTOMERS AND THE HEDGE FUND'S OWNER. CUSTOMERS INVESTED APPROXIMATELY $1.69 MILLION IN THE HEDGE FUND. MORAN PERSONALLY INVESTED A TOTAL OF $150,000 IN THE FUND. MORAN RECEIVED MORE THAN $200,000 AS COMPENSATION FOR HIS ASSISTANCE IN OBTAINING INVESTMENTS. MORAN DID NOT DISCLOSE HIS INVOLVEMENT OR PARTICIPATION IN SELLING INTERESTS IN THE HEDGE FUND TO HIS MEMBER FIRM OR OBTAIN THE FIRM'S PERMISSION TO DO SO. MORAN FAILED TO RESPOND TO FINRA REQUESTS FOR DOCUMENTS AND INFORMATION AND FALSELY RESPONDED TO A FINRA REQUEST FOR INFORMATION. MORAN FAILED TO TIMELY AMEND HIS FORM U4 TO DISCLOSE A $216,654 IRS LIEN FOR UNPAID TAX LIABILITIES.
Resolution
Decision
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Start Date
3/5/2014
Sanctions
Disgorgement
Amount
$200,000.00
Regulator Statement
DEFAULT DECISION RENDERED FEBRUARY 5, 2014 WHEREIN MORAN IS BARRED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY AND ORDERED TO DISGORGE $200,000 FOR THE ILL-GOTTEN GAINS RECEIVED. THE SANCTIONS WERE BASED ON FINDINGS THAT MORAN ENGAGED IN PRIVATE SECURITIES TRANSACTIONS WITHOUT PROVIDING HIS MEMBER FIRM WITH PRIOR WRITTEN NOTICE. THE FINDINGS STATED THAT MORAN INTRODUCED THE FIRM'S CUSTOMERS TO A PRIVATE HEDGE FUND TO DISCUSS POSSIBLE INVESTMENT IN THE HEDGE FUND WITH THE OWNER/OPERATOR OF THE FUND. MORAN RECOMMENDED THAT THE CUSTOMERS INVEST, OR CONSIDER INVESTING, IN THE HEDGE FUND, OR PARTICIPATED IN MEETINGS, PHONE CONVERSATIONS OR OTHER COMMUNICATIONS BETWEEN HIS CUSTOMERS AND THE HEDGE FUND'S OWNER. SOME OF THE CUSTOMERS, WHO MORAN INTRODUCED TO THE OWNER, INVESTED APPROXIMATELY $1.69 MILLION IN THE HEDGE FUND. MORAN ALSO INVESTED A TOTAL OF $150,000 IN THE FUND. MORAN RECEIVED MORE THAN $200,000 AS COMPENSATION FOR HIS ASSISTANCE IN OBTAINING INVESTMENTS. MORAN DID NOT DISCLOSE HIS INVOLVEMENT OR PARTICIPATION IN SELLING INTERESTS IN THE HEDGE FUND TO HIS FIRM OR OBTAIN THE FIRM'S PERMISSION TO PARTICIPATE IN THE PRIVATE SECURITIES TRANSACTIONS. THE FINDINGS ALSO STATED THAT MORAN FAILED TO RESPOND TO FINRA REQUESTS FOR DOCUMENTS AND INFORMATION AND FALSELY RESPONDED TO A FINRA REQUEST FOR INFORMATION. WHEN MORAN RESPONDED TO FINRA'S REQUEST, HE STATED THAT HE HAD NOT RECEIVED ANY COMPENSATION FOR REFERRING CLIENTS TO THE HEDGE FUND. MORAN ALSO STATED THAT HE HAD RECEIVED MORE THAN $200,000 FROM THE HEDGE FUND AS PAYMENT FOR ALLOWING THE HEDGE FUND'S OWNER TO USE HIS COMPUTERS. THESE STATEMENTS WERE FALSE. THE FINDINGS ALSO INCLUDED THAT MORAN FAILED TO TIMELY AMEND HIS FORM U4 TO DISCLOSE A $216,654 INTERNAL REVENUE SERVICE (IRS) LIEN FOR UNPAID TAX LIABILITIES, IN CONTRAVENTION OF HIS OBLIGATION TO KEEP HIS FORM U4 CURRENT. THE DECISION BECAME FINAL MARCH 5, 2014.