RICHARD DANIEL TABIZON II - Investment Adviser

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Detailed ReportReport

RICHARD DANIEL TABIZON II

CRD#: 2601208

Previous Investment Adviser

Previous Broker

BARRED BY FINRA OR THE SEC

FINRA has barred this individual from acting as a broker or otherwise associating with a broker-dealer firm.

The representative was previously registered both as an investment adviser and as a broker. Visit BrokerCheck for more information on this individual's Broker record. Go to BrokerCheck Site

Licenses

Licenses

0 Licenses

Registration History

Disclosure(s)

View By:

3/24/2016

Regulatory

Final

Initiated By

FINRA

Allegations

Tabizon was named a respondent in a FINRA complaint alleging that he directed an associated individual of his member firm to Email firm registered representatives from the associated individual's personal Email account and instruct the registered representatives to backdate forms and return them. The complaint alleges that after receiving backdated forms from recipients of the Email, Tabizon produced these forms to FINRA without revealing that they had been backdated. These actions were done in such a way so as to avoid detection and deceive FINRA. The complaint also alleges that Tabizon caused the firm to maintain inaccurate books and records. The firm failed to maintain and preserve Emails sent and received by Tabizon from his personal Email account for firm-related business communications.

Resolution

Decision

Bar

Bar (Permanent)

Registration Capacities Affected

all capacities

Duration

indefinite

Start Date

2/1/2018

Sanctions

Monetary Penalty other than Fines

Amount

$12,184.82

Regulator Statement

Extended Hearing Panel Decision rendered December 15, 2017. The sanctions were based on findings that Tabizon falsified firm compliance records and submitted them to FINRA. The findings stated that a registered representative of the firm solicited backdated outside business activity (OBA) and private security transaction (PST) compliance forms, knowing that they were for transfer to FINRA examiners. The representative emailed firm registered representatives from his personal email account and directed the representatives to backdate forms and return the backdated forms to his personal email account or to a general fax number. Tabizon directed the representative to solicit the backdated OBA and PST forms and he submitted the forms to FINRA without disclosing the backdating of the forms. The findings also stated that Tabizon caused the firm to fail to maintain accurate books and records. Tabizon caused the firm to fail to maintain and preserve business records by using his personal email accounts in connection with obtaining the backdated OBA and PST compliance forms. The use of personal email accounts, in violation of the Firm's WSPs, prevented the capturing of the emails by the firm's email archive, which caused the firm's business records to be incomplete. The decision became final February 1, 2018.

Previous Registration(s)

th hidden text	th hidden text	Name	Location
IA	01/25/2011 - 03/13/2015	NMS CAPITAL ASSET MANAGEMENT, INC. (CRD#:149678)	BEVERLY HILLS, CA
IA	09/02/2005 - 08/17/2009	EMMETT A LARKIN COMPANY, INC (CRD#:6625)	LONGVIEW, TX
IA	04/02/2003 - 03/31/2005	PMB SECURITIES CORP. (CRD#:118642)	NEWPORT BEACH, CA
IA	04/13/2000 - 12/02/2002	MORGAN STANLEY (CRD#:7556)	ONTARIO, CA

NMS CAPITAL ASSET MANAGEMENT, INC. (CRD#:149678)

BEVERLY HILLS, CA

01/25/2011 - 03/13/2015

EMMETT A LARKIN COMPANY, INC (CRD#:6625)

LONGVIEW, TX

09/02/2005 - 08/17/2009

PMB SECURITIES CORP. (CRD#:118642)

NEWPORT BEACH, CA

04/02/2003 - 03/31/2005

MORGAN STANLEY (CRD#:7556)

ONTARIO, CA

04/13/2000 - 12/02/2002

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Broker

A brokerage firm, also called a broker-dealer, is in the business of buying and selling securities – stocks, bonds, mutual funds, and certain other investment products – on behalf of its customer (as broker), for its own bank (dealer), or both. Individuals who work for broker-dealers - the sales personnel are commonly referred to as brokers.

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.