FINRA

MIKULENCAK WAS NAMED A RESPONDENT IN A FINRA COMPLAINT ALLEGING THAT HE FORGED THE SIGNATURE OF AN INDIVIDUAL, A BANK EMPLOYEE AND A NOTARY PUBLIC, ON VARIOUS DOCUMENTS ASSOCIATED WITH BROKER-DEALER ACCOUNTS, TO ASSIST TWO BROKERAGE CUSTOMERS IN RE-REGISTERING STOCK CERTIFICATES FOLLOWING THE DEATHS OF THE CERTIFICATES' PREVIOUS OWNERS. THE COMPLAINT ALLEGES THAT MIKULENCAK ALSO PLACED THE INDIVIDUAL'S NOTARY SEAL ONTO THESE DOCUMENTS. AT NO TIME DID MIKULENCAK OBTAIN PERMISSION OR HAVE THE AUTHORITY EITHER TO SIGN THE INDIVIDUAL'S NAME OR TO USE THE INDIVIDUAL'S NOTARY SEAL IN CONNECTION WITH THE ABOVE DOCUMENTS OR FOR ANY OTHER PURPOSE. THE COMPLAINT ALSO ALLEGES THAT MIKULENCAK FAILED TO APPEAR FOR ON-THE-RECORD (OTR) INTERVIEWS AS REQUESTED BY FINRA.

Decision

Bar (Permanent)

All Capacities

4/6/2015

DEFAULT DECISION RENDERED MARCH 6, 2015. THE SANCTION WAS BASED ON FINDINGS THAT MIKULENCAK FORGED THE SIGNATURE OF A NOTARY PUBLIC AND MADE UNAUTHORIZED USE OF THE NOTARY PUBLIC'S SEAL. THE FINDINGS STATED THAT MIKULENCAK FAILED TO APPEAR AND TESTIFY FOR ON-THE-RECORD TESTIMONY REQUESTED BY FINRA DURING THE COURSE OF ITS INVESTIGATION. THE DECISION BECAME FINAL APRIL 6, 2015.

FINRA

MIKURLENCAK FAILED TO PAY FINES AND/OR COSTS OF $1,070.43 IN FINRA CASE #2011026089701.

LETTER

Revocation

PURSUANT TO RULE 8320, MIKURLENCAK'S REGISTRATION IS REVOKED AS OF CLOSE OF BUSINESS FOR FAILURE TO PAY FINES AND/OR COSTS.

FINRA

FINRA RULE 2010, NASD RULES 2110, 3110: MIKULENCAK SUBMITTED FALSIFIED DOCUMENTS TO HIS MEMBER FIRM. MIKULENCAK'S FIRM TERMINATED HIM AFTER LEARNING THAT HE HAD BEEN RECEIVING A CUSTOMER'S ACCOUNT-RELATED MAILINGS AT HIS OFFICE, WHICH WAS CONTRARY TO THE FIRM'S INTERNAL PROCEDURES. AFTER THE FIRM TERMINATED MIKULENCAK, IT DISCOVERED THAT HE HAD ARRANGED FOR FOUR OTHER CUSTOMERS TO USE HIS BRANCH OFFICE'S ADDRESS IN CHICAGO AS THEIR LEGAL ADDRESS FOR PURPOSES OF THEIR ACCOUNTS WITH THE FIRM. THUS, ALTHOUGH ALL FOUR CUSTOMERS HAD MOVED OUT OF STATE, THEIR ACCOUNTS WITH THE FIRM CONTINUED TO SHOW A LEGAL ADDRESS IN ILLINOIS. USING THE BRANCH OFFICE'S LEGAL ADDRESS DID NOT INTERFERE WITH THE CUSTOMERS' RECEIPT OF ACCOUNT-RELATED MAILINGS. THE LEGAL ADDRESS DOES, HOWEVER, DETERMINE WHAT STATES' LICENSURE REQUIREMENTS APPLY TO THE REGISTERED REPRESENTATIVE WHO SERVICES THE ACCOUNT. MIKULENCAK DID NOT HAVE STATE SECURITIES LICENSES IN ANY OF THE STATES TO WHICH THE FOUR CUSTOMERS RELOCATED. IN ORDER TO REMAIN THE BROKER OF RECORD FOR THE FOUR CUSTOMERS' ACCOUNTS, MIKULENCAK SUBMITTED ACCOUNT DOCUMENTATION TO HIS FIRM THAT FALSELY SHOWED HIS BRANCH OFFICE ADDRESS AS EACH CUSTOMER'S LEGAL ADDRESS. MIKULENCAK SUBSEQUENTLY CONTINUED TO SERVICE THE FOUR ACCOUNTS, DESPITE NOT HAVING THE REQUISITE STATE-LEVEL SECURITIES LICENSES. MIKULENCAK CONTINUED TO SERVICE AT LEAST ONE OF THE FOUR ACCOUNTS UNTIL HIS TERMINATION FROM THE FIRM.

Acceptance, Waiver & Consent(AWC)

Civil and Administrative Penalty(ies)/Fine(s)

$5,000.00

Suspension

ANY CAPACITY

10 BUSINESS DAYS

4/1/2013

4/12/2013

WITHOUT ADMITTING OR DENYING THE FINDINGS, MIKULENCAK CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS FINED $5,000 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR 10 BUSINESS DAYS. THE SUSPENSION IS IN EFFECT FROM APRIL 1, 2013, THROUGH APRIL 12, 2013.

WITHOUT ADMITTING OR DENYING THE FINDINGS, MIKULENCAK CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS FINED $5,000 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR 10 BUSINESS DAYS. THE SUSPENSION IS IN EFFECT FROM APRIL 1, 2013, THROUGH APRIL 12, 2013.