Initiated By
FINRA
Allegations
Dutton was named a respondent in a FINRA complaint alleging that he recommended customers purchase illiquid alternative investments without having a reasonable basis to believe that these purchases were suitable. The complaint alleges Dutton's recommendations of alternative investments to the customers, most of whom were retired or approaching retirement, were unsuitable based on their investment profiles-including their net worths, investable assets, annual incomes, investment objectives, and risk tolerances. The recommendations generated more than $72,000 in commission for Dutton. The complaint also alleges that Dutton falsified his member firm's books and records and caused numerous books and records, including new account documents, Direct Business Profile and Agreement forms, Accredited Investor Forms, and Suitability Forms to contain false and inaccurate information regarding customers. The records Dutton falsified caused them to contain false and inaccurate information about his customers' net worth, risk tolerance, investment objective, and concentration percentage in alternative investments. The complaint further alleges that Dutton did not respond to FINRA's requests for information and documents and when he did, Dutton did not respond in a timely manner. The information requested was material to FINRA's investigation of whether Dutton made unsuitable recommendations of alternative investments to additional customers. Dutton responded to a request only after the initiation and near-completion of a FINRA proceeding that would have resulted in his bar from the securities industry if he did not comply. Dutton has subsequently failed to respond to other FINRA requests for information in connection with a separate investigation into whether Dutton engaged in a private securities transaction.
Resolution
Decision
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Duration
Indefinite
Start Date
6/24/2024
Sanctions
Disgorgement
Amount
$65,509.00
Sanctions
Plus interest.
Regulator Statement
Default Decision rendered May 29, 2024 wherein Dutton is barred from associating with any FINRA member firm in any capacity and is ordered to pay $65,509, plus interest, in disgorgement to FINRA. The sanctions were based on the findings that Dutton made unsuitable recommendations of alternative investments. The findings stated that Dutton recommended that his customers, who were usually retired or approaching retirement, purchase $1.2 million in alternative investments. These recommendations generated $72,789 in commissions for Dutton and his member firm. Dutton's recommendations were unsuitable based on the customers' investment profile, including their net worth, investable assets, annual income, investment objective, and risk tolerance. The findings also stated that Dutton falsified books and records of his firm and caused these books and records to be inaccurate. Dutton falsified documents, including new account documents, Suitability Forms, Direct Business Profile and Agreements, and Accredited Investor Forms. These documents misrepresented customers' investor profile and suitability information, including their net worth, risk tolerance, investment objective, and concentration percentage in alternative investments. The findings also included that Dutton failed to respond or timely respond to request for information and documents made by FINRA relating to his sale of alternative investments. FINRA sent multiple requests and ultimately suspended Dutton for failing to respond to its request. In order to remove the suspension, Dutton provided documents and information but did not give any reason for his five-month delay in responding. FINRA sent additional requests to Dutton who orally requested an extension of time to respond to this request, yet Dutton failed to respond. In connection with a second FINRA investigation related to an outside investment account Dutton had at a third-party entity, FINRA sent additional requests for documents and information. Dutton stated in a phone call with FINRA that he would consider responding to this request yet did not request an extension of time to respond and did not respond. Accordingly, FINRA sent out another request stating that Dutton's failure to respond could result in disciplinary action, including a bar from associating with any FINRA member firm. Dutton left a voicemail with FINRA about the requests yet failed to respond with the requested documents and information. The decision is final on June 24, 2024.