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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
Without admitting or denying the findings, Fairbanks consented to the sanctions and to the entry of findings that she borrowed $75,000 from her securities customer and friend for the purpose of purchasing a house without her member firm's knowledge or permission. The findings stated that Fairbanks and the customer did not document any agreement about the loan, due to their personal relationship, or agree on a schedule for repayment, an interest rate, collateral, or other key terms of the loan. Five months later, the customer asked Fairbanks to repay the loan and she did so. During that period, Fairbanks' firm prohibited associated persons from borrowing money from customers, and Fairbanks did not seek her firm's approval for the loan. The findings also stated that around the time that Fairbanks repaid the loan, she sent approximately 20 text messages about securities to the customer, a means of communication that her firm prohibited and could not monitor. Some of the messages addressed specific transactions, such as orders to sell certain option contracts, investment strategies, such as whether the customer should sell a certain issuer's securities, the performance of the customer's accounts, and referred to a complaint that the customer had about Fairbanks' trading practices. Fairbanks did not provide her text messages with the customer to her firm so that it could retain the communications.
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
Five months
Start Date
2/5/2018
End Date
7/4/2018
11/1/2017
Customer Dispute
Settled
Allegations
The customer alleges misrepresentation and unsuitable investment recommendations from August 2006 to March 2012.
Settlement Amount
$50,000.00
7/6/2017
Customer Dispute
Settled
Allegations
Client alleged the advisor misrepresented risks associated with options trading and concentrated the investments in high risk options.
Damage Amount Requested
$5,000.00
Settlement Amount
$125,000.00
5/18/2017
Employment Separation After Allegations
Firm Name
Ameriprise Financial
Termination Type
Permitted to Resign
Allegations
Registered representative was suspended on May 11, 2017 and resigned while under review for company policy violations related to borrowing from a client and exchanging business related text messages with a client.
4/2/2015
Customer Dispute
Settled
Allegations
CLAIMANT ALLEGES CHURNING, BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, MISREPRESENTATION, NEGLIGENCE, MISMARKING ORDERS, AND NEGLIGENT SUPERVISION BETWEEN 2004 AND AUGUST 2006.
Damage Amount Requested
$100,000.00
Settlement Amount
$15,000.00
Broker Comment
the firm decided to settle this matter to avoid the costs and risks of protracted litigation. we continue to deny the allegations alleged in the claim. The registered person did not contribute to the settlement.
9/3/2014
Regulatory
Final
Initiated By
FINRA
Allegations
WITHOUT ADMITTING OR DENYING THE FINDINGS, FAIRBANKS CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT SHE DID NOT HAVE WRITTEN AUTHORIZATION FROM HER CUSTOMERS TO EFFECT DISCRETIONARY TRADES IN THE CUSTOMERS' ACCOUNTS AND HER MEMBER FIRM HAD NOT APPROVED HER USE OF DISCRETION IN HER CUSTOMERS' ACCOUNTS. THE FINDINGS STATED THAT FAIRBANKS EFFECTED APPROXIMATELY 57-69 DISCRETIONARY TRANSACTIONS IN THE SECURITIES ACCOUNTS OF SEVEN FIRM CUSTOMERS. THE FINDINGS ALSO STATED THAT FAIRBANKS MISMARKED APPROXIMATELY 54-70 ORDER TICKETS IN THE SAME CUSTOMERS' ACCOUNTS AS UNSOLICITED ORDERS WHEN, IN FACT, THE TRADES WERE SOLICITED, CAUSING THE FIRM TO MAINTAIN INACCURATE BOOKS AND RECORDS.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$10,000.00
Sanctions
Suspension
Registration Capacities Affected
ANY CAPACITY
Duration
30 BUSINESS DAYS
Start Date
10/6/2014
End Date
11/14/2014
1/23/2014
Customer Dispute
Dismissed
Allegations
THE CUSTOMER ALLEGES UNAUTHORIZED TRADING, EXCESSIVE TRADING AND MISREPRESENTATION AND OMISSION OF MATERIAL FACTS FROM AUGUST 2006 TO AUGUST 2011.
Damage Amount Requested
$100,000.00
10/9/2012
Customer Dispute
Settled
Allegations
THE CUSTOMER ALLEGES UNSUITABLE INVESTMENT RECOMMENDATIONS, UNAUTHORIZED TRADING AND MISREPRESENTATION FROM APRIL 2010 TO SEPTEMBER 2010.
Damage Amount Requested
$140,000.00
Settlement Amount
$72,000.00
8/9/2012
Customer Dispute
Settled
Allegations
THE CUSTOMER ALLEGES UNAUTHORIZED TRADING AND UNSUITABLE INVESTMENT RECOMMENDATIONS FROM OCTOBER 2010 TO FEBRUARY 2011.
Settlement Amount
$11,050.00
2/21/2012
Employment Separation After Allegations
Firm Name
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
Termination Type
Discharged
Allegations
CONDUCT INCLUDING TAKING DISCRETION IN CLIENT ACCOUNTS AND MISMARKING ORDERS.
4/4/2011
Customer Dispute
Settled
Allegations
THE CUSTOMER ALLEGES UNAUTHORIZED TRADING, EXCESSIVE TRADING, UNSUITABLE INVESTMENT RECOMMENDATIONS AND MISREPRESENTATION.
Damage Amount Requested
$262,541.00
Settlement Amount
$104,000.00
8/20/2004
Customer Dispute
Denied
Allegations
CLIENT'S ATTORNEY ALLEGED UNSUITABLE INVESTMENTS -
FEBRUARY 2002 THROUGH JULY 2002.
Damage Amount Requested
$30,000.00
Broker Comment
CLAIM DENIED.
License(s)
The broker is not currently registered with any state or SRO.
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.
IA
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.
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.