Initiated By
FINRA
Allegations
Without admitting or denying the findings, Horowitz consented to the sanctions and to the entry of findings that he recommended and engaged in unsuitable trading in preferred notes of an unregistered limited partnership investment fund. The findings stated that specifically, his recommendations lacked a reasonable basis because he failed to adequately investigate red flags that the fund was not a viable investment. The findings also stated that shortly after Horowitz's association with his member firm, he began sending emails to firm personnel requesting a quick approval process for the preferred notes. Horowitz told the firm that it was urgent that there be a "quick approval process" so that he could begin selling the preferred notes because there may only be a short period in which they could be sold. The offering documents for the preferred notes did not, however, specify a deadline by which conversion requests had to be completed, although they did set a cap on the amount of money that could be converted to preferred notes. In addition, Horowitz attempted to persuade his customers to not participate in this conversion directly with the issuer even though they could have done so without his firm's and Horowitz's participation. Horowitz's previous broker-dealer decided not to allow its representatives to sell the preferred notes to that firm's customers due to concerns about the fund's ability to generate income for investors. Horowitz became aware of this decision soon after, while he was associated with his current firm. However, Horowitz's current firm advised him that it was awaiting an independent third-party due diligence report before approving the preferred notes for sale by the firm. Horowitz then requested that he nonetheless be permitted to sell the preferred notes to his existing customers, notwithstanding that the firm had not received the third-party report. The following day, the firm agreed to allow Horowitz to offer the preferred notes for sale to existing investors in the fund. Thereafter, Horowitz recommended the conversion of his customers' interests to the preferred notes although the firm had not obtained the third-party due diligence report and Horowitz had done nothing more than review the preferred notes offering documents and other written and oral representations made by the fund. Horowitz was also aware of red flags that cast doubt on the veracity of the issuer's representations. Within four months, Horowitz's branch office of the firm converted just over $8 million of existing interests to the preferred notes, which required additional capital contributions from the representative's and the firm's customers of just over $2.5 million. Horowitz was responsible for all but $137,500 of these conversions, and he was paid more than $200,000 in net commissions from the conversion process. Thereafter, the fund began making late payments to preferred note holders, and stopped making payments altogether eventually. The findings also included that despite Horowitz's recommendation that his customers contribute additional capital to the fund by converting their interests to the preferred notes, Horowitz was aware of substantial red flags about the continuing viability of the fund. Horowitz did not apprise his firm of any of the red flags. Moreover, despite Horowitz's increasing knowledge of severe problems the fund had experienced and was experiencing, Horowitz continued to recommend that his customers convert their interests to the preferred notes. Indeed, Horowitz's staff processed some conversions (for a total of $133,810) on behalf of his customers even after he had learned that distributions on existing interests had been reduced to zero.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$100,000.00
Sanctions
Suspension
Registration Capacities Affected
any capacity
Duration
one year
Start Date
3/7/2016
End Date
3/6/2017