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FINRA has suspended this individual from acting as a broker. Please see the detailed report for more information
FINRA has barred this individual from acting as a broker or otherwise associating with a broker-dealer firm.
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Claimant, as Executrix of her deceased mother's estate, alleges that respondent mismanaged her mother's account through unsuitable and excessive trading.
Damage Amount Requested
$300,000.00
Settlement Amount
$85,000.00
6/7/2016
Customer Dispute
Pending
Allegations
THE ARBITRATION DOCUMENTS ALLEGE BREACH OF FIDUCIARY DUTY, VIOLATION OF THE FEDERAL SECURITIES LAWS, CONTROL PERSON LIABILITY UNDER SECTION 20 OF THE SECURITIES & EXCHANGE ACT OF 1034; VIOLATION OF THE CALIFORNIA CORPORATION SECURITIES LAWS; VIOLATION OF THE FINRA RULES 1020, 2120, 2111 AND 3110; NEGLIGENCE AND NEGLIGENT SUPERVISION
Damage Amount Requested
$130,000.00
5/25/2016
Customer Dispute
Settled
Allegations
DURING THE TIME PERIOD OF 2009 TO 2015, FOUR CLIENTS WHO COLLECTIVELY FILED ARBITRATION NAMING THEIR REGISTERED REPRESENTATIVE AND OFFICERS OF THE FIRM, MADE ALLEGATIONS OF NEGLIGENCE, BREACH OF FIDUCIARY DUTY, EXCESSIVE TRADING, VIOLATION OF SECURITIES LAWS, BREACH OF CONTRACT, COMMON LAW FRAUD & CONSTRUCTIVE FRAUD, FAILURE TO SUPERVISE AND SECOND LIABILITY AND RESPONDENT SUPERIOR.
Damage Amount Requested
$750,000.00
Settlement Amount
$190,000.00
2/25/2016
Regulatory
Final
Initiated By
FINRA
Allegations
Without admitting or denying the findings, Mirhashemi consented to the sanction and to the entry of findings that he placed trades in the accounts of customers for which he rarely obtained the requisite authorization from the customer prior to executing the trade. The findings stated that Mirhashemi also willfully violated Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated thereunder, and FINRA Rule 2020 by churning the accounts of customers by engaging in excessive and unsuitable trading for the purpose of generating commissions. Mirhashemi consistently spread mutual fund purchases across multiple fund families, and in so doing, failed to obtain breakpoint discounts for customers. These short-term mutual fund trades were both excessive and unsuitable and cost the customers over $150,000 in overall commissions. Mirhashemi also unsuitably churned customers' accounts costing the customers over $665,000 in overall commissions by conducting short-term equity trades in the accounts. The findings also stated that Mirhashemi willfully filed untimely and materially false and misleading Forms U4 and willfully failed to file Forms U4 to disclose his liens, compromises with creditors and an outside business activity. The findings also included that Mirhashemi distributed inaccurate, unbalanced and materially misleading communications to customers.
Resolution
Acceptance, Waiver & Consent(AWC)
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Duration
Indefinite
Start Date
2/25/2016
Sanctions
Mirhashemi understands that this settlement includes a finding that he willfully violated Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 and that under Article III, Section 4 of FINRA's By-Laws, this makes him subject to a statutory disqualification with respect to association with a member.
Mirhashemi also understands that this settlement includes a finding that he willfully omitted to state material facts and willfully misrepresented material facts on Form U4, and that under Section 3(a)(39)(F) of the Securities Exchange Act of 1934 and Article III, Section 4 of FINRA's By-Laws, these omissions/misrepresentations make him subject to a statutory disqualification with respect to association with a member.
2/4/2016
Regulatory
Final
Initiated By
FINRA
Allegations
Respondent Mirhashemi failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.
Resolution
Letter
Sanctions
Suspension
Registration Capacities Affected
any capacity
Duration
N/A
Start Date
2/4/2016
Regulator Statement
Pursuant to Article VI, Section 3 of FINRA By-Laws, and FINRA Rule 9554, Respondent Mirhashemi is suspended on February 4, 2016 for failure to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.
1/15/2016
Regulatory
Pending
Initiated By
FINRA
Allegations
This regulatory DRP was filed in error.
1/8/2016
Employment Separation After Allegations
Firm Name
ACCELERATED CAPITAL GROUP, INC.
Termination Type
Discharged
Allegations
DECEMBER 29, 2015 THE FIRM RECEIVED A WELLS NOTICES FROM FINRA ENFORCEMENT REGARDING MR. MIRHASHEMI, FOR VIOLATIONS OF FINRA RULES BY EXECUTING TRADES WITHOUT PRIOR AUTHORIZATION FROM THE CUSTOMERS, RECOMMENDING UNSUITABLE MUTUAL FUND TRADES AND EXCESSIVELY TRADING MUTUAL FUNDS, MAKING UNSUITABLE AND UNAUTHORIZED "SWING" TRADES AND EXCESSIVELY TRADING EQUITES, VIOLATION OF FINRA RULES 2111 AND 2010; CHURNING THE ACCOUNTS OF CUSTOMERS, OF WHOM WHERE SENIOR CITIZENS AND/OR WIDOWED, BY ENGAGING IN EXCESSIVE, IN EXCESSIVE, UNSUITABLE AND UNAUTHORIZED TRADING IN ACCOUNT WITH THE INTENTION OF GENERATING COMMISSIONS WITHOUT REGARD TO THE BEST INTERESTS OF THE CUSTOMER IN WILLFUL VIOLATION OF SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND EXCHANGE ACT RULE 10B-5 THEREUNDER, AND FINRA RULES 2020, 2111, 2010; USING UNAPPROVED ELECTRONIC COMMUNICATION FOR BUSINESS-RELATED MATTERS IN VIOLATION OF FINRA RULE 2010; UNTIMELY, FAILING AND FILING FALSE AND MISLEADING FORM U4 REGARDING IRS AND CALIFORNIA FRANCHISE TAX BOARD TAX LIENS, COMPROMISES WITH CREDITORS AND OUTSIDE BUSINESS ACTIVITIES IN WILLFUL VIOLATION OF ARTICLE V, SECTION 2(C) OF FINRA BY-LAWS AND RULES 1122 AND 2010; ENGAGING IN OUTSIDE BUSINESS ACTIVITIES WITHOUT PRIOR NOTICE TO FIRM, VIOLATION OF FINRA RULES 3270 & 2010
1/7/2016
Customer Dispute
Withdrawn
Allegations
UNAUTHORIZED TRADING
12/31/2015
Customer Dispute
Settled
Allegations
EXCESSIVE TRADING/QUANTITATIVE SUITABILITY, MISREPRESENTATION AND OMISSION OF MATERIAL FACT, ELDER FINANCIAL ABUSE, AND BREACH OF FIDUCIARY DUTY.
Damage Amount Requested
$160,000.00
Settlement Amount
$165,000.00
12/2/2015
Customer Dispute
Withdrawn
Allegations
EXCESSIVE TRADING AND UNAUTHORIZED TRADING
7/27/2015
Customer Dispute
Closed-No Action
Allegations
EXCESSIVE TRADING AND UNAUTHORIZED TRADES
Damage Amount Requested
$68,000.00
12/24/2014
Judgment / Lien
Judgment/Lien Amount
$21,375.86
Judgment/Lien Type
Tax
Broker Comment
Taxable year 2013
11/17/2014
Judgment / Lien
Judgment/Lien Amount
$24,691.84
Judgment/Lien Type
Tax
Broker Comment
Taxable year 2012
11/13/2013
Judgment / Lien
Judgment/Lien Amount
$59,674.36
Judgment/Lien Type
Tax
Broker Comment
FOR 2010 & 2011 TAX YEARS
4/17/2013
Customer Dispute
Settled
Allegations
THE CLIENT ALLEGED POOR PERFORMANCE DUE TO THE ACTIVITIES OF THE SUBJECT ADVISOR BETWEEN JANUARY 2011 AND JULY 2012.
Settlement Amount
$135,495.27
8/27/2012
Employment Separation After Allegations
Firm Name
AMERIPRISE FINANCIAL SERVICES, INC.
Termination Type
Discharged
Allegations
ADVISOR TERMINATED FOR COMPANY POLICY VIOLATIONS RELATED TO SUITABILITY OF FIXED INCOME STRATEGIES, U4 UPDATES AND DISCRETION.
Broker Comment
ADVIORS DENIES THAT HE MADE UNSUITABLE RECOMMENDATIONS. ADVISOR CONTACTED CLIENTS BEFORE EACH TRADE WAS PLACED. ADVISOR MADE ARRANGEMENTS TO MAKE PAYMENTS FOR A TAX LIEN AND WAS UNWARE THAT IT NEEDED TO BE DISCLOSED.
4/20/2011
Judgment / Lien
Judgment/Lien Amount
$60,140.00
Judgment/Lien Type
Tax
Broker Comment
I HAVE MADE ARRANGEMENTS TO MAKE MONTHLY PAYMENTS
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.