Client sent in checks for deposit. The checks were not received. RR altered checks and converted them for personal use outside ofemployment with firm on or about time that he was no longer employed with the firm. The firm cooperated with law enforcement and FINRA regarding the RR. Client sent in a written request for reimbursement which was denied.

$103,950.00

FINRA

Baird was named a respondent in a FINRA complaint alleging that he failed to provide information and documents and failed to appear for on-the-record testimony requested by FINRA as a part of two separate investigations into his conduct. The complaint alleges that FINRA's investigations were concerning discovery in FINRA arbitrations and, separately, whether Baird altered a customer check and attempted to convert customer funds. Baird's failure to provide the requested documents and information impeded FINRA's investigations and his testimony was material to FINRA's investigation concerning whether he altered a customer check and attempted to convert customer funds.

Decision

Bar (Permanent)

All Capacities

Indefinite

2/26/2024

Default decision rendered January 30, 2024, wherein Baird is barred from association with any FINRA member in all capacities. The sanction was based on findings that Baird failed to respond to FINRA requests for information and documents in connection with two investigations. The findings stated that the first investigation focused on whether Baird failed to comply with his discovery obligations in a FINRA arbitration in which he was named as a respondent. In that arbitration, the adjudicators levied a fine against him for failing to comply with a discovery order. FINRA opened the second investigation to examine allegations against Baird in a Form U5 Amendment filed by his former member firm, which disclosed a customer complaint it received. The Form U5 Amendment stated that two of Baird's customers (a married couple) "wrote a check for $50,000 . . . for deposit" into their account serviced by Baird, and the bank's fraud department had contacted them with concerns that the check which was presented for payment may have been altered and was made payable to Damian Baird. In connection with the second investigation, FINRA requested that Baird provide documents and information relating to, among other things, account statements for his bank and brokerage accounts, and any alterations he may have made to a check made by the complaining customers. The findings also stated that Baird failed to respond to requests to appear and provide testimony in connection with the second investigation. The decision is final on February 26, 2024.

Time frame: 2013 to 2018 Allegations: Claimant, through counsel, alleges unsuitability regarding the recommendation of a line of credit for private real estate deals. Claimant further alleges misrepresentation and fraud with respect to handling of Claimant's investment accounts.

$350,000.00

FINRA

Respondent Baird 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.

Letter

Suspension

All Capacities

Indefinite

Continues until required payment is made or discharged.

3/20/2023

Pursuant to Article VI, Section 3 of FINRA By-Laws, and FINRA Rule 9554, Respondent Baird is suspended on March 20, 2023 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.

[REDACTED] were contacted by their new advisor. Account [REDACTED] was opened and never funded. Account [REDACTED] was another account in which clients wrote a check for $50,000 on February 3, 2023 for deposit. The bank's fraud department contacted the clients with concerns that the check which was presented for payment on February 24, 2023 may have been altered and was made payable to Damian Baird.

$50,000.00

Erie County, NY and Tonawanda, NY Police Department.

Clients contacted law enforcement concerning the customer complaint described in Section 7E, particularly that the check deposited by the clients in the amount of $50,000 may have been altered and was made payable to Damian Baird. Case # 23-309707 is being handled by Officer Okun of Tonawanda Police Department. The matter was referred to Assistant DA Brian Disaro of Erie County, NY.

$23,815.89

Tax

FLORIDA OFFICE OF FINANCIAL REGULATION

MAKING A MATERIAL FALSE STATEMENT ON THE APPLICATION FOR REGISTRATION

Order

Denial

ON APRIL 24, 2015, THE OFFICE OF FINANCIAL REGULATION ENTERED A FINAL ORDER ADOPTING THE STIPULATION AND CONSENT AGREEMENT IN THE MATTER OF DAMIAN MARK BAIRD. MR. BAIRD NEITHER ADMITTED NOR DENIED THE FINDINGS BUT CONSENTED TO THE ENTRY OF FINDINGS BY THE OFFICE. THE OFFICE FOUND THAT MR. BAIRD'S ANSWER TO QUESTION 14A(1)(B) ON FORM U-4 WAS AN OMISSION OF PART OF HIS LAW ENFORCEMENT RECORD THAT WAS REQUIRED TO BE DISCLOSED ON THE APPLICATION FOR BD AGENT REGISTRATION. PURSUANT TO THE ORDER, MR. BAIRD'S APPLICATION FOR REGISTRATION AS AN ASSOCIATED PERSON OF UBS FINANCIAL SERVICES INC. WAS DENIED WITHOUT PREJUDICE AND MR. BAIRD IS ENTITLED TO SUBMIT A NEW APPLICATION FOR REGISTREATION.

CUSTOMER CLAIMS HE WANTED A LARGE BLOCK OF HIS FUNDS INVESTED MOST CONSERVATIVELY, BASICALLY AS CLOSE TO A CASH-EQUIVALENT AS POSSIBLE. CLAIMS RR'S RECOMMENDATION TO INVEST IN RMUNX DID NOT MEET THIS CRITERIA. ALLEGED COMPENSATORY DAMAGES UNSPECIFIED.

DRIVING WHILE INTOXICATED IN VIOLATION OF SECTION 1192.2,1193-1CI OF THE VEHICLE AND TRAFFIC LAW.

Dismissed

DRIVING WHILE INTOXICATED IN VIOLATION OF SECTION 1192-3, 1193-1 OF THE VEHICLE AND TRAFFIC LAW.

Reduced

DRIVING WHILE INTOXICATED, VTL.1192-3, "U" MISDEMEANOR

MISDEMEANOR

Pled guilty

CLAIMANTS ALLEGE THAT THE INVESTMENT RECOMMENDED WAS UNSUITABLE.

$150,000.00

$42,000.00

CLIENT ALLEGES UNSUITABLE TRANSACTION, MISREPRESENTING OR OMMITING MATERIAL FACTS AND ENGAGING IN DECEPTIVE ACTS AND PRACTICES.

$55,547.06

$49,963.06

CLIENT ALLEGED REGISTERED REPRESENTATIVE FAILED TO DISCLOSE RELEVANT INFORMATION.

$53,026.00