Initiated By
FINRA
Allegations
FINRA RULES 2010, 8210, NASD RULES 2110, 2310, 3040, INTERPRETATIVE MATERIAL 2310-2: BAUDO, AS THE BROKER OF RECORD ON THE ACCOUNT OF TWO CUSTOMERS, A MARRIED COUPLE, AT HIS MEMBER FIRM, RECOMMENDED THAT THE CUSTOMERS INVEST APPROXIMATELY $167,000-ALL OF THE FUNDS IN THEIR ACCOUNT-IN A START-UP COMPANY THAT SOUGHT TO OPERATE AN INDEPENDENT BRANCH OF ANOTHER BROKER-DEALER. THE RECOMMENDED SECURITY WAS SUPPOSED TO PAY ANNUAL INTEREST OF 7% ON A QUARTERLY BASIS OVER A FIXED TERM. BAUDO RECOMMENDED THAT THE CUSTOMERS INVEST IN THE COMPANY AFTER HE GATHERED INFORMATION ABOUT THE COMPANY AND INVESTMENT FROM A FORMER BUSINESS COLLEAGUE, WHO WAS THE FOUNDER AND SOLE PRINCIPAL OF THE COMPANY. BASED ON BAUDO'S RECOMMENDATION, THE CUSTOMERS LIQUIDATED THE SECURITIES IN THEIR ACCOUNT AND INVESTED THE PROCEEDS, WHICH WERE APPROXIMATELY $167,000, IN THE COMPANY. PRIOR TO PARTICIPATING IN THE PRIVATE SECURITIES TRANSACTION, BAUDO DID NOT NOTIFY HIS FIRM OF HIS PROPOSED ROLE IN THE TRANSACTION. IN ADDITION, BAUDO DID NOT HAVE REASONABLE GROUNDS TO BELIEVE THAT THE RECOMMENDED INVESTMENT IN THE COMPANY WAS SUITABLE FOR THE CUSTOMERS IN LIGHT OF THEIR INVESTMENT OBJECTIVES, FINANCIAL SITUATION AND NEEDS. THE RECOMMENDED INVESTMENT WAS TOO RISKY FOR THE CUSTOMERS, A RETIRED COUPLE OF LIMITED MEANS. FURTHER, THE RECOMMENDATION LED TO MOST OF THEIR INVESTABLE ASSETS BEING OVERCONCENTRATED IN THE SECURITY. PRIOR TO ITS DISSOLUTION IN 2010, THE COMPANY MADE INTEREST AND PRINCIPAL PAYMENTS TOTALING APPROXIMATELY $26,000 TO THE CUSTOMERS, WHO HAVE LOST APPROXIMATELY $141,000 ON THEIR INVESTMENT IN THE COMPANY. LASTLY, BAUDO FAILED TO RESPOND COMPLETELY TO FINRA REQUESTS FOR INFORMATION AND DOCUMENTS.
Resolution
Acceptance, Waiver & Consent(AWC)
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Duration
Indefinite
Start Date
5/16/2011
Regulator Statement
WITHOUT ADMITTING OR DENYING THE FINDINGS, BAUDO CONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OF FINDINGS; THEREFORE HE IS BARRED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY.