NASD N/K/A FINRA

NASD RULES 2110, 2510(B) - RESPONDENT, PURSUANT TO VERBAL AUTHORITY, EXERCISED DISCRETION IN THE SECURITIES ACCOUNT OF A PUBLIC CUSTOMER WITHOUT WRITTEN AUTHORIZATION FROM THE CUSTOMER AND WITHOUT WRITTEN ACCEPTANCE OF THE ACCOUNT AS A DISCRETIONARY ACCOUNT BY HIS MEMBER FIRM. RESPONDENT KNOWINGLY AND INTENTIONALLY PURCHASED CERTIFICATES OF DEPOSITS (CDS) IN THE CUSTOMER'S ACCOUNT WITH THE INTENT OF SOLICITING OTHER CUSTOMERS TO PURCHASE THE SAME CD'S. RESPONDENT PARKED THE CD'S IN THE CUSTOMER'S ACCOUNT UNTIL HE COULD RESELL THEM TO OTHER CUSTOMERS. INSTEAD OF RESELLING THE CDS IN THE CUSTOMER'S ACCOUNT, HE REQUESTED THAT THE ORIGINAL PURCHASES BE CORRECTED BY REASSIGNING THEM TO ANOTHER CUSTOMER TO WHO, HE HAD SOLD THE RESPECTIVE CD. IN REQUESTING THAT THE TRANSACTIONS BE ASSIGNED TO ANOTHER CUSTOMER ACCOUNT, RESPONDENT MISREPRESENTED TO HIS MEMBER FIRM THAT THE ORIGINAL PURCHASE WAS PUT IN THE CUSTOMER'S ACCOUNT.

Decision

Censure

Civil and Administrative Penalty(ies)/Fine(s)

Monetary Penalty other than Fines

HEARING PANEL DECISION RENDERED SEPTEMBER 8, 2006 WHEREIN HARDIN IS CENSURED, FINED $10,000 AND ASSESSED COSTS OF $967.25. 10/19/2006; PURSUANT TO NASD RULE 9312, THE NATIONAL ADJUDICATORY COUNCIL (NAC) HAS CALLED THIS CASE FOR REVIEW. NAC DECISION RENDERED JULY 27, 2007, WHEREIN HEARING PANEL'S FINDINGS AND SANCTIONS ARE AFFIRMED. HARDIN EXERCISED DISCRETION IN A CUSTOMER ACCOUNT WITHOUT PRIOR WRITTEN AUTHORIZATION AND PARKED CDS IN THAT ACCOUNT AND MISREPRESENTED TO HIS MEMBER FIRM THE REASONS FOR PURCHASING SUCH CDS. ACCORDINGLY, HARDIN IS CENSURED AND FINED $10,000, AND ORDERED TO PAY $967.25 IN COSTS. DECISION BECAME FINAL AUGUST 29, 2007. FINE PAID 12/24/2008.

HEARING PANEL DECISION RENDERED SEPTEMBER 8, 2006 WHEREIN HARDIN IS CENSURED, FINED $10,000 AND ASSESSED COSTS OF $967.25. IF NO FURTHER ACTION, DECISION IS FINAL OCTOBER 26, 2006. 10/19/2006: PURSUANT TO NASD RULE 9312, THE NATIONAL ADJUDICATORY COUNCIL (NAC) HAD CALLED THIS CASE FOR REVIEW. **NAC DECISION RENDERED JULY 27, 2007, WHEREIN HEARING PANEL'S FINDINGS AND SANCTIONS ARE AFFIRMED. HARDING EXERCISED DISCRETION IN A CUSTOMER ACCOUNT WITHOUT PRIOR WRITTEN AUTHORIZATION AND PARKED CDS IN THAT ACCOUNT AND MISREPRESENTED TO HIS MEMBER FIRM THE REASONS FOR PURCHASING SUCH CDS. ACCORDINGLY, HARDING IS CENSURED AND FINED $10,000, AND ORDERED TO PAY $967.25 IN COSTS. DECISION BECAME FINAL AUGUST 29, 2007. I AM 26 YEARS OLD AND STARTED IN THE BUSINESS IN MAY 2002. THE ABOVE INCIDENT OCCURRED NOT LONG AFTER I STARTED. I WAS EMPLOYED IN A SMALL OFFICE WITH NO ON-SITE SUPERVISION. I HAD A FEW CUSTOMERS THAT WERE INTERESTED IN CDS BUT I DID NOT HAVE DISCRETIONARY AUTHORITY TO PURCHASE THE CDS. CD'S APPEAR ON THE MARKET WITHOUT NOTICE AND ARE SOLD VERY QUICKLY. MY MEMBER FIRM HAD NO MEANS TO ALLOW THE PURCHASE OF A CD AND HOLD IT UNTIL THE CUSTOMER COULD BE CONTACTED. HOWEVER, I DID HAVE A CUSTOMER WHO INFORMED MED THAT I COULD USE HIS ACCOUNT TO HOLD THE CDS UNTIL I COULD CONTACT THE SPECIFIC CUSTOMER WHO WAS INTERESTED. I DID THIS AND MY INTENT WAS ALWAYS TO ASSIST THE CUSTOMER. FURTHER, DURING A ROUTINE COMPLIANCE AUDIT, I REPORTED THESE MATTERS TO MY FIRM. I NEVER HAD ANY INTENT TO DECEIVE ANYONE. RESPECTFULLY, ANDREW J. HARDIN

EDWARD JONES

Discharged

ENTERING ORDERS IN ONE ACCOUNT WITH INTENT TO REBILL TRADES TO OTHER CUSTOMER ACCOUNTS AND GAVE VARIOUS REASONS FOR CANCEL AND REBILLS.