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CLIENT ALLEGES THAT THE PURCHASES OF VARIOUS ENERGY STOCKS IN THEIR ACCOUNTS WERE UNSUITABLE. AMOUNT CLAIMED UNSPECIFIED 2014-2016
8/3/2017
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments in accounts - 2009 to 2015.
Settlement Amount
$99,999.99
3/2/2017
Regulatory
Final
Initiated By
Florida Office of Financial Regulation
Allegations
Standards of Commercial Honor and Principles of Trade; Suitability; and Placing Traded in Client Accounts Without Authorization
Resolution
Order
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Start Date
5/4/2017
Sanctions
Cease and Desist
2/24/2017
Customer Dispute
Settled
Allegations
Claimant alleges, inter alia, that the FA made misrepresentations regarding unsuitable investments.
Settlement Amount
$55,000.00
2/9/2017
Customer Dispute
Settled
Allegations
Claimants allege, inter alia, that the FA made unsuitable investment recommendations.
Settlement Amount
$363,500.00
2/6/2017
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments - 2012 to 2015
Settlement Amount
$20,000.00
1/26/2017
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments - 2014 to 2015
Settlement Amount
$42,500.00
1/9/2017
Customer Dispute
Settled
Allegations
Claimants allege, inter alia, that the FA over-concentrated the client's portfolio with unsuitable investments.
Damage Amount Requested
$500,000.00
Settlement Amount
$75,000.00
12/27/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments - 2013 to 2014.
Settlement Amount
$45,000.00
11/29/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments in retirement account - 20013 to 2016.
Damage Amount Requested
$124,055.00
Settlement Amount
$55,000.00
10/26/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, unsuitability with respect to investments in trust account - 2007 to 2015.
Damage Amount Requested
$92,326.00
Settlement Amount
$45,000.00
9/22/2016
Customer Dispute
Settled
Allegations
CLIENT'S ATTORNEY ALLEGES UNSUITABLE RECOMMENDATIONS IN THE ENERGY SECTOR 2014 - SPETEMBER 2015.
Damage Amount Requested
$370,000.00
Settlement Amount
$67,500.00
8/19/2016
Customer Dispute
Settled
Allegations
Claimant alleged unsuitability, inter alia, with respect to investments in account- November 2013 to February 2015.
Damage Amount Requested
$43,098.00
Settlement Amount
$24,999.00
8/18/2016
Customer Dispute
Settled
Allegations
Claimant alleged unsuitability, inter alia, with respect to investments in managed account- 2011 to 2015.
Damage Amount Requested
$163,209.16
Settlement Amount
$18,073.00
8/8/2016
Customer Dispute
Settled
Allegations
Claimants allege, inter alia, that beginning in 2007 the FA made unsuitable recommendations and invested their resources in a manner that was not consistent with their investment objectives.
Damage Amount Requested
$100,000.00
Settlement Amount
$22,500.00
8/4/2016
Customer Dispute
Settled
Allegations
CLIENT'S ALLEGE, INTER ALIA, THAT THE PURCHASE OF AN ANNUITY WAS NOT IN THEIR BEST INTEREST. AUGUST 2013. DAMAGES UNSPECIFIED.
Settlement Amount
$10,000.00
8/1/2016
Customer Dispute
Settled
Allegations
Client verbally alleged, inter alia, unsuitability with respect to investments made in managed account - August 2013 to September 2015.
Settlement Amount
$17,000.00
7/29/2016
Customer Dispute
Settled
Allegations
CLIENT ALLEGES THAT INVESTMENTS PURCHASED FOR HIM WERE NOT SUITABLE. 2012-2013 DAMAGES UNSPECIFIED.
Settlement Amount
$2,000.00
7/18/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, their accounts were unsuitably over concentrated in oil and gas related securities - 2009 to 2015.
Damage Amount Requested
$2,600,000.00
Settlement Amount
$797,710.00
7/18/2016
Customer Dispute
Settled
Allegations
Claimant alleged, inter alia, his accounts were unsuitably over concentrated in oil and gas related securities - 2013 to 2015.
Damage Amount Requested
$1,700,000.00
Settlement Amount
$797,710.00
7/18/2016
Customer Dispute
Settled
Allegations
Claimant alleged, inter alia, his accounts were unsuitably over concentrated in oil and gas related securities - 2013 to 2015.
Damage Amount Requested
$1,700,000.00
Settlement Amount
$797,710.00
7/18/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, their accounts were unsuitably over concentrated in oil and gas related securities - 2009 to 2015.
Damage Amount Requested
$1,700,000.00
Settlement Amount
$797,710.00
7/6/2016
Customer Dispute
Settled
Allegations
Claimant alleges, inter alia, that from December 2013 to August 2015 the FA made unsuitable investments in the client's accounts.
Damage Amount Requested
$40,000.00
Settlement Amount
$14,999.99
6/21/2016
Customer Dispute
Settled
Allegations
CLIENTS ALLEGE UNSUITABILITY WITH RESPECT TO INVESTMENTS - 2013 - SEPTEMBER 2015.
Damage Amount Requested
$65,000.00
Settlement Amount
$35,000.00
5/24/2016
Regulatory
Final
Initiated By
FINRA
Allegations
Without admitting or denying the findings, Yocum consented to the sanction and to the entry of findings that he refused to appear for FINRA on-the-record testimony in connection with an investigation into whether he effected unauthorized transactions, exercised discretion without written authorization, and recommended unsuitable concentrated purchases of energy sector securities to senior investors.
Resolution
Acceptance, Waiver & Consent(AWC)
Bar
Bar (Permanent)
Registration Capacities Affected
All Capacities
Duration
Indefinite
Start Date
5/24/2016
5/17/2016
Customer Dispute
Settled
Allegations
Claimant allege, inter alia, that from 2012 to 2015 the FA made unsuitable investments in the client's accounts.
Damage Amount Requested
$141,000.00
Settlement Amount
$70,000.00
4/1/2016
Customer Dispute
Settled
Allegations
Claimants alleged, inter alia, that investments in account were unsuitable - 2010 to 2015.
Damage Amount Requested
$361,683.00
Settlement Amount
$110,000.00
2/23/2016
Customer Dispute
Settled
Allegations
Claimants allege, inter alia, that from March 2012 to September 2015 the FA made unsuitable investment recommendations.
Damage Amount Requested
$54,850.00
Settlement Amount
$35,975.00
2/18/2016
Customer Dispute
Settled
Allegations
Client verbally alleged, inter alia, unsuitability with respect to investments in account - June 2014 to November 2015
Settlement Amount
$30,000.00
2/9/2016
Customer Dispute
Settled
Allegations
CLIENTS ALLEGE THE LOSSES IN THEIR ACCOUNTS WERE DUE TO THE FA'S DETRIMENTAL ACTIONS. AUGUST 2014 - SEPTEMBER 2015. DAMAGES UNSPECIFIED.
Settlement Amount
$12,000.00
2/1/2016
Customer Dispute
Settled
Allegations
Claimant alleged, inter alia, unsuitability with respect to investments in accounts- December 2011 to October 2015.
Damage Amount Requested
$200,000.00
Settlement Amount
$70,000.00
2/1/2016
Customer Dispute
Settled
Allegations
CLIENTS' ATTORNEY ALLEGES UNSUITABILITY WITH RESPECT TO INVESTMENTS - DECEMBER 2013 - OCTOBER 2015.
Damage Amount Requested
$46,300.00
Settlement Amount
$22,000.00
11/23/2015
Customer Dispute
Settled
Allegations
Client's daughter alleges unsuitability with respect to investments - June 2012 - September 2015. Damages unspecified.
Settlement Amount
$70,000.00
Broker Comment
My previous client and clients daughter (POA) were looking for an extremely high amount of monthly income to pay for the client's monthly living expenses. We discussed various types of investments and strategies,with the clients ultimately electing to invest into high yielding securities to provide the almost unreasonable amount of income that was being requested. The clients knew the risk and were willing to take to achieve this incredibly high amount of income. All of the investments were highly touted by Morgan Stanley. The accounts did well until recently high-yielding investments came under pressure in the volatile market, but despite this the account still continued to generate the income they were requesting.
10/8/2015
Customer Dispute
Settled
Allegations
Client complained about losses he incurred in his fixed income energy holdings and he alleges that the FA recommended transactions solely to generate commissions.
Settlement Amount
$20,000.00
10/1/2015
Employment Separation After Allegations
Firm Name
MORGAN STANLEY
Termination Type
Discharged
Allegations
Allegations concerning acting on verbal discretion.
Broker Comment
The circumstances related to the decision were not discussed with or explained to me to any significant degree. As general practice I have always called my clients to receive trade authorization. The majority of my accounts were fee based so I would have no incentive to conduct unauthorized trades for the purpose of generating commissions. I did not seek to exercise verbal discretion in any of my accounts, nor do I have any recollection of exercising verbal discretion in any account.
6/23/2015
Customer Dispute
Settled
Allegations
Claimant alleged, inter alia, unsuitability with respect to recommendations and investments made in the accounts - 2011 to 2014.
Damage Amount Requested
$98,500.00
Settlement Amount
$30,000.00
Broker Comment
Client's account actually made profits during this time in question and client was looking for a high amount of income. All investments were discussed with the clients and a portion of the investments were actually picked by the client. Client was aware of the risks of chasing yield and all investments were highly touted by Morgan Stanley. Client is electing to cherry-pick positions that have losses, when in fact the client's account made over $30,000 during this time frame. Furthermore, the amount of damage the client is requesting is far greater than any of the individual losses sustained by the client and is grossly exaggerated. Morgan Stanley also believes the allegations lack merit. After reviewing the Statement of Claim, Morgan Stanley elected to defend against the allegations and the matter is pending. I am represented in the arbitration by the same in-house counsel who is representing Morgan Stanley
5/19/2015
Customer Dispute
Settled
Allegations
CLIENTS ALLEGE THAT ENERGY STOCKS PURCHASED IN THEIR MANAGED IRA ACCOUNTS WERE UNSUITABLE. 2012-2015 DAMAGES UNSPECIFIED
Settlement Amount
$33,698.00
Broker Comment
Clients accounts did well for the majority of the time in question, despite the fact that over 20% of their account was tied up in illiquid Structured Products CD sold by their previous advisor that returned nothing for 2 years since I took over the accounts. We elected to invest the proceeds in the energy sector which was highly touted by Morgan Stanley and had been performing well previously until energy dropped precipitously in the worst collapse in modern history, with which no one could have foreseen.
It is my understanding that the amount paid by Morgan Stanley was essentially equal to the costs, FINRA fees and attorney's fees that would be incurred in the event an arbitration claim was filed and appears to be a business-based decision rather than a decision based on the merits of the claim. I did not agree with the decision to settle the matter and was not requested by Morgan Stanley to contribute to the settlement.
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.