Initiated By
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Allegations
The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Mario E. Rivero ("Rivero" or "Respondent"). The Commission finds that Rivero, age 39, was a registered representative and investment adviser representative of Wells Fargo Clearing Services, LLC from May 2010 until September 2020, and of LPL Financial, LLC from September 2020 to June 2021. Rivero held FINRA series 6, 7, 63 and 68 licenses before being barred by FINRA in June 2021. On February 2, 2023, Rivero pled guilty to violations of 18 U.S.C. § 1343, 18 U.S.C. § 2; 15 U.S.C. §§ 78j(b) & 78ff, and 17 C.F.R. § 240.10b-5 thereunder before the United States District Court for the District of New Jersey in United States v. Rivero, No. 22 Crim. 11085 (D.N.J.). Rivero has not yet been sentenced in that matter. On March 14, 2022, the Commission filed a complaint against Rivero in SEC v. Rivero, Civil Action No. 22-01360 (ZNQ-DEA), in the Federal District Court of the District of New Jersey. On March 6, 2023, the court entered an order permanently enjoining Rivero, by consent, from future violations of Sections 17(a)(1) and 17(a)(2) of the Securities Act of 1933; Section 10(b) of the Exchange Act and Rule 10b-5 thereunder; and Sections 206(1) and (2) of the Investment Advisers Act of 1940. The Commission's complaint alleged that between at least July 2018 and November 2020, Rivero convinced at least five of his clients and customers to transfer funds from their accounts to entities with which Rivero was associated. Rivero falsely told his victims that the purpose of these fund transfers was so that he could make various investments on their behalf. However, Rivero misappropriated approximately $680,000 from the entities that received the investor funds which he never disclosed to his clients and customers.
Resolution
Order
Bar
Bar (Permanent)
Registration Capacities Affected
association with a broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or NRSRO
Duration
Indefinite
Start Date
3/28/2023
Registration Capacities Affected
Participating in any offering of a penny stock
Duration
Indefinite
Start Date
3/28/2023