Initiated By
FINRA
Allegations
NASD RULES 2110, 2510(B): BISSETT USED DISCRETION IN A CUSTOMER'S ACCOUNT TO PURCHASE AND SELL MUTUAL FUND POSITIONS, WITHOUT WRITTEN AUTHORIZATION FROM THE CUSTOMER OR ACCEPTANCE OF THE CUSTOMER'S ACCOUNT AS DISCRETIONARY BY HIS MEMBER FIRM. THE CUSTOMER MAINTAINED AN ACCOUNT WITH THE FIRM THAT WAS SERVICED BY BISSETT AND THE CUSTOMER'S ACCOUNT WAS NOT ACCEPTED BY THE FIRM AS A DISCRETIONARY ACCOUNT, NOR DOES THE FIRM ALLOW THE USE OF DISCRETION IN CUSTOMER ACCOUNTS. BISSETT EXERCISED DISCRETION IN THE CUSTOMER'S ACCOUNT WHEN HE BOUGHT 2319.16 SHARES OF A MUTUAL FUND FOR THE CUSTOMER'S ACCOUNT, FOR A TOTAL INVESTMENT OF $ 42,005, AND ALSO USED DISCRETION WHEN HE SOLD 1,960.60 CLASS A SHARES OF AN ANOTHER MUTUAL FUND AND PURCHASED 1,858.74 CLASS A SHARES OF ANOTHER MUTUAL FUND FOR THE CUSTOMER'S ACCOUNT.
Resolution
Decision & Order of Offer of Settlement
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount
$2,500.00
Sanctions
Suspension
Registration Capacities Affected
ANY CAPACITY
Duration
FIVE BUSINESS DAYS
Start Date
7/5/2011
End Date
7/11/2011
Regulator Statement
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, BISSETT CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS FINED $2,500 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR FIVE BUSINESS DAYS. THE SUSPENSION IS IN EFFECT FROM JULY 5, 2011 THROUGH JULY 11, 2011.
Broker Comment
DURING THE MARKET CRASH OF 2008-2009 A CLIENT GAVE ME ORDERS TO BUY. AS A BROKER A CLIENT CAN GIVE ME DISCRETION AS TO TIME AND PRICE. PAPERWORK WAS DONE BUT IN A DECLINING MARKET I WAITED SEVERAL WEEKS TO INITIATE THE ORDERS. ALTHOUGH I WAS ABLE TO SAVE THE CLIENT MONEY ON THE TRADES, ORAL DISCRETION AS TO PRICE AND TIME IS GOOD FOR THE DAY ONLY. IN THE MARKET CLIMATE WITH PORTFOLIOS DECLINING, MY CLIENT EVIDENTLY TOOK ADVANTAGE OF THE SITUATION TO RECOVER SOME OF HER LOSSES. I FOUGHT THIS FOR SEVERAL YEARS BUT A RULE IS A RULE AND I OVERLOOKED THE ORAL DISCRETION JUST LASTING FOR THE DAY IT WAS GIVEN.