FINRA Suspends Stockbroker For Reimbursing Customer Options Losses
June 11, 2018
On May 16, 2017, FINRA accepted a Letter of Acceptance, Waiver and Consent in which Spolar consented to the entry of findings by FINRA that, between February 28, 2013, and April 13, 2015, he improperly exercised discretionary trading authority in customer accounts in violation of NASD Rule 2510(b) and FINRA Rule 2010, and to the imposition of sanctions consisting of a one-month suspension from association with any FINRA member fum in any capacity. A monetary sanction was not imposed due to a bankruptcy. FINRA AWC No. 2016050379401.
SIDE BAR: Read the FULL TEXT 2017 Spolar AWC http://www.finra.org/sites/default/files/fda_documents/2016050379401_FDA_SL678111.pdf
SIDE BAR: FINRA Rule 2150: Improper Use of Customers' Securities or Funds; Prohibition Against Guarantees and Sharing in Accounts
(a) Improper Use
No member or person associated with a member shall make improper use of a customer's securities or funds.
(b) Prohibition Against Guarantees
No member or person associated with a member shall guarantee a customer against loss in connection with any securities transaction or in any securities account of such customer.
(c) Sharing in Accounts; Extent Permissible
(1)(A) Except as provided in paragraph (c)(2), no member or person associated with a member shall share directly or indirectly in the profits or losses in any account of a customer carried by the member or any other member; provided, however, that a member or person associated with a member may share in the profits or losses in such an account if:
(i) such person associated with a member obtains prior written authorization from the member employing the associated person;
(ii) such member or person associated with a member obtains prior written authorization from the customer; and
(iii) such member or person associated with a member shares in the profits or losses in any account of such customer only in direct proportion to the financial contributions made to such account by either the member or person associated with a member.
(B) Exempt from the direct proportionate share limitation of paragraph (c)(1)(A)(iii) are accounts of the immediate family of such member or person associated with a member. For purposes of this Rule, the term "immediate family" shall include parents, mother-in-law or father-in-law, husband or wife, children or any relative to whose support the member or person associated with a member otherwise contributes directly or indirectly.
(2) Notwithstanding the prohibition of paragraph (c)(1), a member or person associated with a member that is acting as an investment adviser may receive compensation based on a share in profits or gains in an account if:
(A) such person associated with a member seeking such compensation obtains prior written authorization from the member employing the associated person;
(B) such member or person associated with a member seeking such compensation obtains prior written authorization from the customer; and
(C) all of the conditions in Rule 205-3 of the Investment Advisers Act (as the same may be amended from time to time) are satisfied.
*** Supplementary Material ***
.01 Inapplicability of Rule to Certain Guarantees. For purposes of paragraph (b) of this Rule, a "guarantee" that is extended to all holders of a particular security by an issuer as part of that security generally would not be subject to the prohibition against guarantees.
.02 Permissible Reimbursement by Member of Certain Losses. Nothing in this Rule shall preclude a member, but not an associated person of the member, from determining on an after-the-fact basis, to reimburse a customer for transaction losses; provided, however, that the member shall comply with all reporting requirements that may be applicable to such payment. For example, if the payment can reasonably be construed as a settlement, the member shall report the payment as a settlement under the applicable reporting requirement(s). In addition, nothing in this Rule shall preclude a member, but not an associated person of the member, from correcting a bona fide error. This Supplementary Material .02 does not apply to an associated person of a member because of the concern that any such payment may conceal individual misconduct.
.03 Record Retention. For purposes of paragraph (c) of this Rule, members shall preserve the required written authorization(s) for at least six years after the date the account is closed.
.04 Applicability of Other Rules to Sharing Arrangements. Members and associated persons should be aware that participation in a sharing arrangement permitted under paragraph (c) of this Rule does not affect the applicability of other FINRA rules, including paragraph (b) of this Rule, FINRA Rules 3210, 3270 and 3280 to such sharing arrangement.
Respondent has submitted a sworn financial statement and demonstrated an inability to pay a monetary sanction. In light of the financial status of Respondent, a monetary sanction is not imposed.
Under the heading "Customer Dispute - Pending" BrokerCheck discloses that LPL Financial LLC had received a FINRA Arbitration complaint on March 16, 2018, and LPL Financial LLC and International Assets Advisory had received a FINRA Arbitration complaint on December 28, 2017, alleging "unsuitable recommendations and margin trading at LPL." Damages sought were not specified.International Assets Advisory, LLC "Discharged" Spolar on October 9, 2017 based upon allegations that he had "contacted clients during suspension."LPL Financial LLC "Discharged" Spolar on April 13, 2015, based upon allegations that of "discretionary trading in brokerage accounts in violation of firm policy."