According
to the public record available on the internet for Moloney Securities,
the small broker-dealer has had seven regulatory events, including a FINRA
censure and fines and an SEC cease and desist order going back to 2000. It has also paid out hundreds of thousands of
dollars in arbitration awards against it.
The
most recent settlement came in May of this year. According to a public disclosure from
FINRA, “an AWC was issued in which the firm was censured, fined $100,000 and
ordered to pay $15,574.13, plus interest, in restitution to a customer. Without
admitting or denying the findings, the firm consented to the sanctions and to
the entry of findings that it failed to establish and maintain a supervisory
system, including WSPs, reasonably designed to achieve compliance with FINRA’s
suitability rule with respect to qualitative suitability and concentration in
high-risk products. Further, the firm did not provide any training to its
regional managers on reviewing the suitability of recommendations in such
products, nor did it issue any instructional materials or alerts, such as
compliance bulletins, addressing these issues.
The firm also failed to provide regional managers with reasonable
automated tools that would have helped them perform those reviews. A firm
registered representative recommended that senior customers purchase risky oil
and gas limited partnerships and oil and gas exchange traded funds which caused
them to become concentrated in these products. The firm’s electronic
surveillance system did not flag the transactions for concentration issues, nor
was the concentration questioned or reviewed by anyone at the firm. Similarly,
an elderly customer accepted the representative’s recommendations to purchase
oil and gas limited partnerships in accounts she held at the firm causing her
to suffer unrealized losses of $15,574.13. The firm paid restitution totaling
$195,500 to four of the senior customers.”
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