DARYL WINFIELD RILEY FINED AND SUSPENDED BY FINRA FOR EXECUTING DISCRETIONARY TRADES WITHOUT PERMISSION

Daryl Winfield Riley, a broker formerly with St. Louis, Missouri based Wells Fargo Advisors LLC, submitted an offer of settlement in which he consented to Financial Industry Regulatory Authority (FINRA) findings that he exercised discretion for solicited purchases in customer accounts without the customers' written authorization and his member firm's acceptance of the accounts as discretionary. The firm's written policies and procedures generally prohibited discretionary accounts and only allowed brokers to exercise discretion in certain types of customer accounts with firm approval. Mr. Riley, of La Habra, California, was fined $5,000 and suspended from association with any FINRA member in any capacity for one month - the suspension was in effect from January 7, 2013 through February 6, 2013.
A discretionary account is an account that allows a broker to buy and sell securities without the client's consent. The client must sign a discretionary disclosure with the broker in order to document the client's consent. A discretionary account sometimes referred to as a managed account. Sometimes certain guidelines are set by the client regarding trading in the account - a client might only permit investments in blue chip stocks.
Broker-dealers must establish and implement a reasonable supervisory system to protect customers from broker misconduct. If broker-dealers do not establish and implement a reasonable supervisory system, they may be liable to investors for damages flowing from the misconduct. Therefore, investors who have suffered damages due to Mr. Riley's discretionary activity can bring forth claims to recover losses against Wells Fargo Advisors, which should have prevented Mr. Riley from committing the described illegal activity.
Have you suffered losses in your Wells Fargo Advisors LLC brokerage account? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Wells Fargo Advisors LLC stockbrokers who may have engaged in misconduct and caused investors losses.
The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.

FINRA FINES WELLS FARGO $2 MILLION FOR REVERSE CONVERTIBLE SALES TO SENIORS

The Financial Regulatory Industry Authority (FINRA) has charge former Wells Fargo registered representative Alfred Chi Chen for recommending and selling reverse convertibles and making unauthorized trades in deceased customer accounts. The reverse convertible sales involved 21 customers and 172 accounts. 71% account holders were over 80 years old, and more than half of the accounts had between 50 and 90% of capital in reverse convertibles. Mr. Chen generated $1 million in commission from the sales, which contributed to investors' losses. As a result, FINRA fined Wells Fargo $2 million and ordered that customers receive restitution for unsuitable sales of reverse convertibles and other misconduct, which Wells Fargo ultimately consented to.

Reverse convertibles are alternative investments that are not suitable for all investors. Their complexity is hardly ever understood, and they are oftentimes misrepresented as fixed income products. Reverse convertibles are made of a note and a derivative. The note is a loan by the investor to the issuer that pays an income stream to the investor, while the derivative establishes the payment at maturity. The derivative can either be a put option, which would allow the issuer to sell the underlying derivative or security back to the investor, or it can be a call option, which would allow the issuer the right to buy the underlying security at a predetermined price.

Most investor are not capable of evaluating whether reverse convertibles are suitable investments. What investors should recognize is that reverse convertibles put principal at risk if the price of the underlying security rises above or falls below a predetermined amount. The issuer will either sell or buy the security, which may cause investors to lose a significant amount of principal. However, investors are attracted to reverse convertibles because of their yields; reverse convertibles have average 13% in certain years. This comes as no surprise since yields on CDs and other conservative investments are near all-time lows, and fixed income investors need to generate income to pay bills and keep up with increasing costs. Still, investors must realize that reverse convertibles are not the solution. Rather than chase yields and risk losing hard earned savings, investors need to stick to what is suitable for them in order to avoid financial calamity.

Have you suffered a loss in a reverse convertible? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation.

The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce atpearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.