Tr?id=566623520170033&ev=PageView&noscript=1

FINRA Expels SW Financial and Suspends Chief Executive Officer For Reg BI Violations

Posted on May 17th, 2023 at 1:17 PM
FINRA Expels SW Financial and Suspends Chief Executive Officer For Reg BI Violations

From the desk of Jim Eccleston at Eccleston Law 

The Financial Industry Regulatory Authority (FINRA) has sanctioned a New York-based financial advisory firm, SW Financial, and its Chief Executive Officer for multiple violations of Regulation Best Interest (Reg BI).

FINRA has accused the firm and its CEO, Thomas Diamante, of making misrepresentations related to private placement sales, churning client accounts, and failing to supervise its advisors. SW Financial noted in the offering documents that it would receive a 10% sales commission from the private placement sales, according to FINRA. However, Diamante had entered into a separate agreement with the issuer where SW Financial would receive an additional 5% in commissions, which Diamante failed to disclose to investors. SW Financial sold the private placement to at least 171 investors between March 2018 and December 2021. FINRA estimates that SW Financial collected $21.3 million to invest in private placements. Furthermore, the firm received nearly $3.06 million in total commissions, and $936,000 was attributable to the undisclosed five percent commissions.

FINRA further noted that Diamante siphoned much of the undisclosed commissions to the firm’s general fund, which Diamante used to fund his own compensation. FINRA has accused Diamante of failing to perform reasonable due diligence and failing to ensure that the offering documents included accurate information. Diamante consented to a nine-month suspension while SW Financial was expelled from FINRA membership.

 

Eccleston Law LLC represents financial advisors and investors nationwide in securities, employment, transition, regulatory and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

Thank you for your professional assistance with this matter. You are very good at what you do.

John T.

LATEST NEWS AND ARTICLES

1784829196 Law
July 23, 2026
Cresset Sues Former Advisor Over Alleged Client Solicitation and Competing RIA Launch

Cresset Capital Management has filed a lawsuit in Illinois state court against a former advisor, alleging that he began building a competing registered investment advisory firm and soliciting clients while still employed by the Chicago-based wealth management firm.

1784733625 Law
July 22, 2026
Barred Oregon Financial Advisor Pleads Guilty to $1.6 Million Investment Fraud

A former Oregon financial advisor has pleaded guilty to fraud after admitting to a long-running scheme that caused investors to lose more than $1.6 million.

1784649161 Law
July 21, 2026
Merrill Lynch Settles Another NFL Player's Claim Related to Financial Advisor Isaiah Williams

Merrill Lynch has agreed to pay $1.25 million to resolve claims brought by former NFL player Sean L.