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

I cannot thank you enough for your guidance. It's a good feeling knowing someone is fighting for you.

Matt J.

LATEST NEWS AND ARTICLES

1792164960 Law
October 16, 2026
Ameriprise and Broker Ordered to Pay Edward Jones Nearly $4.8 Million in Trade Secrets Dispute

Ameriprise Financial and broker Cory J.

1792083058 Law
October 15, 2026
SEC Warns Firms to Improve Private Asset Valuation and Disclosures

The Securities and Exchange Commission (SEC) is pressing financial firms to take greater care when valuing private assets as liquidity tightens and investor redemption requests increase, according to AdvisorHub.

1791996515 Law
October 14, 2026
FINRA Study Finds Advanced Investment Knowledge Does Not Eliminate Fraud Risk

Research using the FINRA Investor Education Foundation's 2024 National Financial Capability Study found that fewer than one in five investors with non-retirement investments demonstrate advanced investment literacy.