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

FINRA Suspends Former Merrill Broker for Misrepresentations in Proof of Funds Letters

Posted on May 15th, 2026 at 1:35 PM
FINRA Suspends Former Merrill Broker for Misrepresentations in Proof of Funds Letters

From the desk of Jim Eccleston at Eccleston Law

FINRA has disciplined a former Merrill Lynch representative after determining that he issued inaccurate and misleading statements about a client’s financial ability to complete a home purchase.

As reported by ThinkAdvisor, the representative prepared and sent multiple proof of funds letters to a third party over a two-month period. He used his firm email account and acted without obtaining the supervisory approval required under firm policy.

Proof of funds letters carry significant weight in real estate and lending transactions because they confirm whether a buyer has sufficient assets to close a deal. According to ThinkAdvisor, Merrill Lynch required registered representatives to secure review and approval before issuing such documentation. The representative did not follow that process.

ThinkAdvisor reports that FINRA found that the letters contained materially false statements. The representative asserted that the client had adequate funds to complete the purchase despite knowing the client lacked sufficient assets at the firm. He also failed to confirm whether the client held assets elsewhere. In addition, he claimed the client had generated funds through the sale of a bond held outside the firm, even though no such sale had occurred.

The firm terminated the representative in 2024 and disclosed the circumstances in a Form U5, which led to FINRA’s investigation. The representative resolved the matter by consenting to FINRA’s findings without admitting or denying them through a FINRA Acceptance, Waiver and Consent (AWC) letter. FINRA imposed a nine-month suspension and a $5,000 fine.

 

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

Tags: eccleston, eccleston law, finra, merrill lynch

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I just wanted to say thanks again for preparing and executing my case in such a professional manner. It was a pleasure to watch two professionals take such pride in their work, as well as becoming personally in tune with your client (Me). I would personally recommend you and your firm to anyone.

John O.

LATEST NEWS AND ARTICLES

1787947445 Law
August 28, 2026
SEC Accuses Goliath Ventures of $425 Million Crypto Investment Ponzi Scheme

The Securities and Exchange Commission (SEC) has filed a civil complaint against Goliath Ventures Inc.

1787852053 Law
August 27, 2026
United Capital Revives Lawsuit Against Osaic

According to AdvisorHub, United Capital Financial Advisors has revived its lawsuit against independent broker-dealer Osaic by filing an amended complaint that reframes the dispute around the alleged misuse of confidential information obtained during Osaic's unsuccessful effort to acquire the firm.

1787765850 Law
August 26, 2026
FINRA Orders WestPark Capital to Pay $520,000 Over GWG L Bond Sales

The fallout from the collapse of GWG Holdings continues to affect the broker-dealers that sold the company's illiquid L bonds.