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 want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

1788893582 Law
September 8, 2026
Drive Planning Founder Sentenced to 20 Years for $380 Million Ponzi Scheme

Todd Burkhalter, founder and CEO of Georgia-based financial advisory group Drive Planning LLC, received a 20-year federal prison sentence for orchestrating a years-long Ponzi scheme that defrauded more than 2,000 investors of approximately $380 million.

1788870175 Law
September 8, 2026
Merrill Lynch and Advisor Settle Court Case for $6 Million After Advisor Allegedly Exploited Grieving Widow

A financial advisor allegedly exploited a client's grief over the deaths of her father and husband, showering her with attention before persuading her to hand over millions of dollars in gifts, according to reporting by InvestmentNews.

1788461574 Law
September 3, 2026
Texas Investment Adviser Faces Washington State Charges Over Misleading Crypto Portfolio Claims

Washington state securities regulators have charged an Austin, Texas registered investment adviser (RIA) and its founder with making misleading statements about the risks tied to one of its model portfolios, which invested heavily in crypto-backed products and volatile exchange-traded funds, according to InvestmentNews.