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

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

1791477640 Law
October 8, 2026
Delaware Life Faces Proposed Class Action Over Alleged Private Credit Disclosures

A Florida investor has filed a proposed class action against Delaware Life Insurance Co.

1791390362 Law
October 7, 2026
SEC Charges Investment Fund Operators in Alleged $8.7 Million Fraud Scheme

The Securities and Exchange Commission (SEC) has charged Christopher Kenji Dinelli and Jacob David "Kobe" Frankel with allegedly defrauding 35 investors of more than $8.7 million through Beyond Alpha Ventures LLC and investment advisory firm Beyond Equity LLC.

1791220249 Law
October 5, 2026
House Passes Bill to Restore Tax Deduction for Financial Fraud Victims

Victims of financial fraud may soon receive additional tax relief under legislation that overwhelmingly passed in the House of Representatives.