FINRA Suspends Former Wells Fargo Advisor Over Dead-Man-Trading Violation

Posted on April 7th, 2022 at 2:16 PM
FINRA Suspends Former Wells Fargo Advisor Over Dead-Man-Trading Violation

From the Desk of Jim Eccleston at Eccleston Law:

The Financial Industry Regulatory Authority (FINRA) has suspended a former Wells Fargo advisor for allegedly completing several trades on behalf of a client without obtaining consent.


The Alabama-based advisor, Michael McDermott, allegedly entered numerous stop-loss orders on behalf of a client in early 2019 before subsequently noting in April 2019 that he had discussed the trades with his client. However, the client had passed away at least one month prior to the alleged discussion. “On May 15, 2019, after learning of the customer’s death, McDermott edited the original note to inaccurately state that McDermott’s conversation had occurred in January 2019”, according to FINRA’s letter of acceptance, waiver and consent (“AWC”).


FINRA suspended McDermott for three months for completing trades “without authorization in the account of a firm customer, both before and after the customer’s death”, according to the AWC. FINRA added that McDermott entered the stop-loss orders in an advisory account, which implies that McDermott did not generate any commissions. Furthermore, McDermott previously filed for bankruptcy in 2021, which prompted FINRA to not impose any financial sanctions.
Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

 
 

Tags: eccleston law, finra, wells fargo

Return to Archive

TESTIMONIALS

Previous
Next

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

January 30, 2026
FINRA Arbitration Panel Orders J.P. Morgan to Amend Form U-5, Flags Potential Pattern of Conduct

A Financial Industry Regulatory Authority (FINRA) arbitration panel recently issued an unusually detailed decision in a dispute between J.P. Morgan Securities and former advisor Joshua David Sappi Biering, shedding rare light on how a firm may deploy - and sometimes abuse - the Form U-5 during advisor departures.

January 29, 2026
OFAC Targets Individual Trustee, Sending a Clear Warning to Fiduciaries and Family Offices

In a rare move, the Office of Foreign Assets Control (OFAC) penalized a former U.S. government official, underscoring that professional gatekeepers can face personal liability for sanctions violations tied to trust administration.

January 28, 2026
FINRA Advances Overhaul of Outside Business Activity Rules to the SEC

FINRA formally has advanced its proposed overhaul of outside business activity (OBA) regulations to the Securities and Exchange Commission.