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

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

April 24, 2024
RIA Insurance Claims Skyrocket

A recent analysis by Golsan Scruggs reveals a staggering 231 percent increase in errors-and-omissions (E&O) liability claims among registered investment advisor (RIA)
insurers.

April 23, 2024
Surge Predicted in Regulation Best Interest Cases

According to a recent analysis, Reg BI-related actions quickly have ascended to the top five issues for FINRA, with fines totaling $6 million in 2023.

April 22, 2024
FINRA Fines Independent Broker-Dealers Over Cybersecurity Lapses

The Financial Industry Regulatory Authority (FINRA) has imposed fines and censured independent broker-dealers Osaic Wealth and Securities America for cybersecurity deficiencies that led to hackers accessing the private information of more than 32,000 customers.