(FINRA Case #2013035035902)

James Sylvester Fleming III (CRD #846806, Paxton, Massachusetts) – An AWC (Accept, Wavier & Consent) was issued in which Fleming was fined $10,000 and suspended from association with any FINRA member in all capacities for four months.

Without admitting or denying the findings, Fleming consented to the sanctions and to the entry of findings that in connection with two customers’ accounts, he repeatedly recommended that the customers purchase UITs and then sell them well before their maturity dates.

(FINRA Case #2013037843201)

David John Lomedico (CRD #1531676, Huntington, New York) – An AWC (Accept, Wavier & Consent) was issued in which Lomedico was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for four months.

Without admitting or denying the findings, Lomedico consented to the sanctions and to the entry of findings that he recommended unsuitable transactions in two customers’ accounts.

(FINRA Case #2016051367201)

Elaine Diones LaCerte (CRD #1536459, Colorado Springs, Colorado) – An AWC (Accept, Wavier & Consent) was issued in which LaCerte was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for six months.

Without admitting or denying the findings, LaCerte consented to the sanctions and to the entry of findings that she engaged in an unsuitable pattern of short-term trading of UITs in customer accounts.

(FINRA Case #2012034719701)

Paul Eric Taboada (CRD #2033981, Old Brookville, New York) – The NAC (National Adjudicatory Council) Decision was appealed to the SEC. Taboada was barred from association with any FINRA member in any capacity.

The NAC affirmed the findings and sanction imposed by OHO(Office of Hearing Officers). The sanction was based on findings that Taboada misappropriated investor funds and securities by failing to return excess capital to investors and by failing to distribute to certain investors all of the shares in an initial public offering (IPO) to which they were entitled.

(FINRA Case #2012034936005)

David Joseph Escarcega (CRD #4367584, Phoenix, Arizona) – A NAC (National Adjudicatory Council) Decision became final in which Escarcega was barred from association with any FINRA member in all capacities and ordered to disgorge $52,270, plus interest.

The NAC affirmed the sanctions and findings imposed by the Office of Hearing Officers (OHO). The sanctions were based on findings that Escarcega intentionally or recklessly made materially false misrepresentations in connection with the sales of renewable secured debentures to customers.

(FINRA Case #2016049233701)

William Roy Kimberlin (CRD #2242040, Plano, Texas) – An AWC (Accept, Wavier & Consent) was issued in which Kimberlin was assessed a deferred fine of $15,000 and suspended from association with any FINRA member in all capacities for 18 months.

Without admitting or denying the findings, Kimberlin consented to the sanctions and to the entry of findings that he solicited and accepted a total of $30,000 in loans from two customers in violation of his member firm’s procedures which prohibited accepting or giving loans to customers under all circumstances.

(FINRA Case #2015046728802)

Jay Dee Jordan (CRD #1776666, Oklahoma City, Oklahoma) – An AWC (Accept, Waiver & Consent) was issued in which Jordan was barred from association with any FINRA member in all capacities.

Without admitting or denying the findings, Jordan consented to the sanction and to the entry of findings that he recommended and executed hundreds of unsuitable purchases of non-traditional ETFs in his customers’ accounts.

(FINRA Case #2015046537501)

Walter Joseph Marino (CRD #2121623, Dix Hills, New York) – Marino was named in an amended FINRA complaint in which an additional cause of action was added to a FINRA complaint originally filed on April 24, 2017.

The amended complaint alleges that Marino recommended an unsuitable variable annuity surrender to a semi-retired customer without a reasonable basis for recommending the transaction. The amended complaint also alleges that Marino failed to conduct a reasonable investigation to determine whether the transaction would result in a surrender charge to the customer or the forfeiture of any benefits. In fact, the transaction resulted in a $6,980.52 surrender charge, and the forfeiture of an enhanced death benefit which exceeded the value of the variable annuity by approximately $28,000 and a lifetime income benefit that provided the customer with the ability to receive annual income payments of $24,305.73.

(FINRA Case #2016051447001)

Donald Lee Bergeron (CRD #2653896, Charlotte, North Carolina) – An AWC (Accept, Waiver & Consent) was issued in which Bergeron was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for 15 business days.

Without admitting or denying the findings, Bergeron consented to the sanctions and to the entry of findings that he improperly used discretion to place trades in a customer’s account, without receiving the customer’s written authorization to use discretion and without his member firm’s acceptance of the customer’s account as discretionary.

(FINRA Case #2016051495801)

Mathew M. Serth (CRD #5886278, Stone Ridge, Virginia) – An AWC  (Accept, Waiver & Consent) was issued in which Serth was assessed a deferred fine of $5,000 and suspended from association with any FINRA member in all capacities for three months.

Without admitting or denying the findings, Serth consented to the sanctions and to the entry of findings that he placed five orders to purchase securities in four customer accounts, without the customers’ authorization, knowledge or consent.