Donald Depiro (also known as Don Depiro), of Riviera Beach, Florida, a stockbroker registered with Merrill Lynch Pierce Fenner Smith Inc., was the subject of a customer initiated investment related complaint filed on August 9, 2021, in which the customer requested $25,000.00 in damages based upon allegations that Depiro engaged in unauthorized trading in equities…
Gianluca De Berardinis, also known as Gianluca Deberardinis, of New York, New York, a stockbroker previously registered with Morgan Stanley, was the subject of a customer initiated investment related complaint filed on August 18, 2023. In this complaint, the customer requested $200,000.00 in damages based upon allegations that De Berardinis engaged in selling away or…
Evan A. Lunsford of Terre Haute, Indiana, a stockbroker associated with LPL Financial, was the subject of a customer initiated investment related complaint filed on August 18, 2023, in which the customer requested compensatory damages. The customer’s allegations are that Lunsford made investment recommendations in structured notes tied to the energy market that were unsuitable…
Valentino Michael Scott of West Hills, California, a stockbroker associated with Centaurus Financial, is the subject of a customer initiated investment related Financial Industry Regulatory Authority (FINRA) securities arbitration claim in which the customer requested $25,000.00 in damages. According to the claim, Scott recommended a high-risk, complex, and illiquid corporate bonds or structured products during…
Joshua Aaron Green of New Port Richey, Florida, a stockbroker associated with Cetera Investment Services LLC, was the subject of a customer initiated investment related Financial Industry Regulatory Authority (FINRA) securities arbitration claim that was settled for $450,000.00 in damages based upon allegations that Green overconcentrated the customer in structured notes, which resulted in losses….
Joshua Houston Westerman, of Fort Lauderdale, Florida, a stockbroker formerly registered with Morgan Stanley, was discharged on July 24, 2023. The termination followed allegations that he engaged in unauthorized communications with customers about firm-related business. There were also allegations concerning Westerman’s activity related to his former girlfriend’s credit line and external brokerage account, as well…
Christopher Francis Harrington Jr. of New York, New York, a stockbroker registered with Merrill Lynch Pierce Fenner Smith Inc., has been fined $11,500.00 and suspended for nine months from associating with any Financial Industry Regulatory Authority (FINRA) member in any capacity because Harrington generated excessive fees and made unsuitable investment recommendations. Letter of Acceptance, Waiver,…
Gregory Robert Sain of Los Angeles, California, a stockbroker registered with Stifel Nicolaus Co. Inc., was the subject of a customer initiated investment related complaint that was settled on June 13, 2023, for $26,250.00 in damages based upon allegations that Sain made unsuitable recommendations of structured notes during the time that Sain was registered with…
Steven Andrew Hill (also known as Andy Hill), of Atwater, California, a stockbroker registered with Wells Fargo Clearing Services LLC, is the subject of a customer initiated investment related Financial Industry Regulatory Authority (FINRA) securities arbitration claim in which the customer requested compensation based upon allegations that Hill made misrepresentations of material fact in connection…
Ricky Alan Mantei (also known as Ricky Mantel), of Lexington, South Carolina, a stockbroker registered with Centaurus Financial Inc., has been fined $15,000.00 and suspended for six months by FINRA according to a National Adjudicatory Council Decision containing findings that Mantei directed prearranged trades with counterparties. In the Matter of Department of Enforcement v. Ricky…
Anthony Michael Tassone, of Springfield, Massachusetts, a stockbroker registered with Wells Fargo Clearing Services LLC, was the subject of a customer initiated investment related complaint filed on October 24, 2022, in which the customer requested compensation based upon allegations that Tassone caused the customer to believe that their principal would not be reduced in an…
William Word Huthnance of Houston, Texas, a stockbroker registered with UBS Financial Services Inc., was the subject of a customer initiated investment related FINRA securities arbitration claim that was settled for $305,000.00 in damages based upon allegations that Huthnance made unsuitable recommendations to the customer and made misrepresentations of material fact in connection with the sale…
David William Jack of Paramus, New Jersey, a stockbroker registered with Morgan Stanley, is the subject of a customer initiated investment related complaint filed on October 31, 2022, in which the customer requested compensatory damages based upon allegations that Jack made unsuitable recommendations of structured products when Jack was associated with Morgan Stanley. This is…
Michael Joseph Kane III off Plano, Texas, a stockbroker registered with Hilltop Securities Inc., is the subject of a customer initiated investment related FINRA securities arbitration claim in which the customer requested $135,000.00 in damages based upon allegations that Kane made unsuitable recommendations and made misrepresentations and omissions of material fact in connection with the…
Teresa Watkins Douberly (also known as Sharlene Douberly, Teresa S. Watkins, and Teresa Sharlene Watkins), of Fort Lauderdale, Florida, a Registered Principal of with Aegis Capital Corp., has been fined $5,000.00 and suspended from associating with any Financial Industry Regulatory Authority (FINRA) member in any principal capacity because Douberly failed to supervise certain registered representatives….
Gregory Scott Young of Columbia, South Carolina, a stockbroker registered with Voya Financial Advisors Inc., was the subject of a customer initiated investment related FINRA securities arbitration claim that was settled for $40,000.00 in damages based upon allegations that Young made unsuitable recommendations of structured steepener products and CDs when Young was associated with Voya…
Alan Zelig Appelbaum of Boca Raton, Florida, a stockbroker formerly registered with Aegis Capital Corp., was the subject of a customer initiated investment related Financial Industry Regulatory Authority (FINRA) securities arbitration claim that was settled for $280,000.00 in damages based upon allegations that Appelbaum made unsuitable investment recommendations and engaged in other misconduct in connection…
Antoine Nabih Souma of Los Angeles, California, a stockbroker formerly registered with JP Morgan Securities LLC and Morgan Stanley, has been fined $20,000.00 and suspended for two months from associating with any Financial Industry Regulatory Authority (FINRA) member in any capacity based upon findings that Souma provided a customer with misleading and incorrect accounts reports…
Bryan Kirk Bordelon, of New Orleans, Louisiana, a stockbroker currently registered with Raymond James Associates Inc., is identified in a customer initiated investment related written complaint on July 28, 2021, where the customer requested $31,456.45 in damages founded on accusations of Bordelon placing them in unsuitable investments including structured products between July 20, 2018, and…
Nicholas C. McMahan, of Leander, Texas, a stockbroker formerly registered with BBVA Securities Inc., is the subject of a customer initiated investment related written complaint which was settled for $18,588.00 on August 26, 2021, supported by allegations of the customer being provided with false information from McMahan regarding a structured note purchased in July of…
Joseph Marie Andreoli Jr., of Paramaus New Jersey, a stockbroker formerly registered with Wells Fargo Clearing Services LLC, is the subject of a customer initiated investment related FINRA securities arbitration claim which was resolved for $165,000.00 in damages based upon accusations of Andreoli’s unsuitable transactions involving structured products when he was associated with Wells Fargo…
David Stewart Silberg of Melville New York a stockbroker formerly registered with Aegis Capital Corporation is the subject of a customer initiated investment related FINRA securities arbitration claim where the customer requested $50,000.00 in damages supported by accusations that the customer had been placed into unsuitable structured products between September of 2015 and June of…
Alan Zelig Appelbaum a stockbroker formerly registered with Aegis Capital Corp is referenced in a customer initiated investment related FINRA securities arbitration claim where the customer sought $550,000.00 in damages supported by allegations that they had been sold unsuitable structured products when Appelbaum was registered with Aegis Capital Corp. Financial Industry Regulatory Authority (FINRA) Arbitration…
John Alexander Tarpinian of New York New York a stockbroker formerly registered with Paulson Investment Company LLC is referenced in a customer initiated investment related FINRA securities arbitration claim in which the customer sought $342,852.00 in damages based upon accusations that they received bad investment advice from Tarpinian regarding structured notes transactions when he was…
Jimmy Yang Driggers (also known as James Yang Driggers and as Jim Driggers) of Sarasota Florida a stockbroker formerly registered with Morgan Stanley is referenced in a customer initiated investment related FINRA securities arbitration claim where the customer requested $200,000.00 in damages supported by allegations of Driggers’ unsuitable trading or recommendations of alternative investments including…
Stephen John Ferencik (also known as Stephen John Ferencilz) of Atlanta Georgia a stockbroker currently registered with Arkadios Capital is the subject of a customer initiated investment related FINRA securities arbitration claim where the customer requested $200,000.00 in damages based upon allegations of unsuitable alternative investment transactions by Ferencik and Arkadios Capital between 2017 and…
Mark Frederick Augusta (also known as Mark Fred Augusta) a stockbroker registered with Wedbush Securities Inc. and Hilltop Securities Inc. is the subject of a customer initiated investment related FINRA securities arbitration claim in which the customer sought $250,000.00 in damages based upon allegations that Augusta made misrepresentations to the customer regarding structured products and…
Jeffrey Neil Cadan of New York New York a stockbroker formerly registered with Morgan Stanley is the subject of a customer initiated investment related FINRA securities arbitration claim in which the customer requested compensatory damages based upon accusations that between July of 2014 and December of 2016, excessive trades had been effected in the customer’s…
Kevin Joseph Schaefer of San Francisco California a stockbroker and investment adviser representative of Merrill Lynch Pierce Fenner Smith Incorporated is the subject of a customer initiated investment related arbitration claim in which the customer requested $1,000,000.00 in damages supported by accusations of Schaefer making misrepresentations and providing unsuitable investment advice with respect to the…
Kyusun Kim (also known as Kyu Sun Kim and as Kenny Kim) of San Diego California a stockbroker formerly employed by Independent Financial Group LLC is referenced in a customer initiated investment related arbitration claim which was settled for $60,000.00 in damages based upon allegations that the stockbroker violated federal and state securities laws through…
Scott Robert Steinhorst of Hartland Wisconsin a stockbroker formerly associated with Wintrust Investments LLC has been referenced in a customer initiated investment related complaint in which the customer requested $15,187.72 in damages supported by allegations that the customer had been placed into inappropriate structured certificates of deposit given the long maturities on those products. This…
Brian Robert Bates of Chandler Arizona a stockbroker currently associated with BBVA Securities Inc. has been referenced in a customer initiated investment related written complaint on February 7, 2020 in which the customer requested more than $5,000.00 in damages supported by allegations that misrepresentations had been made by Bates concerning insurance protections on a structured…
Mark Fredrick Augusta of Del Mar California a stockbroker formerly associated with Wedbush Securities Inc. has been referenced in a customer initiated investment related arbitration claim which was settled for $25,000.00 in damages supported by allegations that the customer had been defrauded and that misrepresentations and omissions had been made in regard to the customer’s…
Keith Frederick France of Indianapolis Indiana a stockbroker formerly registered with BMO Harris Financial Advisors Inc. is the subject of a customer initiated investment related complaint on April 29, 2019 in which the customer requested more than $5,000.00 in damages based upon allegations that the customer had been sold a market linked certificate of deposit…
Jeannette Ann Adcock of Indianapolis Indiana a stockbroker formerly registered with Wayne Hummer Investments is the subject of a customer initiated investment related written complaint which was settled on December 4, 2019 for $56,838.12 in damages based upon allegations that misrepresentations had been made by the stockbroker pertaining to structured certificates of deposit which were…
Cindy Lucille Porto Chiellini (also known as Cindy L. Porto) of Lexington South Carolina a stockbroker currently associated with Centaurus Financial LLC has been referenced in a customer initiated investment related arbitration claim in which the customer requested $100,000.00 in damages supported by allegations that between 2011 and March of 2020: (1) a fiduciary duty…
Roger Charles Faubel of Staten Island New York a stockbroker formerly registered with Chelsea Financial Services has been suspended by Financial Industry Regulatory Authority (FINRA) from associating with any FINRA member in any capacity supported by allegations that the stockbroker failed to comply with an arbitration award or settlement agreement or otherwise confirm his compliance…
Ricky Alan Mantei of Lexington South Carolina a stockbroker and branch manager of Centaurus Financial Inc. (also known as JP Turner Company) is the subject of a customer initiated investment related arbitration claim in which the customer requested $100,000.00 in damages based upon allegations that (1) a fiduciary duty that was owed to the customer had…
Andrew Stephen Vitek Jr. of Jenkintown Pennsylvania a stockbroker formerly employed by Wells Fargo Clearing Services LLC has been identified in a customer initiated investment related arbitration claim where the customer sought at least $152,000.00 in damages founded on accusations that (1) mutual funds and structured products were not suitable for the customer given their…
Johnathan Rankin of Dallas Texas a stockbroker registered with Merrill Lynch Pierce Fenner Smith Incorporated has been terminated by the securities broker dealer on September 18, 2019 based upon allegations that the stockbroker violated the securities broker dealer’s policies and procedures because he solicited investments without authorization and had failed to comply with Merrill Lynch’s…
Katherine Greer Nishnic of Lexington South Carolina a stockbroker currently employed by Centaurus Financial Inc. is the subject of a customer initiated investment related arbitration claim in which the customer requested $100,000.00 in damages based upon accusations that between 2010 and 2018: (1) transactions executed by the stockbroker failed to be suitable for the customer…
Cindy Lucille Porto Chiellini of Lexington South Carolina a stockbroker currently registered with Centaurus Financial Inc. is the subject of a regulatory action initiated by the State of Colorado in which the regulator is seeking to bar Chiellini from engaging in securities business in the State of Colorado supported by allegations that Chiellini engaged in…
Roxann Geraldine Romano (also known as Roxann Geraldine Davanzo) of New York New York a stockbroker currently employed by Morgan Stanley is the subject of a customer initiated investment related arbitration claim where the customer sought $1,755,896.00 in damages based upon accusations that Romano gave the customer bad investment advice concerning the purchase of variable…
Newbridge Securities Corporation a securities broker dealer headquartered in Boca Raton Florida, and Bruce H. Jordan (Director of Investment Banking), have been censured by Financial Industry Regulatory Authority (FINRA) based upon findings that (1) Newbridge failed to supervise structured products sold to customers of the firm (2) Newbridge failed to supervise non-traditional exchange traded fund…
Larry Charles Wolfe of Boca Raton Florida a stockbroker formerly registered with Herbert J. Sims Co. Inc. (also known as HJ Simms) was named in a customer initiated investment related arbitration claim in which he was ordered by a Financial Industry Regulatory Authority (FINRA) Arbitration Panel to pay $480,000.00 in compensatory damages to a customer…
Gregory Scott Young of Columbia South Carolina a stockbroker formerly employed by Voya Financial Advisors Inc. is referenced in a customer initiated investment related arbitration claim where the customer sought between $50,000.00 and $100,000.00 in damages supported by accusations that the customer had been placed into structured steepener notes and alternative investment products that failed…
Jeannette Ann Adcock a stockbroker formerly registered with Wayne Hummer Investments is referenced in a customer initiated investment related written complaint on April 9, 2019 in which the customer sought $11,335.29 in damages founded on accusations that (1) unfounded statements had been made to the customer concerning the purchase of structured notes and structured certificate…
Margaret Mary Lech-Loubet of Beverly Hills California a stockbroker formerly employed by UBS Financial Services Inc. is referenced in a customer initiated investment related written complaint which was resolved for $20,000.00 on May 22, 2018 based upon accusations that the risks and illiquidity of the customer’s structured products holdings were not disclosed to the customer…
Michael Roy Blueweiss of Melville New York a stockbroker formerly registered with UBS Financial Services Inc. is the subject of a customer initiated investment related arbitration claim where the customer sought $600,000.00 in damages based upon accusations that between 2014 and 2017: (1) the customer’s funds had been stolen or otherwise misappropriated by Blueweiss (2)…
Jeffrey Neil Cadan of New York New York a stockbroker formerly registered with Morgan Stanley is the subject of a customer initiated investment related arbitration claim that settled for $1,200,000.00 in damages supported by accusations that between 2011 and 2016, Cadan executed excessive government debt trades in the customer’s account causing the customers losses. Financial…
James Brian Cain of Beverly Hills California a stockbroker currently registered with UBS Financial Services Inc. is the subject of a customer initiated investment related written complaint on January 4, 2018 where the customer requested $45,000.00 in damages founded on accusations that between July 18, 2014 and January 4, 2018: (1) the customer was placed…
Daniel Edward Rebmann of San Antonio Texas a stockbroker currently associated with UBS Financial Services Inc. is referenced in a customer initiated investment related arbitration claim which was settled for $25,000.00 in damages based upon accusations that structured products had been purchased for the customer’s account without the customer’s permission while Rebmann was associated with…
Douglas Hammond Freebern of Bartow Florida a stockbroker currently registered with Wells Fargo Clearing Services LLC is referenced in a customer initiated investment related written complaint which was settled on September 14, 2017 to resolve accusations that Freebern placed the customer in a structured product without the customers consent. Financial Industry Regulatory Authority (FINRA) Public…
Gregory Alan Voight of Providence Rhode Island a stockbroker formerly employed by Merrill Lynch Pierce Fenner Smith Inc. is referenced in a customer initiated investment related arbitration claim which was resolved for $75,000.00 in damages founded on allegations that (1) misrepresentations were made to the customer concerning structured products and municipal debt products (2) investment…
Jeffrey John Di Bono of San Jose California a stockbroker currently registered with Wells Fargo Clearing Services LLC is the subject of a customer initiated investment related written complaint on May 11, 2017 in which the customer sought $8,500.00 in damages based upon accusations that Di Bono did not receive investment returns that were promised…
Michael Joseph Kane III of Allen Texas a stockbroker currently registered with BBVA Securities Inc. is referenced in a customer initiated investment related written complaint on November 27, 2017 in which the customer sought damages estimated to exceed $5,000.00 based upon accusations that in September of 2017, a structured note purchase was not suitable for…
Bo Wang of Asbury New Jersey a stockbroker registered with TFS Securities Inc. has been discharged by the brokerage firm on March 14, 2018 based upon accusations that Wang (1) executed unauthorized trades in customer accounts and (2) distributed unapproved advertising materials to customers concerning real estate investment trusts and structured notes products and (3)…
Donald Stephen Woods of Louisville Kentucky a stockbroker formerly employed by LPL Financial LLC is referenced in a customer initiated investment related written complaint which settled on March 1, 2017 for $10,722.00 supported by accusations that misrepresentations had been made to the customer regarding structured products investments. Financial Industry Regulatory Authority (FINRA) Public Disclosure reveals…
David Wayne Woolford of Philadelphia Pennsylvania a stockbroker formerly registered with J.P. Morgan Securities LLC is the subject of a customer initiated investment related written complaint which settled on July 28, 2017 for $9,998.46 in damages based upon allegations that between October 1, 2013 and March 15, 2017, the customer was placed in a common…
Michael Barry Stern of Boca Raton Florida is a stockbroker formerly registered with Herbert J. Sims and Co. Inc. who is the subject of a customer initiated investment related arbitration claim that settled for $4,000.00 in damages supported by accusations of failure to supervise, breach of contract, misrepresentation, and fraud pertaining to the customer’s structured…
Mark B. Degner of Fall River Massachusetts is a former stockbroker of LPL Financial that has been fined seven thousand five hundred dollars and suspended from associating with any Financial Industry Regulatory Authority (FINRA) member in any capacity based upon consenting to findings that he made misrepresentations to customers concerning certificate of deposits. Letter of…
Ronald Lee Johnston of Daytona Beach, Florida, a stockbroker currently associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, is the subject of a customer initiated investment related written complaint, which settled on November 7, 2017 for $230,000.00 in damages based upon accusations of omissions and misrepresentations between August of 2016 and June of 2017…
Patrick Francis Walsh, of Westlake Village, California, a stockbroker currently registered with Morgan Stanley, is the subject of a customer initiated investment related arbitration claim, which settled for $156,000.00 in damages based upon allegations that between January of 2009 and November of 2015, Walsh effected trades in the customer’s account on an excessive basis relating…
Thomas Mark Adams of Farmington Hills, Michigan, a stockbroker currently registered with Morgan Stanley, has been named in a customer initiated investment related arbitration claim, which settled for $85,000.00 in damages based upon allegations that between November 1, 2012 and January 31, 2016, Adams made misrepresentations to the customer about the suitability of structured products…
Angelo Massaro Jr., of UBS Financial Services Inc., is the subject of a customer initiated investment related written complaint on June 7, 2017, in which the customer requested $160,000.00 in damages founded upon accusations that Massaro sold the customer unsuitable investments, and mismanaged the customer’s accounts. The customer alleged that structured products placed in her…
Margaret Lech-Loubet, of Los Angeles, California, a stockbroker currently registered with UBS Financial Services Inc., is the subject of a customer initiated investment related complaint on May 22, 2017, in which the customer sought $145,000.00 in damages based on allegations of suitability and omissions of facts concerning risks and liquidity of the customer’s structured product…
James Brian Cain, of Beverly Hills, California, a stockbroker currently registered with UBS Financial Services, Inc., is the subject of a customer initiated investment related written complaint on May 22, 2017, in which the customer sought $145,000.00 in damages based upon accusations that Cain omitted information from the customer about the risks and liquidity pertaining…
Jarrod Edward Biebel, of Marquette, Michigan, a stockbroker formerly registered with Wells Fargo Advisors, LLC, has been named in a customer initiated investment related written complaint on October 11, 2016, where the customer requested more than $5,000.00 in damages based upon allegations that Biebel effected unauthorized structured product transactions in the customer’s account. Financial Industry…
Kevin C. Yang, of Pasadena, California, a stockbroker currently registered with Morgan Stanley Inc., has been named in a customer initiated investment related arbitration claim, which settled on December 18, 2016, for $57,500.00 in damages based upon allegations that Yang made misrepresentations to the customer and effected unsuitable structured transactions in the customer’s account. Financial…
Jeffrey Neil Cadan, of New York, New York, a stockbroker registered with Morgan Stanley, was terminated from employment on December 21, 2016, based upon allegations of Cadan’s misconduct pertaining to his implemented investment strategy involving government debt products, as well as his exercise of discretion in customer account(s). Financial Industry Regulatory Authority (FINRA) Public Disclosure…
Lisa Ann Wolf, of Chicago, Illinois, a stockbroker currently registered with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has been named in a customer initiated investment related arbitration claim, which settled on April 10, 2015 for $150,000.00 in damages based upon allegations that from July of 2008 to June of 2014, Wolf made misrepresentations and…
Thomas Alan Braley, of Saginaw, Michigan, a stockbroker and financial advisor formerly registered with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has been named in a customer initiated investment related arbitration claim which settled on December 2, 2016 for $75,000.00 in damages. The customer’s claim was based upon allegations that between January of 2013 and…
Anthony J. Mazzo, of Boca Raton, Florida, a stockbroker formerly associated with UBS Financial Services, Inc., has been subject to a customer initiated investment related arbitration claim on August 5, 2016, which was settled for $138,855.92 in damages based upon allegations that Mazzo guaranteed investment performance to customers, and omitted facts to the customer concerning…
First Allied Securities, Inc., a broker-dealer headquartered in San Diego, California, was censured and fined $950,000.00 by Financial Industry Regulatory Authority (FINRA) after the firm consented to findings of misconduct that included, inter alia, the firm’s failure to appropriately supervise the sales of structured products. Letter of Acceptance, Waiver and Consent, No. 2015045234401 (Nov. 2,…
Felix A. Bartolomei, of Orlando, Florida, is subject to a pending customer dispute from June 16, 2016, in which the customer requested $50,000.00 in damages after alleging securities fraud, overconcentration of the customer’s investment account, and unsuitability of investments in connection with the customer’s purchase of closed-end funds and Puerto Rico bonds. FINRA Public Disclosure…
Merrill Lynch, Pierce, Fenner & Smith Inc., headquartered in New York, New York, consented to a $10,000,000.00 fine by The Securities and Exchange Commission (SEC) in connection with an SEC Order containing findings that Merrill Lynch made misleading statements regarding costs pertaining to structured notes issued by Bank of America – Merrill Lynch’s parent. SEC…
Merrill Lynch, Pierce Fenner & Smith, Inc. headquartered in New York, New York, was censured and fined $5,000,000.00 by the Financial Industry Regulatory Authority (FINRA) after consenting to findings that the firm failed to properly disclose costs associated with strategic return notes. Letter of Acceptance, Waiver and Consent, No. 2012032967901 (June 23, 2016). According to the…
UBS is a Swiss corporation, and the owner of UBS Financial, which conducts business in the United States and is a member of the Financial Industry Regulatory Authority. In 2014, UBS, one of the largest issuers of structured notes in the world, issued and sold 2.7 billion in structured notes. Structured notes are securities issued…
The man who predicted in March 2007 the collapse of the mortgage-backed securities market now predicts that Wall Street banks are creating the next investment bubble by selling opaque and unregulated structured notes to investors hunting for yield. Richard Christopher Whalen Whalen wrote today in a report, using the same “loophole” that allowed over-the-counter sales…