Alejandro Federico Marin Aigster, a registered representative with Mercantil Commercebank Investment Services, was permanently barred by the Financial Industry Regulatory Authority (FINRA) after consenting to findings that he failed to respond to requests for information and documentation concerning their investigation into allegations of Marin’s misconduct concerning an unauthorized loan with a firm customer. Letter of Acceptance, Waiver, and Consent No. 2014043835601 (Sept. 10, 2015).
According to the AWC, in May 2015, FINRA investigated Marin’s conduct regarding the unapproved loan with a customer as well as Marin’s failure in disclosing an unsatisfied judgment. Pursuant to Rule 8210, Marin received a request from FINRA that he disclose information, documentation, copies of customer communications and bank statements. After Marin’s attorney requested additional time to comply with the request, Marin’s attorney indicated to FINRA that he would not be providing the documents that they asked for and cooperate in the investigation regarding Marin’s misconduct at any point in the future. Consequently, Marin was found to have violated Rule 8210 and 2010 and barred as a result.
FINRA registered representatives like Marin who do not cooperate with FINRA’s investigations often face a permanent bar from practicing in the securities industry as such lack of cooperation violates FINRA’s Rule 8210 – requiring that no member or person shall fail to provide information or testimony or permit an inspection and copying of books, records, or accounts pursuant to the rule. FINRA typically accompanies a Rule 8210 violation with a Rule 2010 violation when individuals, according to FINRA, do not appear to observe high standards for commercial honor and just and equitable principles of trade.
Firms and individuals, not surprisingly, are prohibited from unauthorized use of customer funds, borrowing of a customer’s securities or funds, forgery, non-disclosures or misstatements of material facts, and various deceptions and manipulations. Such conduct can also be found to violate criminal and other civil laws, and be subject to sanction from the federal and state government bodies.
Securities brokerage firms have a duty to supervise their brokers and the sales practices of their brokers, and to review customer statements for, among other things, evidence of suitability, unauthorized trading, or excessive activity.
Guiliano Law Group
If you have been the victim of securities fraud and you have a complaint, you should consult with an attorney. The practice of Nicholas J. Guiliano, Esquire, and The Guiliano Law Group, P.C., is limited to the representation of investors in claims for fraud in connection with the sale of securities, the sale or recommendation of excessively risky or unsuitable securities, breach of fiduciary duty, and the failure to supervise. We accept representation on a contingent fee basis, meaning there is no cost unless we make a recovery for you, and there is never any charge for a consultation or an evaluation of your claim. For more information contact us at (877) SEC-ATTY.
