September 2020

According to their website, the “Certified Financial Planner (CFP) Board is a non-profit organization acting in the public interest by fostering professional standards in personal financial planning through its setting and enforcement of the education, examination, experience, ethics and other requirements for CFP. “

The CFP Board can discipline those holding the CFP title in one of three ways:

• Public Letter of Admonition
• Temporary Suspension of CFP certification
• Revocation of individual’s CFP certification

In November 2020 the CFP announced sanctions against a number of Texas  financial advisors, including the following:

PUBLIC LETTERS OF ADMONITION

Nicholas P. Krsnich (West Palm Beach): In September 2020, the Disciplinary and Ethics Commission (Commission) and Mr. Krsnich entered into a settlement agreement in which Mr. Krsnich agreed that CFP Board would issue a Letter of Admonition. In the settlement agreement, Mr. Krsnich consented to findings that he failed to exercise reasonable and prudent judgment in providing professional services when he engaged in investment advisory business in the State of Florida without proper registration. Mr. Krsnich also consented to a finding that the Florida Office of Financial Regulation (OFC) found in a 2013 Stipulation and Consent Agreement (SCA) that his conduct with respect to the transactions violated Section 517.12(4) of the Florida Statutes. In the SCA, Mr. Krsnich consented to a finding that his firm, of which he is an officer and a co-owner, failed to establish, maintain, and enforce written policies and procedures reasonably designed to achieve compliance by the investment adviser with Chapter 517 of the Florida Statues and Division 69W of the Florida Administrative Code. As part of the SCA, Mr. Krsnich and his firm also consented to fines for $10,000 in 2013 and $6,000 in 2018. Pursuant to the CFP Board settlement agreement, Mr. Krsnich consented to findings that his conduct violated Rules 4.3 and 4.4 of the Rules of Conduct, providing grounds for discipline pursuant to Articles 3(a) and 3(g) the Disciplinary Rules and Procedures. Accordingly, the Commission issued to Mr. Krsnich a Letter of Admonition.

ADMINISTRATIVE REVOCATIONS

Anthony Cottone (Delray Beach): In March 2020, CFP Board issued an order permanently revoking Mr. Cottone’s right to use the CFP® certification marks. This discipline followed Mr. Cottone’s failure to file an Answer to CFP Board’s Complaint within the required timeframe. CFP Board’s Complaint alleged that Mr. Cottone failed to respond to CFP Board’s requests for documents and information. In July 2019, CFP Board imposed an automatic interim suspension against Mr. Cottone after receiving evidence that the Financial Industry Regulatory Authority (FINRA) issued an Order permanently barring Mr. Cottone from associating with any FINRA member in all capacities on December 10, 2018, based on its finding that Mr. Cottone “failed to respond to FINRA request[s] for information.” CFP Board’s Complaint alleged that Mr. Cottone’s failure to respond to two separate Requests for Additional Information from the CFP Board provided grounds for discipline pursuant to Article 3(F) of the Disciplinary Rules and Procedures (Disciplinary Rules). Mr. Cottone declined to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules. In accordance with Article 7.4 of the Disciplinary Rules, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Cottone’s revocation was effective as of April 1, 2020.

Jim Nguyen (St. Petersburg): In June 2020, CFP Board issued an order permanently revoking Mr. Nguyen’s right to use the CFP® certification marks. This discipline followed Mr. Nguyen’s failure to file an Answer to CFP Board’s Complaint within the required timeframe. CFP Board’s Complaint alleged that Mr. Nguyen failed to respond to a Notice of Investigation (NOI) CFP Board mailed to him on November 15, 2019. CFP Board was investigating a tax lien reported by Mr. Nguyen. On December 20, 2019, CFP Board issued a second NOI via certified mail. CFP Board also emailed both NOIs to Mr. Nguyen as a courtesy on January 15, 2020. Mr. Nguyen failed to respond to each NOI. CFP Board’s Complaint alleged that Mr. Nguyen’s conduct violated Article 3(F) of the Disciplinary Rules and Procedures (Disciplinary Rules), providing grounds for discipline for failing to respond to a NOI issued by CFP Board. Mr. Nguyen failed to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules. In accordance with Article 7.4 of the Disciplinary Rules, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Nguyen’s revocation was effective as of June 15, 2020.

Edward Santos (Pembroke Pines): In March 2020, CFP Board issued an order permanently revoking Mr. Santos’ right to use the CFP® certification marks. This discipline followed Mr. Santos’ failure to file an Answer to CFP Board’s Complaint within the required timeframe. CFP Board’s Complaint alleged that Mr. Santos falsely self-reported to CFP Board that he had completed 40 Continuing Education (CE) courses, totaling 92 CE credit hours during three reporting periods covering August 1, 2014 to July 2020. Respondent’s misconduct included communicating false information that misled CFP Board, clients, prospective clients, and the public into thinking that Respondent had satisfied the requirements for maintaining his CFP® certification when he had not. CFP Board’s Complaint alleged that Mr. Santos’ conduct violated 2.1, 6.2, and 6.5 of the Rules of Conduct, providing grounds for discipline pursuant to Articles 3(a) and 3(g) of the Disciplinary Rules and Procedures (Disciplinary Rules). Mr. Santos declined to file an Answer to CFP Board’s Complaint within 20 calendar days of the date of service, as required by Article 7.3 of the Disciplinary Rules. In accordance with Article 7.4 of the Disciplinary Rules, the allegations set forth in the Complaint were deemed admitted, and CFP Board issued an Administrative Order of Revocation. Mr. Santos’ revocation was effective as of April 1, 2020.

To verify an individual broker’s current certification status visit the CFP website here.

If you have questions about losses, unauthorized trading or unsuitable investments in your stock brokerage account, contact us for a no charge consultation.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

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