FINRA Suspends Broker Over Reg BI Violations

News January 22, 2024 at 11:51 AM
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The Financial Industry Regulatory Authority has suspended a broker for 18 months for violating Regulation Best Interest's care obligation.

According to the order, from December 2016 through April 2022, Tory Duggins recommended a series of excessive trades to eight clients, three of whom were older adults. He was with Spartan Capital Securities in New York during this time, having joined the firm in early 2016.

During the time period, Duggins engaged in quantitatively unsuitable trading in the eight customer accounts, which resulted in high cost-to-equity ratios and turnover rates that were well above the traditional guideposts of 20% and six, respectively, as well as significant losses, the order states.

Specifically, Duggins' trading in the eight accounts resulted in annualized cost-to-equity ratios of 58% to 289% and annualized turnover rates of 14.36 to 63.24 while generating total trading costs of $444,176, including $343,416 in commissions, and causing $235,494 in total realized losses, the order states.

One client — a 68-year-old retiree — opened an individual retirement account at Spartan Capital with Duggins in October 2018.

According to the client's new account documentation, his investment objective was aggressive growth.

"From October 2018 through October 2021, Duggins recommended 305 transactions in [the customer's] IRA resulting in an annualized cost-to-equity ratio of 59% and an annualized turnover rate of 14.82," according to the order.

"Duggins' trading in [the customer's] IRA generated total trading costs of $123,953, including $101,024 in commissions, and caused $92,995 in realized losses," it stated.

Another client — a 76-year old retiree — opened an account at Spartan with Duggins in January 2019. According to customer's new account documentation, his investment objective was growth.

"From January 2019 through March 2022, Duggins recommended 120 transactions in [the customer's] account resulting in an annualized cost-to-equity ratio of 93% and an annualized turnover rate of 20.55," the order stated.

"Duggins' trading in [the client's] account generated total trading costs of $32,331, including $23,395 in commissions, and caused $19,575 in realized losses," it added.

FINRA also accused Duggins of willfully failing to report a written customer complaint alleging a sales practice violation on his Uniform Application for Securities Industry Registration or Transfer, or Form U4.

Duggins accepted and consented to FINRA's findings without admitting or denying them. His BrokerCheck record shows that he been in the business for 19 years, has been with 10 firms during his career and has 12 disclosures — many of which are judgments, liens and customer disputes.

Reg BI's care obligation requires broker-dealers and their associated persons to exercise reasonable diligence, care and skill to, among other things, have a reasonable basis to believe that a series of recommended transactions, even if in the retail client's best interest when viewed in isolation, is not excessive and is in the retail customer's best interest in light of their investment profile.

A violation of Reg BI also is a violation of FINRA Rule 2010, which requires associated persons to "observe high standards of commercial honor and just and equitable principles of trade" in the conduct of their business.

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