Rep Churned Senior Business Owner's Account, Violated Reg BI: FINRA

News October 31, 2024 at 03:11 PM
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The Financial Industry Regulatory Authority has suspended a rep for five months for excessive and unsuitable trading in a senior business owner's account, violating Regulation Best Interest.

The matter originated from a FINRA cycle examination of Spartan Capital.

Between October 2019 and April 2022, Spartan Capital rep Jesse Krapf recommended a series of trades in a senior customer's account that were excessive, unsuitable and not in the customer's best interest, according to FINRA's order.

During that time period, the business owner "relied on Krapf's advice and routinely followed his recommendations," FINRA said. "As a result, Krapf exercised de facto control over the account."

Krapf recommended "in-and-out trading to the customer, even when the price of his recommended securities did not materially change," the order states.

For example, in April 2020, "Krapf recommended that the customer purchase nearly $180,000 of stock in a biotechnology company, and then recommended that the customer sell the position two days later. Krapf charged commissions on the round-trip transaction of $7,800," the order said.

"The next day, Krapf recommended that the customer purchase nearly $82,000 in a semiconductor company and, that same day, sell the position for a loss, while charging the customer commissions of $2,000," according to FINRA.

Between October 2019 and April 2022, Krapf recommended 58 transactions in the customer's account, resulting in an annualized turnover rate of 23 and an annualized cost-to-equity ratio of 104%, the order states.

A turnover rate of 6 or higher or a cost-to-equity ratio above 20% generally indicates an excessive series of transactions, according to the regulator.

Krapf's trading in the customer's account, FINRA said, generated total trading costs of $96,496, including $92,847 in commissions, and caused $41,017 in total realized losses.

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