Securities Arbitration Lawyers BlogStockbrokers Selling Away Securities Arbitration Claims
If your financial advisor recommends an investment that is not approved by his firm, he may be selling away. Do you trust him or her to make the right investment decisions for you? Do they consult with you and allow you the freedom to review information on your own, and encourage you to communicate with him on a personal e-mail? Or do you just take it on faith, and wonder if you’ve been convinced with a winning smile, charming demeanor or an official-looking prospectus? Dishonest brokers do this every day, and are only found out when they slip up and do something wrong or the investor learns his money is gone.
Many people have a “side hustle” outside of their “day job” that they do for extra money, personal satisfaction or both. It may be as a part-time job in retail, freelancing after hours or starting a small business. You may even know someone holds parties to sell products directly. While there’s nothing inherently wrong with most side jobs, it’s entirely different when your broker does “something on the side.” These outside business activities, at a minimum, are supposed to be disclosed to the firm and approved for sale to the customer.
Anytime a broker does something else, they’re required to notify the firm and get permission, in case there is a conflict of interest and other reasons. (Most large companies require notification for any kind of “moonlighting.”) Some brokers have been known to sell securities outside of their firm—even legitimate ones—without notifying their firm of this outside business interest. A concept frequently referred to as selling away. That’s why research is so important.
In addition to SEC charges, he has also been barred by FINRA from acting as a broker or other registered agent after his customers complained about these unapproved investments. Pagartanis’ last employer of record was Lombard Securities Incorporated (CRD #27954) in Seatauket, NY, where he worked from 09/07/2017 through 03/17/2018.
Thomas Murray (CRD #721725) has received a securities arbitration claim according to the Financial Industry Regulatory Authority (FINRA) CRD system.
Samuel Haddix (CRD #4427350) is barred from association with any FINRA member in any capacity. Respondent failed to request termination of his suspension within three months of the date of the Notice of Suspension; therefore, he is automatically barred from association with any FINRA member in any capacity.
David Olson was with Morgan Stanley’s St. Petersburg, Florida office until January 2017 when he was discharged after an allegation he engaged in an outside business that was not presented to Morgan Stanley for approval and Olson solicited a loan from a client for that venture. This is frequently referred to as 
Lawrence Fawcett (CRD #5851474) was barred from association with any FINRA member in all capacities. Without admitting or denying the findings, Fawcett consented to the sanction and to the entry of findings that he failed to produce documents and information requested by FINRA, and failed to appear for on-the-record testimony, in connection with an investigation regarding his outside business activities. Westpark Capital discharged Lawrence Fawcett following allegations that he conducted business from a non-disclosed location as well as made false representations to Westpark.
Joshua Ellis was with LPL Financial in its Kennesaw, Georgia office until October 2017 when he was discharged for failing to timely respond to inquiries from the firm’s compliance department.
avid Barber (CRD #1165082) was barred from association with any FINRA member in all capacities. Without admitting or denying the findings, Barber consented to the sanction and to the entry of findings that he failed to produce information and documents requested by FINRA during the course of an ongoing examination to determine whether he engaged in unauthorized trading in the accounts of customers of his member firm, exercised discretion in customer accounts without written authorization, or otherwise acted in violation of FINRA rules.