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BrokerCheck Report
BARRY MICHAEL KORNFELD
Section Title
Report Summary
Broker Qualifications
Registration and Employment History
Disclosure Events
CRD# 1490377
1
2 - 3
5
6
Page(s)
About BrokerCheck®
BrokerCheck offers information on all current, and many former, registered securities brokers, and all current and formerregistered securities firms. FINRA strongly encourages investors to use BrokerCheck to check the background ofsecurities brokers and brokerage firms before deciding to conduct, or continue to conduct, business with them.
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qualifications, disciplinary actions, criminal convictions, civil judgments and arbitration awards. BrokerCheckreports for brokerage firms include information on a firm’s profile, history, and operations, as well as many of thesame disclosure events mentioned above.
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CRD® and is a combination of: o information FINRA and/or the Securities and Exchange Commission (SEC) require brokers and
brokerage firms to submit as part of the registration and licensing process, and o information that regulators report regarding disciplinary actions or allegations against firms or brokers.
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information in CRD within 30 days. Under most circumstances, information reported by brokerage firms, brokersand regulators is available in BrokerCheck the next business day.
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BARRY M. KORNFELD
CRD# 1490377
This broker is not currently registered.
Report Summary for this Broker
This report summary provides an overview of the broker's professional background and conduct. Additionalinformation can be found in the detailed report.
Disclosure Events
This broker has been involved in one or moredisclosure events involving certain final criminalmatters, regulatory actions, civil judicial proceedings,or arbitrations or civil litigations.
Are there events disclosed about this broker? Yes
The following types of disclosures have beenreported:
Type Count
Regulatory Event 5
Civil Event 2
Customer Dispute 1
Investment Adviser RepresentativeInformation
https://www.adviserinfo.sec.gov
The information below represents the individual'srecord as a broker. For details on this individual'srecord as an investment adviser representative,visit the SEC's Investment Adviser PublicDisclosure website at
Broker Qualifications
This broker is not currently registered.
This broker has passed:
2 Principal/Supervisory Exams
2 General Industry/Product Exams
3 State Securities Law Exams
Registration History
This broker was previously registered with thefollowing securities firm(s):
BROOKSTREET SECURITIESCORPORATIONCRD# 14667CORAL SPRINGS, FL01/2004 - 06/2007
B
NATIONS FINANCIAL GROUP, INC.CRD# 44181CEDAR RAPIDS, IA12/2003 - 01/2004
B
ARCHER ALEXANDER SECURITIESCORPORATIONCRD# 41555KANSAS CITY, MO04/2003 - 12/2003
B
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Broker Qualifications
Registrations
This section provides the self-regulatory organizations (SROs), states and U.S. territories the broker is currently registered and licensed with, thecategory of each registration, and the date on which the registration became effective. This section also provides, for each firm with which thebroker is currently employed, the address of each branch where the broker works.
This broker is not currently registered.
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Broker Qualifications
Industry Exams this Broker has Passed
This individual has passed 2 principal/supervisory exams, 2 general industry/product exams, and 3 state securities law exams.
This section includes all securities industry exams that the broker has passed. Under limited circumstances, a broker may attain a registrationafter receiving an exam waiver based on exams the broker has passed and/or qualifying work experience. Any exam waivers that the broker hasreceived are not included below.
Exam Category Date
Principal/Supervisory Exams
Registered Options Principal Examination 06/15/2006Series 4B
General Securities Principal Examination 12/22/2000Series 24B
Exam Category Date
General Industry/Product Exams
Futures Managed Funds Examination 08/04/1998Series 31B
General Securities Representative Examination 04/19/1986Series 7B
Exam Category Date
State Securities Law Exams
Uniform Combined State Law Examination 05/02/2006Series 66B IA
Uniform Investment Adviser Law Examination 07/20/1992Series 65IA
Uniform Securities Agent State Law Examination 05/28/1986Series 63B
Additional information about the above exams or other exams FINRA administers to brokers and other securities professionals can be found atwww.finra.org/brokerqualifications/registeredrep/.
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Broker Qualifications
Professional Designations
This section details that the representative has reported 0 professional designation(s).
No information reported.
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Registration and Employment History
Registration History
Registration Dates Firm Name CRD# Branch Location
The broker previously was registered with the following securities firms:
B 01/2004 - 06/2007 BROOKSTREET SECURITIESCORPORATION
14667 CORAL SPRINGS, FL
B 12/2003 - 01/2004 NATIONS FINANCIAL GROUP, INC. 44181 CEDAR RAPIDS, IA
B 04/2003 - 12/2003 ARCHER ALEXANDER SECURITIESCORPORATION
41555 KANSAS CITY, MO
B 05/2002 - 04/2003 GUNNALLEN FINANCIAL, INC 17609 TAMPA, FL
B 07/2001 - 05/2002 KOVACK SECURITIES INC. 44848 FT. LAUDERDALE, FL
B 10/1999 - 07/2001 PACVEST ASSOCIATES, INC. 29583 WOODSTOCK, CT
B 01/1996 - 08/1999 LINSCO/PRIVATE LEDGER CORP. 6413 FORT MILL, SC
B 12/1992 - 01/1996 OPPENHEIMER & CO., INC. 630 NEW YORK, NY
B 12/1987 - 01/1993 MERRILL LYNCH, PIERCE, FENNER &SMITH INCORPORATED
7691 NEW YORK, NY
B 07/1986 - 12/1987 THOMSON MCKINNON SECURITIES INC. 829
B 04/1986 - 07/1986 TRAVELERS EQUITIES SALES, INC. 833
Employment History
Employment Employer Name Investment RelatedPosition Employer Location
This section provides up to 10 years of an individual broker's employment history as reported by the individual broker on the most recently filedForm U4.
Please note that the broker is required to provide this information only while registered with FINRA or a national securities exchangeand the information is not updated via Form U4 after the broker ceases to be registered. Therefore, an employment end date of"Present" may not reflect the broker's current employment status.
01/2004 - Present BROOKSTREET SECURITIESCORPORATION
BROKER Y IRVINE, CA, United States
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Disclosure Events
What you should know about reported disclosure events:
1. Disclosure events in BrokerCheck reports come from different sources:• As mentioned at the beginning of this report, information contained in BrokerCheck comes from brokers, their employing firms, and
regulators. When more than one source reports information for the same disclosure event, all versions of the event will appear in theBrokerCheck report. The different versions are separated by a solid line with the reporting source labeled.
For your convenience, below is a matrix of the number and status of regulatory disclosure events involving this broker. Furtherinformation regarding these events can be found in the subsequent pages of this report. You also may wish to contact the broker toobtain further information regarding these events.
Final On Appeal
Regulatory Event 5 0
Civil Event 2 0
Customer Dispute 1 N/A
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Disclosure Event Details
This report provides the information exactly as it was reported to CRD and therefore some of the specific data fields contained in the report maybe blank if the information was not provided to CRD.
Regulatory - Final
This type of disclosure event involves a final, formal proceeding initiated by a regulatory authority (e.g., a state securities agency, self-regulatoryorganization, federal regulator such as the Securities and Exchange Commission, foreign financial regulatory body) for a violation of investment-related rules or regulations.
Disclosure 1 of 5
Reporting Source: Regulator
Regulatory Action InitiatedBy:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Sanction(s) Sought: Other: n/a
Date Initiated: 01/31/2019
Docket/Case Number: 3-18976
Employing firm when activityoccurred which led to theregulatory action:
FEK Enterprises, Inc., d/b/a First Financial Tax Group
Product Type: Promissory NoteOther: private placement securities
Allegations: SEC Admin Release 34-85010, January 31, 2019: The Securities and ExchangeCommission ("Commission") deems it appropriate and in the public interest thatpublic administrative proceedings be, and hereby are, instituted pursuant toSection 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") againstBarry M. Kornfeld. On January 10, 2019, a final judgment was entered by consentagainst Kornfeld, permanently enjoining him from future violations of Sections 5(a)and 5(c) of the Securities Act and Sections 15(a)(1) and 15(b)(6)(B)(i) of theExchange Act, in the civil action entitled Securities and Exchange Commission v.Barry M. Kornfeld, Civil Action Number 18-cv-23369, in the United States DistrictCourt for the Southern District of Florida. The Commission's complaint alleged that,among other things, Kornfeld, through FEK Enterprises, Inc., d/b/a First FinancialTax Group ("First Financial"), offered and sold securities of Woodbridge Group ofCompanies, Inc. ("Woodbridge"). Neither First Financial, Kornfeld, nor Woodbridgewere Commission-registered broker dealers, nor were they associated withCommission-registered broker dealers, and none of Woodbridge's securitiesofferings were registered with the Commission. Kornfeld sold investors two primarytypes of securities, a twelve-to-eighteen month term promissory note bearing 5%-8% interest that Woodbridge described as First Position CommercialMortgages("FPCM"), and seven different private placement fund offerings with five-year terms ("Fund Offerings"). For the FPCMs, Kornfeld, through First Financial,received a transaction-based commission from Woodbridge equivalent to thedifference of the 9% wholesale annual interest rate Woodbridge offered to FirstFinancial and Kornfeld and the 5% to 8% annual interest First Financial andKornfeld offered to investors. For the Fund Offerings, Kornfeld, through FirstFinancial, received a 5% sales commission that Woodbridge purposefullymischaracterized as a "marketing bonus," to avoid the appearance of payingtransaction-based commissions. Kornfeld and his wife, through First Financial,received approximately $3.7 million in transaction-based commissions fromWoodbridge earned as a result of raising more than $60 million through the sale ofWoodbridge securities to almost 500 investors.
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SEC Admin Release 34-85010, January 31, 2019: The Securities and ExchangeCommission ("Commission") deems it appropriate and in the public interest thatpublic administrative proceedings be, and hereby are, instituted pursuant toSection 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") againstBarry M. Kornfeld. On January 10, 2019, a final judgment was entered by consentagainst Kornfeld, permanently enjoining him from future violations of Sections 5(a)and 5(c) of the Securities Act and Sections 15(a)(1) and 15(b)(6)(B)(i) of theExchange Act, in the civil action entitled Securities and Exchange Commission v.Barry M. Kornfeld, Civil Action Number 18-cv-23369, in the United States DistrictCourt for the Southern District of Florida. The Commission's complaint alleged that,among other things, Kornfeld, through FEK Enterprises, Inc., d/b/a First FinancialTax Group ("First Financial"), offered and sold securities of Woodbridge Group ofCompanies, Inc. ("Woodbridge"). Neither First Financial, Kornfeld, nor Woodbridgewere Commission-registered broker dealers, nor were they associated withCommission-registered broker dealers, and none of Woodbridge's securitiesofferings were registered with the Commission. Kornfeld sold investors two primarytypes of securities, a twelve-to-eighteen month term promissory note bearing 5%-8% interest that Woodbridge described as First Position CommercialMortgages("FPCM"), and seven different private placement fund offerings with five-year terms ("Fund Offerings"). For the FPCMs, Kornfeld, through First Financial,received a transaction-based commission from Woodbridge equivalent to thedifference of the 9% wholesale annual interest rate Woodbridge offered to FirstFinancial and Kornfeld and the 5% to 8% annual interest First Financial andKornfeld offered to investors. For the Fund Offerings, Kornfeld, through FirstFinancial, received a 5% sales commission that Woodbridge purposefullymischaracterized as a "marketing bonus," to avoid the appearance of payingtransaction-based commissions. Kornfeld and his wife, through First Financial,received approximately $3.7 million in transaction-based commissions fromWoodbridge earned as a result of raising more than $60 million through the sale ofWoodbridge securities to almost 500 investors.
Current Status: Final
Resolution: Order
Resolution Date: 01/31/2019
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar (Permanent)Other: Penny Stock Bar
If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?
No
(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?
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(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?
(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
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Regulator Statement In anticipation of the institution of these proceedings, Kornfeld has submitted anOffer of Settlement (the "Offer") which the Commission has determined to accept.Accordingly, it is hereby ordered that Kornfeld be, and hereby is barred fromassociation with any broker, dealer, investment adviser, municipal securities dealer,municipal advisor, transfer agent, or nationally recognized statistical ratingorganization (NRSRO); and Kornfeld be, and hereby is barred from participating inany offering of a penny stock, including: acting as a promoter, finder, consultant,agent or other person who engages in activities with a broker, dealer or issuer forpurposes of the issuance or trading in any penny stock, or inducing or attemptingto induce the purchase or sale of any penny stock.
(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
Capacities Affected: Participating in any offering of a penny stock
Duration: Indefinite
Start Date: 01/31/2019
End Date:
Sanction 1 of 2
Sanction Type: Bar (Permanent)
Capacities Affected: broker, dealer, investment adviser, municipal securities dealer, municipal advisor,transfer agent, or NRSRO
Duration: Indefinite
Start Date: 01/31/2019
End Date:
Sanction 2 of 2
Sanction Type: Bar (Permanent)
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In anticipation of the institution of these proceedings, Kornfeld has submitted anOffer of Settlement (the "Offer") which the Commission has determined to accept.Accordingly, it is hereby ordered that Kornfeld be, and hereby is barred fromassociation with any broker, dealer, investment adviser, municipal securities dealer,municipal advisor, transfer agent, or nationally recognized statistical ratingorganization (NRSRO); and Kornfeld be, and hereby is barred from participating inany offering of a penny stock, including: acting as a promoter, finder, consultant,agent or other person who engages in activities with a broker, dealer or issuer forpurposes of the issuance or trading in any penny stock, or inducing or attemptingto induce the purchase or sale of any penny stock.
Disclosure 2 of 5
i
Reporting Source: Regulator
Regulatory Action InitiatedBy:
Florida Office of Financial Regulation
Sanction(s) Sought: BarCease and DesistCivil and Administrative Penalty(ies)/Fine(s)
Date Initiated: 04/30/2018
Docket/Case Number: 70496a-I
URL for Regulatory Action:
Employing firm when activityoccurred which led to theregulatory action:
FEK Enterprises, Inc. d/b/a First Financial Tax Group
Product Type: Other: Unregistered securities
Allegations: Offer and sale of unregistered securities; sale of securities by unregistered dealer,associated person or issuer
Current Status: Final
Resolution: Order
Resolution Date: 09/16/2019
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar (Permanent)Cease and Desist
Capacities Affected: All Capacities
Sanction 1 of 1
Sanction Type: Bar (Permanent)
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Regulator Statement On 9/16/2019, the Office of Financial Regulation entered a Final Order adoptingthe Stipulation and Consent Agreement in the matter of Barry M. Kornfeld. Mr.Kornfeld neither admitted nor denied the findings but consented to the entry offindings by the Office. The Office found that Barry M. Kornfeld sold unregisteredsecurities from offices in Florida without being registered with the Office as anissuer, dealer or associated person. Pursuant to the Final Order, Barry M.Kornfeld is permanently barred by the Office from engaging in investment advisoryor securities business in Florida; and from affiliating or seeking future registrationas an issuer, dealer, investment adviser, or associated person under the FloridaSecurities and Investor Protection Act, Chapter 517, Florida Statutes. The Officeagreed to forego administrative fines against Mr. Kornfeld in order to maximizerecoveries going to the bankruptcy estates and in light of the civil money penaltyimposed by the SEC.
Duration:
Start Date:
End Date:
Disclosure 3 of 5
i
Reporting Source: Regulator
Regulatory Action InitiatedBy:
Idaho Department of Finance
Sanction(s) Sought: Civil and Administrative Penalty(ies)/Fine(s)Restitution
Date Initiated: 02/08/2017
Docket/Case Number: 2017-7-15-C
URL for Regulatory Action: https://www.finance.idaho.gov/Securities/Actions/Administrative/2018/4677-2017-7-15-C-Kornfeld-A&O.pdf
Employing firm when activityoccurred which led to theregulatory action:
Product Type: Investment ContractPromissory Note
Allegations: Mr. Kornfeld, owner of First Financial Tax Group, Inc., was not registered to sellsecurities at the time he acted as an independent contractor to solicit and sellunregistered securities for Woodbridge Mortgage Investments Funds.
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Current Status: Final
Resolution: Agreement and Order
Resolution Date: 04/03/2018
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Civil and Administrative Penalty(ies)/Fine(s)Restitution
Monetary Related Sanction: Restitution
Total Amount: $5,250.00
Portion Levied againstindividual:
$5,250.00
Date Paid by individual: 04/03/2018
Was any portion of penaltywaived?
No
Amount Waived:
Monetary Sanction 1 of 2
Payment Plan:
Is Payment Plan Current: Yes
Monetary Related Sanction: Civil and Administrative Penalty(ies)/Fine(s)
Total Amount: $500.00
Portion Levied againstindividual:
$500.00
Date Paid by individual: 04/03/2018
Was any portion of penaltywaived?
No
Monetary Sanction 2 of 2
Payment Plan:
Is Payment Plan Current: Yes
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Regulator Statement Mr. Kornfeld paid the monetary sanctions and agreed not to solicit or sell securitiesin Idaho unless registered.
Amount Waived:
Disclosure 4 of 5
i
Reporting Source: Regulator
Regulatory Action InitiatedBy:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Sanction(s) Sought: Other: N/A
Date Initiated: 07/07/2010
Docket/Case Number: 3-13960
Employing firm when activityoccurred which led to theregulatory action:
Product Type: No Product
Allegations: SEC RELEASE 34-62466/IA RELEASE 40-3049/JULY 7, 2010: THE SECURITIESAND EXCHANGE COMMISSION ("COMMISSION") DEEMS IT APPROPRIATEAND IN THE PUBLIC INTEREST THAT PUBLIC ADMINISTRATIVEPROCEEDINGS BE, AND HEREBY ARE, INSTITUTED PURSUANT TOSECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGEACT") AND SECTION 203(F) OF THE INVESTMENT ADVISERS ACT OF 1940("ADVISERS ACT") AGAINST BARRY M. KORNFELD ("KORNFELD" OR "RESPONDENT"). ON SEPTEMBER 9, 2009, A JUDGMENT WAS ENTERED BYCONSENT AGAINST KORNFELD, PERMANENTLY ENJOINING HIM FROMFUTURE VIOLATIONS OF SECTION 17(A) OF THE SECURITIES ACT OF 1933("SECURITIES ACT"), AND SECTION 10(B) OF THE EXCHANGE ACT ANDRULE 10B-5 THEREUNDER IN THE CIVIL ACTION ENTITLED SECURITIESAND EXCHANGE COMMISSION V. BARRY M. KORNFELD, ET AL., CIVILACTION NUMBER 9:09-CV-80803, IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF FLORIDA.
Current Status: Final
Resolution: Order
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct? 14�2020 FINRA. All rights reserved. Report about BARRY M. KORNFELD.
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Resolution Date: 07/07/2010
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar (Permanent)
If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?
No
(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?
(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
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Regulator Statement IN ANTICIPATION OF THE INSTITUTION OF THESE PROCEEDINGS,RESPONDENT HAS SUBMITTED AN OFFER OF SETTLEMENT (THE "OFFER")WHICH THE COMMISSION HAS DETERMINED TO ACCEPT. SOLELY FOR THEPURPOSE OF THESE PROCEEDINGS AND ANY OTHER PROCEEDINGSBROUGHT BY OR ON BEHALF OF THE COMMISSION, OR TO WHICH THECOMMISSION IS A PARTY, AND WITHOUT ADMITTING OR DENYING THEFINDINGS HEREIN, EXCEPT AS TO THE COMMISSION'S JURISDICTIONOVER HIM AND THE SUBJECT MATTER OF THESE PROCEEDINGS, AND THEFINDINGS, WHICH ARE ADMITTED, RESPONDENT CONSENTS TO THEENTRY OF THIS ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGSPURSUANT TO SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF1934 AND SECTION 203(F) OF THE INVESTMENT ADVISERS ACT OF 1940,MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS ("ORDER"). INVIEW OF THE FOREGOING, THE COMMISSION DEEMS IT APPROPRIATEAND IN THE PUBLIC INTEREST TO IMPOSE THE SANCTIONS AGREED TO INRESPONDENT KORNFELD'S OFFER. ACCORDINGLY, IT IS HEREBYORDERED: PURSUANT TO SECTION 15(B)(6) OF THE EXCHANGE ACT ANDSECTION 203(F) OF THE ADVISERS ACT, THAT RESPONDENT KORNFELDBE, AND HEREBY IS BARRED FROM ASSOCIATION WITH ANY BROKER,DEALER, OR INVESTMENT ADVISER. ANY REAPPLICATION FORASSOCIATION BY THE RESPONDENT WILL BE SUBJECT TO THEAPPLICABLE LAWS AND REGULATIONS GOVERNING THE REENTRYPROCESS, AND REENTRY MAY BE CONDITIONED UPON A NUMBER OFFACTORS, INCLUDING, BUT NOT LIMITED TO, THE SATISFACTION OF ANYOR ALL OF THE FOLLOWING: (A) ANY DISGORGEMENT ORDERED AGAINSTTHE RESPONDENT, WHETHER OR NOT THE COMMISSION HAS FULLY ORPARTIALLY WAIVED PAYMENT OF SUCH DISGORGEMENT; (B) ANYARBITRATION AWARD RELATED TO THE CONDUCT THAT SERVED AS THEBASIS FOR THE COMMISSION ORDER; (C) ANY SELF-REGULATORYORGANIZATION ARBITRATION AWARD TO A CUSTOMER, WHETHER OR NOTRELATED TO THE CONDUCT THAT SERVED AS THE BASIS FOR THECOMMISSION ORDER; AND (D) ANY RESTITUTION ORDER BY A SELF-REGULATORY ORGANIZATION, WHETHER OR NOT RELATED TO THECONDUCT THAT SERVED AS THE BASIS FOR THE COMMISSION ORDER.
(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
Capacities Affected: ASSOCIATION WITH ANY BROKER, DEALER, OR INVESTMENT ADVISER
Duration: Indefinite
Start Date: 07/07/2010
End Date:
Sanction 1 of 1
Sanction Type: Bar (Permanent)
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Regulator Statement IN ANTICIPATION OF THE INSTITUTION OF THESE PROCEEDINGS,RESPONDENT HAS SUBMITTED AN OFFER OF SETTLEMENT (THE "OFFER")WHICH THE COMMISSION HAS DETERMINED TO ACCEPT. SOLELY FOR THEPURPOSE OF THESE PROCEEDINGS AND ANY OTHER PROCEEDINGSBROUGHT BY OR ON BEHALF OF THE COMMISSION, OR TO WHICH THECOMMISSION IS A PARTY, AND WITHOUT ADMITTING OR DENYING THEFINDINGS HEREIN, EXCEPT AS TO THE COMMISSION'S JURISDICTIONOVER HIM AND THE SUBJECT MATTER OF THESE PROCEEDINGS, AND THEFINDINGS, WHICH ARE ADMITTED, RESPONDENT CONSENTS TO THEENTRY OF THIS ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGSPURSUANT TO SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF1934 AND SECTION 203(F) OF THE INVESTMENT ADVISERS ACT OF 1940,MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS ("ORDER"). INVIEW OF THE FOREGOING, THE COMMISSION DEEMS IT APPROPRIATEAND IN THE PUBLIC INTEREST TO IMPOSE THE SANCTIONS AGREED TO INRESPONDENT KORNFELD'S OFFER. ACCORDINGLY, IT IS HEREBYORDERED: PURSUANT TO SECTION 15(B)(6) OF THE EXCHANGE ACT ANDSECTION 203(F) OF THE ADVISERS ACT, THAT RESPONDENT KORNFELDBE, AND HEREBY IS BARRED FROM ASSOCIATION WITH ANY BROKER,DEALER, OR INVESTMENT ADVISER. ANY REAPPLICATION FORASSOCIATION BY THE RESPONDENT WILL BE SUBJECT TO THEAPPLICABLE LAWS AND REGULATIONS GOVERNING THE REENTRYPROCESS, AND REENTRY MAY BE CONDITIONED UPON A NUMBER OFFACTORS, INCLUDING, BUT NOT LIMITED TO, THE SATISFACTION OF ANYOR ALL OF THE FOLLOWING: (A) ANY DISGORGEMENT ORDERED AGAINSTTHE RESPONDENT, WHETHER OR NOT THE COMMISSION HAS FULLY ORPARTIALLY WAIVED PAYMENT OF SUCH DISGORGEMENT; (B) ANYARBITRATION AWARD RELATED TO THE CONDUCT THAT SERVED AS THEBASIS FOR THE COMMISSION ORDER; (C) ANY SELF-REGULATORYORGANIZATION ARBITRATION AWARD TO A CUSTOMER, WHETHER OR NOTRELATED TO THE CONDUCT THAT SERVED AS THE BASIS FOR THECOMMISSION ORDER; AND (D) ANY RESTITUTION ORDER BY A SELF-REGULATORY ORGANIZATION, WHETHER OR NOT RELATED TO THECONDUCT THAT SERVED AS THE BASIS FOR THE COMMISSION ORDER.
Disclosure 5 of 5
i
Reporting Source: Regulator
Regulatory Action InitiatedBy:
FINRA
Sanction(s) Sought:
Other Sanction(s) Sought:
Date Initiated:17�2020 FINRA. All rights reserved. Report about BARRY M. KORNFELD.
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Date Initiated: 12/16/2008
Docket/Case Number: 2007009594001
Employing firm when activityoccurred which led to theregulatory action:
BROOKSTREET SECURITIES CORPORATION
Product Type: No Product
Other Product Type(s):
Allegations: NASD RULES 2110 AND 8210: RESPONDENT FAILED TO APPEAR TO GIVESWORN TESTIMONY IN CONNECTION WITH A FINRA INVESTIGATION.
Current Status: Final
Resolution: Acceptance, Waiver & Consent(AWC)
Resolution Date: 12/16/2008
Sanctions Ordered:
Other Sanctions Ordered:
Sanction Details: WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENTCONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OFFINDINGS; THEREFORE, HE IS BARRED FROM ASSOCIATION WITH ANYFINRA MEMBER IN ALL CAPACITIES.
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar
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Civil - Final
This type of disclosure event involves an injunction issued by a court in connection with investment-related activity or a finding by a court of aviolation of any investment-related statute or regulation.
Disclosure 1 of 2
Reporting Source: Regulator
Initiated By: UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Relief Sought: Civil and Administrative Penalty(ies)/Fine(s)DisgorgementInjunctionMonetary Penalty other than Fines
Date Court Action Filed: 08/20/2018
Product Type: Other: unregistered securitie; ponzi scheme
Employing firm when activityoccurred which led to theaction:
Woodbridge Group of Companies LLC
The Securities and Exchange Commission ("Commission") alleges that from atleast April 2013 through December 2017, the Defendants in this action served asunregistered brokers on behalf of Woodbridge Group of Companies LLC and itsaffiliates ("Woodbridge"), raising almost $100 million from the offer and sale ofunregistered securities to over 1,100 retail investors located throughout the UnitedStates. The Defendants, all based in Florida, collectively earned more than $5.8million in transaction-based sales commissions. The Defendants utilized severalmarketing techniques, including advertising on television, radio, newspapers,email, social media, and pitching investors at in-person meetings and investmentseminars, routinely touting Woodbridge's securities as "safe and secure."Unbeknownst to the Defendants' customers, many of whom had invested theirretirement savings in response to the Defendants' marketing techniques,Woodbridge was actually operating a massive Ponzi scheme, raising more than$1.2 billion before collapsing in December 2017 and filing for bankruptcy. OnceWoodbridge filed for bankruptcy, investors stopped receiving their monthly interestpayments, and have not received a return of their investment principal. At allrelevant times, the Defendants held no securities licenses, were not registered withthe Commission, and were not associated with registered broker-dealers, nor didthey qualify for an exemption. The Defendants were thus not permitted to sellsecurities. In addition, Defendant Barry M. Kornfeld was subject to a Commissionorder barring him from associating with a broker. By engaging in this conduct theDefendants each violated Sections 5(a) and 5(c) of the Securities Act of 1933("Securities Act"), and Section 15(a)(1) of the Securities Exchange Act of 1934("Exchange Act"). Defendant Barry M. Kornfeld also violated Section 15(b)(6)(B)(i)of the Exchange Act.
Allegations:
Type of Court: Federal Court
Name of Court: United States District Court for the Southern District of Florida
Location of Court: Southern District of Florida
Docket/Case #: 1:18-cv-23369
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The Securities and Exchange Commission ("Commission") alleges that from atleast April 2013 through December 2017, the Defendants in this action served asunregistered brokers on behalf of Woodbridge Group of Companies LLC and itsaffiliates ("Woodbridge"), raising almost $100 million from the offer and sale ofunregistered securities to over 1,100 retail investors located throughout the UnitedStates. The Defendants, all based in Florida, collectively earned more than $5.8million in transaction-based sales commissions. The Defendants utilized severalmarketing techniques, including advertising on television, radio, newspapers,email, social media, and pitching investors at in-person meetings and investmentseminars, routinely touting Woodbridge's securities as "safe and secure."Unbeknownst to the Defendants' customers, many of whom had invested theirretirement savings in response to the Defendants' marketing techniques,Woodbridge was actually operating a massive Ponzi scheme, raising more than$1.2 billion before collapsing in December 2017 and filing for bankruptcy. OnceWoodbridge filed for bankruptcy, investors stopped receiving their monthly interestpayments, and have not received a return of their investment principal. At allrelevant times, the Defendants held no securities licenses, were not registered withthe Commission, and were not associated with registered broker-dealers, nor didthey qualify for an exemption. The Defendants were thus not permitted to sellsecurities. In addition, Defendant Barry M. Kornfeld was subject to a Commissionorder barring him from associating with a broker. By engaging in this conduct theDefendants each violated Sections 5(a) and 5(c) of the Securities Act of 1933("Securities Act"), and Section 15(a)(1) of the Securities Exchange Act of 1934("Exchange Act"). Defendant Barry M. Kornfeld also violated Section 15(b)(6)(B)(i)of the Exchange Act.
Current Status: Final
Resolution: Judgment Rendered
Resolution Date: 01/10/2019
Sanctions Ordered or ReliefGranted:
Civil and Administrative Penalty(ies)/Fine(s)DisgorgementInjunctionMonetary Penalty other than FinesOther: Prohibition
Capacities Affected: N/A
Duration: Permanent
Start Date: 01/10/2019
End Date:
Capacities 1 of 1
Monetary Sanction: Disgorgement
Total Amount: $3,693,359.00
Portion against individual: 3693359
Date Paid:
Portion Waived: No
Amount Waived:
Monetary Sanction 1 of 3
Monetary Sanction: Monetary Fine
Total Amount: $500,000.00
Portion against individual: 500000
Date Paid:
Portion Waived: No
Monetary Sanction 2 of 3
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Regulator Statement On January 10, 2019, a judgement as to Barry M. Kornfeld was filed. Kornfeld ispermanently restrained and enjoined from violating Section 5 of the Securities Actof 1933 (Securities Act). Kornfeld is permanently restrained and enjoined fromviolating, directly or indirectly, Sections 15(a)(1) and 15(b)(6)(B)(i) of the SecuritiesExchange Act of 1934 (Exchange Act). Kornfeld is prohibited from, directly orindirectly, including through any entity he owns or controls, participating in theissuance, offer, purchase or sale of any securities except for transactions involvinghis own personal brokerage account and participating in the management,administration, supervision of, or otherwise exercising any control over, anycommercial enterprise or project that issues, purchases or sells securities.Kornfeld is required to comply with the provisions of the Commission's Order,permanently barring him from association with any broker, dealer, or investmentadviser. Kornfeld is liable for disgorgement of $3,693,359, together withprejudgment interest thereon in the amount of $690,497.48, jointly and severallywith Ferne Kornfeld and FEK Enterprises, Inc., d/b/a First Financial Tax Group("First Financial"); and a civil penalty in the amount of $500,000.
Portion Waived: No
Amount Waived:
Monetary Sanction: prejudgement interest; joint and several
Total Amount: $690,497.48
Portion against individual: 690497.48
Date Paid:
Portion Waived: No
Amount Waived:
Monetary Sanction 3 of 3
Disclosure 2 of 2
i
Reporting Source: Regulator
Initiated By: UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Relief Sought: Civil and Administrative Penalty(ies)/Fine(s)DisgorgementInjunctionMonetary Penalty other than Fines
Date Court Action Filed: 05/28/2009
Product Type: Other: COLLATERALIZED MORTGAGE OBLIGATIONS (CMOS)
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Employing firm when activityoccurred which led to theaction:
BROOKSTREET SECURITIES CORP.
SEC LITIGATION RELEASE 21061, MAY 28, 2009: SECTION 17(A) OF THESECURITIES ACT AND SECTION 10(B) OF THE EXCHANGE ACT AND RULE10B-5 THEREUNDER - THE SECURITIES AND EXCHANGE COMMISSIONCHARGED TEN BROKERS WITH FRAUD RELATED TO MORTGAGE BACKEDSECURITIES KNOWN AS COLLATERALIZED MORTGAGE OBLIGATIONS("CMOS"). THE TEN BROKERS HAD ALL WORKED FOR A NOW DEFUNCTBROKER-DEALER. THE BROKERS ALLEGEDLY REPRESENTED TO THEIRCUSTOMERS THAT THE SECURITIES WERE SAFE AND SUITABLE FORRETIREES AND CONSERVATIVE INVESTORS, WHEN IN FACT THEY WERENOT. THE COMMISSION ALLEGES THAT BARRY M. KORNFELD AND OTHERSDEFRAUDED OVER 750 CUSTOMERS BY SELLING THEM RISKY TYPES OFCMOS BETWEEN 2004 AND 2007.ACCORDING TO THE COMMISSION'S COMPLAINT, THE DEFENDANTS TOLDTHEIR CUSTOMERS THAT THE CMOS IN WHICH THEY WOULD INVESTWERE SAFE, SECURE, LIQUID INVESTMENTS THAT WERE SUITABLE FORRETIREES AND INVESTORS WITH CONSERVATIVE INVESTMENT GOALS.THE COMPLAINT ALLEGES THAT CONTRARY TO THESEREPRESENTATIONS, THE DEFENDANTS INVESTED IN RISKY TYPES OFCMOS THAT: (1) WERE NOT ALL GUARANTEED BY THE UNITED STATESGOVERNMENT; (2) JEOPARDIZED CUSTOMERS' YIELD AND PRINCIPAL; (3)WERE LARGELY ILLIQUID; AND (4) WERE ONLY SUITABLE FORSOPHISTICATED INVESTORS WITH A HIGH-RISK INVESTMENT PROFILE.THE COMPLAINT ALLEGES THAT THE DEFENDANTS RECEIVED $18 MILLIONIN COMMISSIONS AND SALARIES RELATED TO CMO INVESTMENTS. THECOMPLAINT ALSO ALLEGES THAT SOME DEFENDANTS TOLD CUSTOMERSTHAT THEY WOULD USE MARGIN, OR THE ABILITY TO BORROW MONEY TOPURCHASE CMOS, ONLY SPARINGLY, WHEN IN FACT THEY HEAVILYMARGINED CUSTOMERS' ACCOUNTS, RESULTING IN LOSSES OF OVER $36MILLION.
Allegations:
Current Status: Final
Resolution: Judgment Rendered
Resolution Date: 09/11/2009
Sanctions Ordered or ReliefGranted:
InjunctionOther: PERMANENTLY RESTRAINED
Type of Court: Federal Court
Name of Court: U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Location of Court: WEST PALM BEACH, FLORIDA
Docket/Case #: CIVIL ACTION NO. 09-80803-CIV
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Sanctions Ordered or ReliefGranted:
Regulator Statement JUDGMENT OF PERMANENT INJUNCTION RENDERED SEPTEMBER 11, 2009BY THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA:BARRY M. KORNFELD CONSENTED TO ENTRY OF FINAL JUDGMENTWITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE COMPLAINT;IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT DEFENDANTKORNFELD IS PERMANENTLY RESTRAINED AND ENJOINED FROMVIOLATING SECTION 17(A) OF THE SECURITIES ACT OF 1933, 15 U.S.C. 77Q(A), IN THE OFFER OR SALE OF ANY SECURITY; IS PERMANENTLYRESTRAINED AND ENJOINED FROM VIOLATING, DIRECTLY OR INDIRECTLY,SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934, 15 U.S.C. 78J(B), AND RULE 10B-5 THEREUNDER, 17 C.F.R. 240.10B-5; KORNFELD SHALLPAY DISGORGEMENT OF ILL-GOTTEN GAINS, PREJUDGMENT INTERESTTHEREON, AND A CIVIL PENALTY; THE COURT SHALL DETERMINE THEAMOUNTS OF THE DISGORGEMENT AND CIVIL PENALTY UPON MOTION OFTHE COMMISSION. THE CONSENT IS INCORPORATED WITH THE SAMEFORCE AND EFFECT AS IF FULLY SET FORTH HEREIN AND KORNFELDSHALL COMPLY WITH ALL OF THE UNDERTAKINGS AND AGREEMENTS. IT ISFURTHER ORDERED, ADJUDGED, AND DECREED THAT THIS COURT SHALLRETAIN JURISDICTION OF THIS MATTER FOR THE PURPOSES OFENFORCING THE TERMS OF THIS JUDGMENT.
InjunctionOther: PERMANENTLY RESTRAINED
Capacities Affected: N/A
Duration: PERMANENTLY
Start Date: 09/11/2009
End Date:
Capacities 1 of 1
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Customer Dispute - Award / Judgment
This type of disclosure event involves a final, consumer-initiated, investment-related arbitration or civil suit containing allegations of sales practiceviolations against the named broker that resulted in an arbitration award or civil judgment for the customer.
Disclosure 1 of 1
Reporting Source: Regulator
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
MERRILL LYNCH, PIERCE, FENNER & SMITH
MISREPRESENTATION; UNAUTHORIZED TRADING;ACCOUNT RELATED-NEGLIGENCE; OTHER
Product Type: Other
Other Product Type(s): UNKNOWN TYPE OF SECURITIES
Alleged Damages: $1,935.00
Arbitration/Reparation Claimfiled with and Docket/CaseNo.:
NASD - CASE #91-01678
Date Notice/Process Served: 06/05/1991
Arbitration Pending? No
Disposition: Award
Disposition Date: 12/18/1991
Disposition Detail: RESPONDENTS ARE JOINTLY AND SEVERALLY LIABLE TO THE CLAIMANTSAND SHALL PAY TO THE CLAIMANTS COMPENSATORY DAMAGES IN THEAMOUNT OF $835.44, INTEREST IS AWARDED ON THIS AMOUNT AT A RATEOF 8% SIMPLE INTEREST PER ANNUM FROM JULY 17, 1990 UNTIL THEDATE THIS AWARD IS PAID. CLAIMANT'S REQUEST FOR PUNITIVEDAMAGES IS DENIED IN ITS ENTIRETY.
Arbitration Information
iReporting Source: Firm
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
MERRILL LYNCH, PIERCE, FENNER & SMITH
CUSTOMERS CLAIM MISREPRESENTATION ANDUNSUITABILITY IN CONNECTION WITH AN INVESTMENT. CUSTOMERSSOUGHT $1,935.44 IN COMPENSATORY DAMAGES AND $60,000 INPUNITIVE DAMAGES. 24�2020 FINRA. All rights reserved. Report about BARRY M. KORNFELD.
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CUSTOMERS CLAIM MISREPRESENTATION ANDUNSUITABILITY IN CONNECTION WITH AN INVESTMENT. CUSTOMERSSOUGHT $1,935.44 IN COMPENSATORY DAMAGES AND $60,000 INPUNITIVE DAMAGES.
Product Type:
Alleged Damages: $1,935.00
Date Complaint Received:
Complaint Pending? No
Status:
Status Date:
Settlement Amount:
Individual ContributionAmount:
Arbitration/Reparation Claimfiled with and Docket/CaseNo.:
National Association of Securities Dealers, Inc.; 91-01678
Date Notice/Process Served: 06/05/1991
Arbitration Pending? No
Disposition: Award to Customer
Disposition Date: 12/18/1991
Monetary CompensationAmount:
$835.44
Firm Statement CLAIMANTS WERE AWARDED $835.44 PLUS INTEREST ATARBITRATION.DESPITE THE ARBITRATION AWARD, MERRILL LYNCHBELIEVES THE INVESTMENT WAS SUITABLE.
Customer Complaint Information
Arbitration Information
Individual ContributionAmount:
Arbitration/Reparation
iReporting Source: Broker
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
MERRILL LYNCH, PIERCE, FENNER & SMITH
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Allegations: ALLEGED: MISREPRESENTATION; UNAUTHORIZEDTRADING; ACCOUNT RELATED- NEGLIGENCE ON COMMON STOCK;MUTUALFUNDS-ALLEGED DAMAGES: $1,935.00
Product Type: Mutual Fund(s)
Alleged Damages: $1,935.00
Date Complaint Received: 06/05/1991
Complaint Pending? No
Status:
Status Date: 12/18/1991
Settlement Amount:
Individual ContributionAmount:
Arbitration/Reparation Claimfiled with and Docket/CaseNo.:
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.; 91-01678
Date Notice/Process Served: 06/05/1991
Arbitration Pending? No
Disposition: Award to Customer
Disposition Date: 12/18/1991
Monetary CompensationAmount:
$835.44
Broker Statement ACTUAL/COMPENSATORY DAMAGES, RELIEF HAS BEENAWARED IN THE AWARD AMOUNT OF $835.44 JOINTLY AND SEVERALLY.NOT PROVIDED
Customer Complaint Information
Arbitration Information
Individual ContributionAmount:
Arbitration/Reparation
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