Finra bars ex-Cetera rep who used clients’ money for own family's investments

Finra bars ex-Cetera rep who used clients’ money for own family's investments
The broker, Marianne O'Shee Smith, a 34-year veteran of the securities industry, used $45,100 she had received from three customers, all senior citizens.
APR 06, 2022

The Financial Industry Regulatory Authority Inc. Tuesday barred a former broker at Cetera Advisors who used customer checks totaling $45,100 not for the clients but to buy mutual fund shares for someone from her own family.

The broker, Marianne O'Shee Smith, is a 34-year veteran of the securities industry and had been registered with Cetera Advisors from 2016 to 2021, according to her BrokerCheck report.

Cetera Advisors reported to Finra last June that Smith had been discharged, or fired, in connection with the firm's investigation into her depositing of customer checks into accounts maintained by a third party, according to the Finra settlement, which Smith agreed to without admitting or denying the findings.

An attorney for Smith, Vander Beatty, an associate with Mound Cotton Wollan & Greengrass, didn't respond to a phone call by deadline. A spokesperson for Cetera Financial Group, one of the largest networks of broker-dealers in the industry, declined to comment.

According to Finra, from January 2018 to February 2021, three Cetera Advisors customers gave Smith 10 checks totaling $45,100 that were payable to a mutual fund company affiliated with the firm.

The customers, all of whom were senior citizens, directed Smith to use the checks to fund their mutual fund investments, according to Finra. Instead, she used the checks, without the customers' knowledge or consent, to purchase mutual fund shares for a family member.

After the discovery of Smith's misconduct, the customers were reimbursed in full, Finra noted.

Latest News

Fed's Bowman pushes for lighter-touch AI oversight at smaller firms
Fed's Bowman pushes for lighter-touch AI oversight at smaller firms

Supervision vice chair speaks following recent launch of AI adoption practices by regulators.

Why fixed income still belongs in your clients' portfolios
Why fixed income still belongs in your clients' portfolios

In an era of AI euphoria and market FOMO, getting back to basics with fixed income may be the most contrarian and most important move advisors can make.

Voya expands advisor managed accounts to add private market assets
Voya expands advisor managed accounts to add private market assets

Voya Financial adds private equity, credit and real estate options to its AMA program, building on support for looser federal investment rules in retirement accounts.

With executives leaving, Osaic’s Reid now in the spotlight
With executives leaving, Osaic’s Reid now in the spotlight

Shannon Reid, president of Osaic and the network’s number two executive, has plenty of challenges, industry executives said.

Investors sue crypto fund and platform, alleging $1.5 million never returned
Investors sue crypto fund and platform, alleging $1.5 million never returned

Auditors flagged the commingling. The COO allegedly knew. Investors kept getting the pitch

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.