Ex-LPL broker's lawsuit alleges back-office snafus

She claims LPL informed her previous broker-dealer prematurely that she was leaving the firm.
APR 25, 2018

A new lawsuit from a former LPL Financial adviser in New Hampshire who was fired in 2016 highlights a variety of alleged back office and service problems at the mega firm as it continues to pursue potential acquisitions of major broker-dealer rivals. The adviser, Marilyn Genery, in a complaint filed in Rockingham County Courthouse last month alleged defamation, breach of contract, economic duress, as well as other complaints, against the firm which she joined in March 2015 and was then fired from in November 2016. On Tuesday, Ms. Genery's complaint was moved to federal court in New Hampshire. LPL advisers for years have grumbled at the firm's service as the firm has grown in fits and starts to become a behemoth, now with over 15,210 brokers and advisers. And LPL is looking to continue its growth; last August, it bought the four National Planning Holdings IBDs and many on Wall Street and the financial advice industry are keeping a close eye on LPL's potential ambitions to buy rival Cetera Financial Group. Ms. Genery did not return a call to comment at her new firm, Oakmont Partners, a registered investment adviser. A spokesman for LPL, Jeff Mochal, declined to comment. Ms. Genery's lawsuit paints a portrait of an LPL back office that is out of step when moving an adviser to the firm. Registered with Commonwealth Financial Network since 2002, Ms. Genery generated approximately $550,000 annually in income when she was "exploring establishing" a working relationship with LPL in the first few months of 2015, according to the complaint. That's when LPL bungled her transition, the complaint alleges. Before she agreed to engage LPL as her broker-dealer, "LPL informed [Ms. Genery] that LPL had wrongfully disclosed to [Commonwealth Financial Network] that [Ms. Genery] would be terminating her contractual relationship" with Commonwealth, according to the complaint. "Such a disclosure, prior to her making such a decision, had catastrophic consequences," the complaint alleges. Commonwealth Financial Network now had the ability to terminate Ms. Genery and hold her license for 30 days, giving the firm time to pick off her clients. She then allegedly signed on to register with LPL "under duress." Once at LPL, where her income eventually climbed to $675,000, she and her advisory firm, Genery Wealth Management, encountered a lack of training in firm policies and procedures and discovered "the woeful state of LPL technology, starting with the simple tasks of form generation through the securities trading platform," according to the complaint. Those issues resulted in an alleged loss of clients for Ms. Genery. Her problems at LPL culminated in the fall of 2016 when Ms. Genery reported a broker under her supervision for forging a client's signature, resulting in the firing of that broker, who had "significant connections in the securities industry," according to the complaint. In November 2016, LPL fired Ms. Genery for "violations of the firm's document signature policy," according to her BrokerCheck profile. "The combined effect of not providing proper notice of termination and the false reporting with regard to LPL's signature policy caused [Ms. Genery and her firm] to lose all of their clients," according to the complaint.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.