Finra panel bars broker for defrauding elderly client

Rep ordered to pay $245,000 in fines and restitution; Legend Securities fined $200,000.
NOV 09, 2017

The Financial Industry Regulatory Authority has barred broker Hank Mark Werner of Northport, N.Y., for fraudulently churning and excessively trading the accounts of a blind, elderly widow and for making unsuitable recommendations. The Finra hearing panel also ordered Mr. Werner to pay more than $155,000 in restitution to the widow, fined him $80,000 and ordered disgorgement of more than $10,000 representing commissions received for recommending the purchase of an unsuitable variable annuity. The decision resolves charges brought by Finra in August 2016.​ Finra also said that Legend Securities, the firm that supervised Mr. Werner and was named in an amended disciplinary complaint, failed to respond. As a result, it was held in default, and Finra censured and fined the firm $200,000. Finra charged that Legend failed to reasonably supervise Mr. Werner, which allowed him to engage in churning his customer's account. Finra said that Legend voluntarily paid $20,000 in partial restitution to the customer. According to a Finra release, Mr. Werner engaged in more than 700 trades from October 2012 to December 2015, generating approximately $210,000 in commissions while the customer — who was 77 and in ill health — lost more than $175,000 as a result of his "reckless trading." The decision also noted that it was apparent to the hearing panel that "Werner took advantage of [the customer's] vulnerability after her husband died in September 2012. Werner's sole motivation was to use [the customer's] accounts to generate commissions to cover his financial liabilities, not make money for his client."

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