Securities Fraud Lawyer Blog
In November, 2015, the Financial Industry Regulatory Authority (“FINRA”) announced that registered representative Matt Schomburg of Houston, Texas and formerly associated with State Frm VP Management submitted a letter of Acceptance, Waiver and Consent in which he was assessed a deferred fine of $15,000 and suspended from association with any FINRA member in any capacity for six months. Without admitting or denying the findings, Schomburg consented to the sanctions and to the entry of findings that he engaged in private securities transactions without first providing prior written notice to his member firm.
The findings stated that Matt Schomburg made personal investments totaling approximately $12,500 in a limited liability company formed for the purpose of investing in a medical appliance enterprise and in a Texas-based bank. Schomburg failed to give the requisite notice to the firm until he disclosed the investments to his securities supervisor during the course of his annual branch audit.
The findings also stated that Matt Schomburg engaged in outside business activities without providing prior and/or prompt written notice to the firm. Schomburg did not update his outside business activity disclosures to reflect the company or request approval to engage in any outside business activities with the company until he disclosed the company’s existence and name change to his securities supervisor during the course of his annual branch audit.
The findings also included that Schomburg forged the signatures of insurance customers on numerous insurance forms, and permitted his insurance employees to forge insurance customers’ signatures on numerous insurance forms as an accommodation to customers when it was inconvenient for the customers to sign the documents themselves and with the customers’ knowledge and authorization.
The suspension is in effect from October 5, 2015, through April 4, 2016
Matt Schomburg’s registration and disciplinary history
In order to lawfully sell investments to the public, one must either be registered or exempt from registration.
Matt Schomburg was registered with:
According to FINRA’s CRD disclosure report, Matt Schomburg has been the subject of one regulatory investigation.
The Law Office of David Liebrader practices exclusively in the field of investment loss recovery. For the past 23 years, we have dedicated our law practice to assisting investors who have been victims of investment fraud via fraudulent and unsuitable investment transactions. During that time we have recovered money for over one thousand individuals, pension plans, trusts and companies. The recoveries we have obtained via judgments, awards and settlements on behalf of our clients exceed $40,000,000.
When investors contact our firm they can expect prompt attention, and a detailed analysis of their issues. Typical claims that we are asked to review involve “unsuitability (where a financial advisor makes investment recommendations that are inconsistent with a customer’s investment objectives), claims for “churning” (where a broker enters into an excessive number of trades for the purpose of generating commissions), claims involving illiquid investments such as private placements (I.e., real estate investment trusts, limited partnerships, equipment leasing and oil and gas drilling programs) as well as claims for violations of state securities laws, which often provide investors remedies like attorney’s fees and interest, if they are successful on the claim.
Since a Supreme Court ruling in the 1980s, most investment related disputes between brokerage firms and their customers have been filed in an arbitration forum hosted by FINRA Dispute Resolution. FINRA, along with the SEC, serves as a securities industry “watchdog” and regulator. Most brokerage firms require their clients to sign binding arbitration agreements, mandating that any disputes between them be arbitrated at FINRA.
Investors pursuing claims at FINRA typically advance claims related to suitability. FINRA rules require that all registered representatives make suitable investment recommendations to their clients. Other claims are based on negligence or breach of fiduciary duty, while another category includes claims based on misrepresentations and fraud. Most claims filed with FINRA are resolved within 15 months, and oftentimes, the cases are resolved via settlement or mediation in under a year.
FINRA’s rules require that all investment recommendations made by licensed financial advisors be suitable in light of a customer’s needs, objectives and risk tolerance. In addition, all registered representatives are required to be properly supervised, with periodic inspections and reviews by qualified supervisors, whose job it is to vigorously investigate suspicions of wrongdoing (red flags).
If you suspect that you have been the victim of investment fraud, or had a financial advisor recommend unsuitable investments to you, call us today for a free, confidential consultation at (702) 380-3131.