SAMPLE
CONSTANT PATROL™ SUBSCRIPTION UPDATE
As
a Constant Patrol subscription customer, you
receive the highest level of protection that
IW offers: monthly update reports, weekly searches
of the IW database, immediate notification of
new information, a subscription to the Investor’s
Watchdog Sentinel ,and one QualifEye™ Analysis
annually, allowing you to track developments
in any non-registered investment.
Broker
Name:
John B. Seller
This
Broker Currently Works For:
Mode Securities, Inc.
Since
the last report, have we found out anything
else about him?
Mr. Seller has moved from Savannah,
Georgia to Hilton Head, South Carolina. Property
records show that he sold his home for $550,000
and bought his new home for $1.1 million.
Since the last report he has
started a new business called, Millionaire Brokers,
LLC.
(1) Yes.
Mr. Seller left Median Brokers, Inc. in June
2007, and moved to Mode Securities, Inc. NASD
records indicated that he was terminated by
Median. By the time we send you your next Constant
Patrol report, more details of the circumstances
of the termination should be available.
Yes. Since the last report, the two arbitration
actions identified in earlier Constant Patrol
reports have been resolved. Each alleged that
Mr. Seller engaged in unsuitable variable annuity
sales (see glossary). Median settled one of
those actions for $240,000
(2). An arbitration panel in the other
case entered an award against Mr. Seller and
Median in the amount of $145,000 (3).
In light of these developments,
Investor’s Watchdog recommends that the customer
review her account carefully for signs of unauthorized
trading and/or churning and bring any problems
to the attention of the Mode compliance department
whose address is 123 Trust Avenue, Tampa, Florida,
34567. If the customer needs legal advice, IW
can recommend an attorney experienced in such
matters. Call IW toll free at 866-423-WDOG (9364)
for a referral.
Since
the last report, has anything changed about
Mr. Seller’s firm?
Mr. Seller’s new firm, Mode
is an independent broker-dealer headquartered
in Tampa. Mode has been sanctioned numerous
times in the past ten years, and twice since
the last Constant Patrol report.
In July 2007, the U.S.
Securities and Exchange Commission
issued a cease-and-desist order against Mode
alleging that its research reports were inaccurate
due to conflicts of interest concerning Mode’s
desire to gain investment banking business from
companies on which its analysts issued opinions.
Also in July 2007, the
NASD censured and fined Mode
$1 million for failing to timely file 600 amendments
to Forms U4 and U5 which, if timely filed, would
have put the public on notice of 600 additional
regulatory actions or criminal actions by Mode
representatives.
(4)
In light of the forgoing, IW has lowered Mr.
Seller’s IW score to 42
on a scale of 40 to 80. This is a five point
drop from the initial Broker Safety Score of
47.
A score of 40 indicates a broker that, in IW’s
opinion, the client should avoid altogether.
A score of 80 indicates a broker who has been
tested by bear markets and yet has no customer
complaints, no disciplinary history, no negative
information in the IW database, and no areas
that raise concern for a former SEC Enforcement
Branch Chief.
Your next Constant
Patrol Subscription Update will be generated
on August 15, 2007.
You will receive
the next issue of the Investor’s Watchdog Sentinel
by October 31, 2007.
You have not
yet used your QualifEye analysis this year.
Be sure to let IW investigate any non-registered
investment before you invest.
(1) Facts reported
to the customer by telephone and email on June
29, 2007.
(2) Facts reported
to the customer by telephone and email on June
30, 2007.
(3) Facts reported
to the customer by telephone and email on June
30, 2007.
(4)
IW rates brokers on a 40 to 80 scale with a
higher score reflecting IW’s opinion, based
on historical information, that the investor’s
assets are safe from intentional or reckless
misconduct by the broker or his firm. IW expresses
no opinion on the value of the customer’s investments
or on the broker’s investment selection ability.
A single new fact can radically change the IW
score and indicate a need for immediate action.
For timelier notification of red flags, please
consider upgrading to IW’s Constant Patrol™
subscription.