Tag Archives: Finra

FINGERPRINT THEN RECORD FINANCIAL “CONSULTANTS” PRINTS WITH LAW ENFORCEMENT

1 Mar

ALLLLLLL financial advisors, brokers should have their fingerprints on file with Law Enforcement. In that Fingerprinting is part of the U4 process, the sending the fingerprints of people who manage other peoples money will be simple enough AND a step to mitigate theft of investment client monies, getting Investment clients around the block that FINRA has between Investment client crimes and Investment management criminals FINRA does not report to Law Enforcement. Bernie Madoff said “they knew.” How long did “they” know before Law enforcement found out….

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LORETTA LYNCH’S NOMINATION HINGES ON CODE OF LAWYER RESPONSIBILITY…

22 Jan

Loretta Lynch’s nomination as US Attorney General is nothing about minutia. Loretta’s nomination hinges on Ms. Lynch being a lawyer operating under a Code Of Professional Responsibility. It’s not rocket science. It’s like being a little bit pregnant. Either someone is pregnant or they are not.

Either Ms. Lynch has upheld conducted herself under New York state Code Of Professional Responsibility or not. Yes? Thumbs up. No? Thumbs down, next, when it comes to weighing the nomination of an individual sworn to enforce the Law, when Oaths are taken along the way, and sworn to. This same benchmark applies to lawyers who become Presidents, beggaring the question, is this individual compliant with Oaths sworn to along their way.

That said, with Congress, too often, filled with lawyers warming hearing benches, and Judges, to be reminded, if their law licenses are active, alot is at stake for them, too.

Law is about Ethics not rhetoric. Congress is increasingly moreso about rhetoric not ethics nor about thinking versus tweeting.

Let’s do Loretta, here. Let us approach her nomination on an even playing field, not upon what is written online, or isn’t.

Ms. Lynch is a New York lawyer. New York lawyers are guided by Rules of Ethics, as is Attorney Eric Holder, guided by Rules of Ethics, in his case DC law, having moved from being a DC Judge in to Top Dog seat at the Department of Justice.

Ms. Lynch, as a lawyer, is answerable to 74 pages of New York Lawyer’s Code of Professional Responsibility (Updated Through December 28, 2007) (http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638)

Pages 1-4 adress the Canons:

CANON 1. A LAWYER SHOULD ASSIST IN MAINTAINING THE INTEGRITY AND COMPETENCE OF THE LEGAL PROFESSION…………….. 8

CANON 2. A LAWYER SHOULD ASSIST THE LEGAL PROFESSION IN FULFILLING ITS DUTY TO MAKE LEGAL COUNSEL AVAILABLE ……………………………………………………………………………………………. 16

CANON 3. A LAWYER SHOULD ASSIST IN PREVENTING THE UNAUTHORIZED PRACTICE OF LAW ………………………………………….. 39

CANON 4. A LAWYER SHOULD PRESERVE THE CONFIDENCES AND SECRETS OF A CLIENT……………………………………….. 41

CANON 5. A LAWYER SHOULD EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT ON BEHALF OF A CLIENT…………………………………………………………………………………………

CANON 6 A LAWYER SHOULD REPRESENT A CLIENT COMPETENTLY…………………………………………………………………………………..

CANON 7 A LAWYER SHOULD REPRESENT A CLIENT ZEALOUSLY WITHIN THE BOUNDS OF THE LAW…………………………….. 56

CANON 8. A LAWYER SHOULD ASSIST IN IMPROVING THE LEGAL SYSTEM …………………………………………………………………………. 68

CANON 9. A LAWYER SHOULD AVOID EVEN THE APPEARANCE OF PROFESSIONAL IMPROPRIETY……………………………. 70

THE PREAMBLE says The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity of the individual through reason for enlightened self-government. Law so grounded makes justice possible, for only through such law does the dignity of the individual attain respect and protection. Without it, individual rights become subject to unrestrained power, respect for law is destroyed, and rational self-government is impossible.

Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct. In fulfilling professional responsibilities, a lawyer necessarily assumes various roles that require the performance of many difficult tasks. Not every situation which the lawyer may encounter can be foreseen, but fundamental ethical principles are always present for guidance. Within the framework of these principles, a lawyer must with courage and foresight be able and ready to shape the body of the law to the ever-changing relationships of society. The Code of Professional Responsibility points the way to the aspiring and provides standards by which

to judge the transgressor. Each lawyer’s own conscience must provide the touchstone against which to test the extent to which the lawyer’s actions should rise above minimum standards. But in the last analysis it is the desire for the respect and confidence of the members of the profession and of the society which the lawyer serves that should provide to a lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and confidence is the ultimate sanction. So long as its practitioners are guided by these principles, the law will continue to be a noble profession. This is its greatness and its strength, which permit of no compromise.”

The PRELIMINARY STATEMENT states, “The Code of Professional Responsibility consists of three separate but interrelated parts: Canons, Ethical Considerations, and Disciplinary Rules. The Code is designed to be both an inspirational guide to the members of the profession and a basis for disciplinary action when the conduct of a lawyer falls below the required minimum standards stated in the Disciplinary Rules… A lawyer should ultimately be responsible for the conduct of the lawyer’s employees and associates in the course of the professional representation of the client.”

A case being circulated against Ms. Lynch’s nomination is being approached from one POV, point of view. There is another consideration of approach to be taken far more seriously, off focus of this man. The system. Not this man. The question. How did this man come to be even of issue? Who allowed him and people like him to happen. Recall what Bernie Madoff said, they knew.

There is a legal concept called Respondeat Superior, top dog liability. As top legal beagle in New York, as a lawyer, it was/is Ms. Lynch’s responsibility to protect Main Street, knowingly or unknowingly isn’t even debatable here. The line Main Street gets from law enforcement is Ignorance of the law isn’t an allowable excuse. Even to Ms. Lynch. And, to Legislators arguing Wall Street in the House and the Senate.

Five letters. FINRA. Three letters. SRO.

The application of those eight, 8, letters here is that Ms. Lynch’s office, along with other US Attorney offices across the country have allowed Financial Crime to continue, harming Main Street. Quick tutorial. Watch the television show AMERICAN GREED. Then, next, recall what Bernie Madoff said, THEY KNEW. They? The company he worked for. FINRA.

It wasn’t until Madoff’s crimes hit the desk of an attorney, somewhere, did these crimes, repeated throughout Wall Street on unsuspecting Main Street, hit the news. Bad US Attorney. Someone should have figured this din of thieving out a lot sooner.

FINRA is a self regulating organization, which means spit. As a self-regulating organization FINRA writes By-laws, Rules and Codes of Procedure FINRA purports to bind its members too. Members? Yes. As an IRS non-profit category BUSINESS LEAGUE, same category as Chambers and football leagues, FINRA members pay FINRA money to belong. FINRA members are Brokers and Brokerages, not Investment Advisors and, most clearly, not Investors. Somehow for decades, FINRA and its predecessor the NASD, hornswaggled Investors in to believing (a) complaints against the Financial Consultant had to be addressed in FINRA arbitration/mediation and (b) that once addressed within FINRA arbitration that (i) a confidentiality agreement had to be signed so the matter was not discussed (ii) to get payment of pennies on the dollar of the stolen funds back that the Investor had to sign an agreement to have the Investors theft matter, expunged.

Expunged? Deleted. Gone. Disappear. Vamoosed. Nada. Never took place. And that is how Bernie Madoff got away with his crime, in New York for as long has he did. This is the point Ms. Lynch is accountable for, being US Attorney from 1999 – 2001 and from 2010 to present date.

It is Ms. Lynch’s Respondeat Superior to have known Financial Crimes are being expunged by FINRA without even being reported to the police. FINRA is not law enforcement. FINRA is an SRO, a self regulated organization.

Ms. Lynch’s administration did/is not issuing Alerts to Investors to file Theft/money-identity reports with the Investors local police, as their Step One. Ms. Lynch’s, and other US Attorney Generals know that without reports of Crimes being made that there cannot be an effective, fact filled data base at FINCEN, in DC.

Ms. Lynch’s administration has not sued FINRA on behalf of New York Investors conned by the Bernie Madoffs, putting FINRA out of business as an Accessory to Crimes, covering crimes and even, one could say, masquerading as Law Enforcement.

In one matter, FINRA determined there was no wrongdoing when documents detail a decade of Identity Theft, Money Theft and Digital Trespassing, even Spoilation of Documents. Gets better, the name of an employee of JP Morgan is all over 800+ PDFs that FINRA determined would not be passed forward to law enforcement. THESE crimes take place daily, damaging to the bottom line fiscal health of Main Streeters. This is a question Ms. Lynch must answer to. “I didn’t know” is not the answer. In fact, that these behaviours continue to infect, is a disqualifier to Ms. Lynch’s nomination. But it gets better.

FINRA is not a forum for Investors within which to adress complaints against Investment Advisors. Yet, someone FINRA does mislead Investors in to believing FINRA is the forum to adjudicate this matter. Ms. Lynch should have caught this, and, most important, Ms. Lynch should have caught the fact that FINRA, aside from being a forum for Brokers and Brokerage disputes, should not be conducting Arbitrations, period. Arbitration disputes are to be compliant with the FAA, the Federal Arbitration Act. The FAA requires the host forum to be neutral. In that FINRA, is collecting dues from its members, and Investors are not FINRA members, this alone is something Ms. Lynch should have known, taking steps to shut down all FINRA locations in New York state, and, well, yup, put people taking part in this con in jail, from the ground floor to the penthouse suite. Like police officers tell drivers exceeding the speed limit hidden by a tree branch in front of the sign, “Ignorance is no excuse…, you should have known.”

Ms. Lynch, even Eric Holder should know.

You see if Ms. Lynch had been doing her job, officers on the beat would have been too busy to bother with Eric Garner. Ask ten cops…. Given the choice between the perp on the street or a financial white collar criminal like Bernie Madoff or the dozens upon dozens of Fiduciary Robbery stories filling the news and shows like American Greed, which the officer would rather pursue? The cops answer in a heartbeat. They would the Big Cons, so technically, in a way, by ignoring FINRA and the Criminals FINRA covers up for, one could say, as Respondeat Superior, Ms. Lynch had a hand in Eric Garner’s death.

There are the lawyers filling FINRA offices across America that Ms. Lynch should be looking in to, Lawyers representing Claimants and Lawyers representing Respondents and even Lawyers serving as Arbitrators and Mediators in FINRA DRS forums. As officers of the Court, they are required to uphold laws they are bound to in their state of Licensing or, the State the Lawyer argues a case before FINRA without being licensed in that State.

How these Lawyers get away with these crimes is simple. No one checks. No one in FINRA makes the Lawyer document to the State the FINRA matter is being argued, first by mail/email/fax with FINRA case managers in Boca Raton, Florida. No one in the State of Arbitration requires lawyers to affix their Bar Number to a paper, mitigating incidents of practicing law without licenses.

No one addresses that fact that forced Arbitration has become the shoe horn FINRA and its dues paying members use to wedge Investor complaints in to FINRA’s forum, something best looked at as being a Vegas environment- what goes on in FINRA, stays in FINRA- again, aiding to abetting Crimes not being reported to FINCEN and local Law Enforcement or US Attorneys across the United States of America, the jurisdiction Ms. Lynch will be overseeing if Ms. Lynch’s nomination goes through.

The US Constitution guarantees every man his day in Court. Somewhere along the way, a judge or group of them got together to create their Golden Parachute Post Retirement, called Arbitration. Arbitrations hide data. FINCEN needs data to understand Crimes hurting Main Street.

FINRA does not release names of its Arbitrators to the Public. FINRA does not report the Arbitration ruling records of its Arbitrators to the Public. FINRA does not release a data base of award sizes either. In a world where Google has everyone’s lives on line, somehow one wishes Edward Snowden or Anonymous would release this data hidden from the public, data that would be published publicly if that matter had been allowed to be adjudicated in the Halls of Justice.

Ms. Lynch’s redemption can be in promising to shut FINRA down, to offer Main Street investors their opportunity to have their matters undone to receive the Justice denied. Ms. Lynch’s redemption would be in holding accountable FINRA involved Parties to the same standard of Main Street.

Ms. Lynch’s redemption can be in apologizing. “I didn’t know” isn’t acceptable. Stating “I failed you” is, along with taking steps against lawyers who misled Investment clients in to FINRA forums the lawyers knew their Client should never had been in.

Oh, there is one more thing, Ms. Lynch might address, using the New York Committee overseeing lawyers as her homecourt example. A person bringing a complaint against a New York lawyer is not protected by a Whistle Blower kind of law. A person reporting a New York lawyer must be given Privacy, Invisibility while the Complaint is being addressed, reserving their option of being named publicly, if the Department determines merit to the Complaint. The New York Committee immediately sends the name and contact information of the Complainant to the lawyer, exposing the Complainant to blackmail, threats even extortion by the lawyer. Allegedly, no such protection exists in the oversight written by the New York State of Appeals. Ms. Lynch should have picked up on this along time earlier, knowing that exposing Whistle Blowers will give Complainants pause to say nothing. Nada. Never.

Ms. Lynch is bound to the same Code of Ethics as all other New York and American lawyers, as is Eric Holder bound by DC Ethics, as a lawyer, in issues such as Fast and Furious (http://www.dcbar.org/bar-resources/legal-ethics/amended-rules/index.cfm) . It is by these standard Ms. Lynch’s nomination should be judged. Not on minutia. Respondeat Superior.

Minutia can be distracting. Stick to the facts. Stick to the laws Professional licenses are issued under. The domino effect is tremendous upon lawyers in the field, getting the message Lawyers are not bound to their Codes of Ethics. Law students will get the message crime does pay. And Main Street will walk away stating, ‘we knew it all the time.’ Law is theater where the best performance wins.

COCA COLAs CHRISTMAS GIFT TO ITS LONG & LOYAL VENDORS:

26 Dec

Coca Cola SCROOGED it retailers.

Just before Christmas COCA COLA sent retailers a’ Dear Retailer letter your costs are going up January 1 2013.’ Mohammed owns a Pizza Shop down off Liberty Street in New York Battery Park. Coca Cola products to retailers like Mohammed who then offers Coca Cola products along with his garlic knots & pizza. Taped to Mohammed’s wall near the register is Mohammeds certificate showing Mohammed supports NYPD crime watch program, some business cards along with THE LETTER Coca Cola addressed to him the owner of his business.

Customers who get close enough to Mohammed working his cash register see the COCA COLA letter on the wall. With the continuing pounding FISCAL CLIFF on the political war drums, the voice of the Mohammeds, the little people, are lost. How many more costs raising notices can a Pizza & Garlic knot business like Mohammeds handle before Mohammed becomes an immigrant story of a man who Dreamed a dream Came to America then Became & failed because leaders of his new world were Fiscally Irresponsible while Mohammed was not. Mohammed counted his pennies & nickels & dimes & saved until he owned his Pizza shop on Liberty Street in Downtown New York.
COCA COLA was not telling their whole truth in the financial disclosure cost increase letter adressed to their retailers like Mohammed. Raw product costs may be going up in the world, sure. The appearance of cost raising has become corporately socially acceptable thing to do these days. Nobody wants to appear to be a 1% not even corporations. Even FACEBOOK has squirreled away monies to as not appear UBER rich. At the same time raw material & business operating costs are going up in the world, corporations like COCA COLA have not backed off funding their global community FOUNDATIONS a perceived CHARITABLE OUTREACH effort.

The COCA COLA FOUNDATION http://www.coca-colacompany.com/stories/the-coca-cola-foundation states they have implemented THE UN’s GUIDING PRINCIPLES. The UN’s GUIDING PRINCIPLES is an analytic of POTENTIAL RIGHTS impacted across the Coca Cola food chain starting with raw materials COCA COLA uses all the way to end use of the raw materials. COCA COLA writes “we have identified human rights risks along with policies & actions for mitigating them” providing managers a CHECKLIST of 5 human-rights related due diligence addressing Migrant labor Child labor Plant sitting etc claiming the steps COCA COLA has taken are inseparable “from our daily operations.” Despite having their HUMAN RIGHTS statement & WORKPLACE RIGHTS policy & Supplier Guiding principles, COCA COLA has overlooked that charitable decency begins at home especially for Mom & Pop retailers like Mohammeds Pizza place in Battery Park NY. Mohammed asked aloud how much more can costs go up before he is forced to consider closing down.

The COCA COLA Company FOUNDATION website states the company is included in the CALVERT SOCIAL INDEX describing the CALVERT SOCIAL INDEX as a “broad-based performance benchmark for U.S.-based sustainable and responsible companies.” CALVERT SOCIAL INDEX that Coca Cola belongs to is not a SOCIAL INDEX as we might envision. The Calvert Social Index is an investment house. CALVERT SOCIAL INDEX as an investment management firm says it “conducts a sustainability audit in the areas of Governance & ethics Environment Workplace Product safety & impact Community relations International operations & Human and Indigenous peoples rights.
COCA COLA writes that “Calvert cited our Company’s progress and emerging leadership in labor/human rights & water stewardship as primary reasons for the inclusion” in the CALVERT SOCIAL index. ” http://www.calvert.com/sri-index.html What is the CALVERT SOCIAL INDEX & why should Mohammed care.”

The Calvert Social Index is a broad-based, rigorously constructed benchmark for measuring the performance of large, U.S.-based companies following sustainable and responsible policies” providing “comprehensive information on the companies in the Index, the daily value and performance of the Index and the industry sector representation.” Calvert “manages investment risk and reveal opportunities.” Calverts goal is “Deliver to our clients investment performance that remains consistently strong over the long term” with no mention of COCA COLAs squeezing Mohammed on Liberty Street for every last dime Mohammed has. Calvert says “Our disciplined approach to money management goes beyond traditional factors to manage risk and identify investment opportunities with long-term potential.” Calvert Investments, founded in 1976, declares it is one of the nation’s most respected investment management firms listed in the TOP FIFTY of mutual funds serving financial advisors across America.

Calverts FIVE KEY STRENGTHS are Discipline Experience Choice Integrity & Commitment the core foundation of the disciples strength form the foundation of the company. Anyone can call Calvert at 800 368 2748 for CALVERT INVESTMENTS Summary Prospectus. Even Mohammed can call to find out why HUMAN RIGHTS TO ENTREPRENEURSHIP are being disavowed in America. Calvert Investment Management Inc mutual funds are underwritten and distributed by Calvert Investment Distributors, Inc., member, FINRA, and subsidiary of Calvert Investments, Inc. 800.368.2748 .

Mohammed needs to pay REAL GOOD attention to the bottom of Calverts site “This site intended for citizens and permanent residents of the United States of America.” This conflicts with the agenda of the COCA COLA FOUNDATION. Why then isn’t COCA COLA ceasing their attention to HUMAN RIGHTS overseas and focus where Human Rights should be addressed at the Best Pizza Place in New York next door to Pic A Bagel. Why aren’t activists asking COCA COLA to focus on the Citizens & Permanent Residents of the USA. Why aren’t FINRA & the SEC questioning the relationship between CALVERT INVESTMENTS & COCA COLA?

When will this mood to take on COCA COLA hit the Stand-Up-Americas Little Man who can wield a big stick to shake in the face of COCA COLA. The appearance of COCA COLA abusing a charitable status in the name of increasing Big Business Dividends to investors should be questioned not about its new math but about giving dividends to its loyal customers like Mohammed working on LIBERTY in downtown NYC. Bah Humbug. Its unfair the little man in business gets Scrooged