According to FINRA, Chuck A. Roberts of Miami, Florida was barred from association with any FINRA member firm in all capacities for refusing to appear for on-the-record testimony.
FINRA's investigation originated from customer arbitrations filed against Roberts' member firm. The arbitrations alleged that Roberts' recommendations of structured products were not in customers' best interests and that he had inaccurately described the products.
Structured products are complex investments that combine derivatives with traditional investments. Their complexity makes accurate description essential—customers need to understand what they are buying, including the risks and potential outcomes.
Roberts initially cooperated with FINRA's investigation by producing documents and appearing for on-the-record testimony. However, when FINRA requested additional testimony, Roberts refused to appear.
Partial cooperation is not sufficient. When FINRA determines that additional testimony is necessary to complete an investigation, registered persons must comply. Roberts' refusal prevented FINRA from fully investigating the customer allegations.
The customer arbitrations alleged both suitability concerns—whether the structured products were appropriate for the customers—and misrepresentation concerns—whether Roberts accurately described how the products worked.
By refusing additional testimony, Roberts prevented FINRA from determining the full scope of any potential misconduct. As a result, FINRA imposed a bar, permanently prohibiting Roberts from working in the securities industry.
Investors who purchase structured products should ensure they fully understand these complex investments before committing funds. If a financial professional's description of a product seems unclear or inconsistent with written materials, ask questions and consider seeking independent advice.