According to FINRA, David Harrison Miller was barred from association with any FINRA member in all capacities for refusing to appear for on-the-record testimony requested by FINRA in connection with its investigation into the suitability of his investment recommendations to customers.
Suitability is a fundamental requirement in the securities industry. Representatives must have a reasonable basis to believe that a recommended transaction or investment strategy is suitable for the customer based on the customer's investment profile, including age, financial situation, investment objectives, and risk tolerance.
When representatives refuse to testify about the suitability of their recommendations, it prevents FINRA from determining whether customers were protected and whether the representative complied with fundamental investor protection rules. Miller's refusal to cooperate resulted in a permanent bar from the industry, protecting investors from a representative unwilling to be held accountable for his recommendations.