Bad Broker

Edward Beyn Barred by SEC for Excessive Trading and Unsuitable Recommendations

2023-06-19

My Bad Broker

According to FINRA, Edward Beyn was barred from association with any FINRA member in all capacities in a decision by the Securities and Exchange Commission that became final on June 19, 2023. The SEC affirmed findings and sanctions imposed by FINRA's National Adjudicatory Council.

Beyn engaged in excessive trading, known as churning, in customer accounts over which he exercised de facto control. De facto control was established because nearly all relevant trades were solicited by Beyn, and customers testified that they routinely acquiesced to his recommendations and relied on his expertise. Beyn acted with scienter—meaning he knew or was reckless in not knowing that his conduct was improper—and therefore violated Section 10(b) of the Securities Exchange Act and Rule 10b-5, constituting securities fraud.

Beyn misled customers about the true costs of their trading. The accounts had excessively high cost-to-equity ratios that made it virtually impossible for customers to profit from the trading, yet Beyn received $647,648 in compensation from this activity. He deceived a customer about the importance of new account forms and misrepresented on active account worksheets that customers were satisfied with account performance despite significant losses.

Beyn also made unsuitable recommendations of three ETNs to a 65-year-old customer. These ETNs were risky products designed for sophisticated investors and likely to decrease in value if held beyond short terms. Beyn did not explain the risks to the inexperienced customer, held the positions for long terms, and concentrated the customer's limited retirement funds in these products—placing 20 percent and eventually 100 percent of the account in these inappropriate investments. This resulted in losses exceeding $62,000.

For investors, this case demonstrates the devastating impact of churning and unsuitable recommendations. Excessive trading generates large commissions for brokers while destroying customer wealth. Investors should be suspicious of very active trading in their accounts, especially if the account consistently underperforms or generates losses despite market gains. Cost-to-equity ratios above 20 percent are typically considered excessive.

Violation :

Churning customer accounts and making unsuitable recommendations

Tags :

Edward Beyn,
NY
CRD Number : 5406273

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