According to FINRA, Eric Vance Kubiak was barred from association with any FINRA member in all capacities for refusing to provide documents and information requested by FINRA. The investigation concerned his potential involvement with undisclosed outside business activities, including those potentially related to crypto assets.
Initially, Kubiak provided a partial but incomplete response to FINRA that did not substantially comply with the request. The information and documents he failed to provide were material to the investigation. Ultimately, Kubiak refused to produce the outstanding information based on an assertion of confidentiality.
The crypto asset space has been rife with fraud, manipulation, and investor losses. When registered representatives engage in crypto-related activities without disclosure and oversight, investors face heightened risks. FINRA's investigation sought to determine whether Kubiak's activities were properly disclosed and supervised, protecting investors from potential conflicts of interest or fraudulent schemes.
Kubiak's assertion of confidentiality does not excuse his obligation to cooperate with FINRA's investigation. Registered representatives must provide all requested information, even if they believe it is confidential. The bar ensures that Kubiak cannot continue working with investors while refusing to be transparent with regulators. Investors should be particularly cautious about representatives who promote crypto investments, ensuring these activities are properly disclosed and supervised by their firms.