According to FINRA, Jimmy William Nunez Jr. was assessed a deferred fine of $10,000 and suspended for two years on January 28, 2022, for forging a customer's signature on account documents, falsifying documents, and providing false statements to FINRA during its investigation.
Nunez forged a customer's signature and initials on a variable annuity application and related new account documents without obtaining the customer's permission to sign her name or initial any documents for her. Nunez also falsified these documents by placing a date on them that was later than the actual date when they were signed and initialed. He then submitted the forged and falsified documents to his member firm, causing the firm's books and records to be inaccurate.
When FINRA investigated Nunez's conduct, he provided false written statements and testimony in response to FINRA's requests. Nunez subsequently recanted his false statements, but the damage from his initial dishonesty remained.
Forgery - signing someone else's name without authorization - is among the most serious violations in the securities industry. It represents a fundamental breach of trust and can constitute criminal conduct. When representatives forge customer signatures on account documents, they create false documentation indicating the customer authorized transactions or applications they may not have wanted.
Variable annuities are complex insurance products that involve significant costs and long-term commitments. Customers must receive proper disclosure and make informed decisions about whether to purchase these products. When a representative forges a customer's signature on a variable annuity application, the customer may be committed to a long-term contract they never actually agreed to purchase.
The falsification of dates on the documents compounded the forgery by creating false documentation about when the application was signed. This type of backdating can conceal timing issues or make it appear that applications were submitted earlier than they actually were.
Nunez's provision of false statements to FINRA during its investigation represents additional serious misconduct. The duty to provide truthful information to regulators is fundamental. When individuals lie to investigators, they obstruct regulatory oversight and impede FINRA's ability to protect investors. Although Nunez eventually recanted his false statements, the initial dishonesty demonstrated poor integrity.
The two-year suspension reflects the seriousness of the combined violations - forgery, falsification, and providing false statements to regulators. This substantial sanction demonstrates that FINRA treats document forgery and dishonesty with investigators as grave misconduct warranting lengthy suspensions.