According to FINRA, Michael John Giovannelli was barred from association with any FINRA member in all capacities and ordered to pay $1,494 in restitution to a customer for making unauthorized trades in an elderly customer's account, providing false documents to FINRA, and providing false testimony during his on-the-record interview.
Giovannelli was found in violation of multiple serious rules. First, he made trades in an elderly customer's non-discretionary account without the customer's authorization. These unauthorized trades generated $1,380 in commissions for Giovannelli and caused $1,494 in realized losses for the customer. Unauthorized trading is a serious violation because it deprives customers of control over their investments and can result in unsuitable transactions and financial losses.
Second, and even more egregiously, Giovannelli provided false documents to FINRA during its investigation into the unauthorized transactions. Specifically, Giovannelli provided altered cellphone records to FINRA to make it appear that he spoke to the customer on five of the six dates of unauthorized trades when he did not actually speak to the customer. This fabrication of evidence represents obstruction of a regulatory investigation and demonstrates consciousness of guilt.
Third, Giovannelli provided false testimony during his on-the-record interview with FINRA. He testified that he contacted the customer to obtain authorization prior to each of the unauthorized trades. This testimony was false—Giovannelli did not speak to the customer or obtain authorization before any of the trades. Giovannelli also falsely testified that he did not alter any of the telephone records he provided to FINRA. Additionally, FINRA found that Giovannelli exercised discretion by trading in customer accounts without written authorization and without his firm having accepted the accounts as discretionary.
Providing false documents and testimony to regulators is among the most serious violations in the securities industry because it directly undermines regulatory oversight and the ability to protect investors. The combination of unauthorized trading, document falsification, and false testimony demonstrates a pattern of dishonesty warranting permanent removal from the industry. This case serves as a warning that attempting to cover up misconduct through lies and fabricated evidence will result in severe consequences, including a permanent bar.