According to FINRA, Patrick Nicholas Teutonico was suspended for three months and ordered to pay $42,092 in restitution for excessively and unsuitably trading in a customer's account.
Teutonico's customer account had an average monthly equity of approximately $94,000, but the trades recommended by Teutonico resulted in the customer paying $42,092 in commissions and other trading costs. The excessive trading resulted in the account having an annualized turnover rate of 13 and an annualized cost-to-equity ratio of more than 35 percent. This means the customer's investments would have had to grow by more than 35 percent just to break even after paying commissions and costs.
A turnover rate of 13 means the entire value of the portfolio was turned over 13 times in a year, indicating extremely frequent trading. This level of activity is almost never appropriate for retail investor accounts and typically indicates that the broker is generating commissions rather than pursuing sound investment strategies for the customer.
Excessive trading, also known as churning, violates suitability obligations because the trading activity is excessive in light of the customer's investment objectives and the character of the account. It represents placing the broker's interest in generating commissions ahead of the customer's interest in achieving reasonable investment returns.
The 35 percent cost-to-equity ratio is particularly striking. It means that more than one-third of the account value was consumed by trading costs in a year. No reasonable investment strategy justifies such costs, which made it virtually impossible for the customer to achieve positive returns.
Investors should monitor their accounts for signs of excessive trading, including unusually high commission charges, frequent buy and sell transactions, and high turnover of holdings. Account statements show commission charges and transaction activity. If commissions represent more than a few percent of account value annually, or if securities are held for only brief periods before being sold, these are warning signs of potential churning. Investors should question brokers about the rationale for frequent trading and consider whether a fee-based account might be more appropriate.