According to FINRA, Philip Anthony Riposo was barred from association with any FINRA member in all capacities for failing to appear for on-the-record testimony.
FINRA was investigating the circumstances giving rise to Riposo's termination from his member firm. The firm had filed a Form U5 disclosing that it terminated Riposo after he was found and admitted to creating and providing clients with fictitious account statements. Additionally, the firm disclosed that Riposo received and deposited checks from clients made out to Riposo's doing-business-as name.
The creation of fictitious account statements is an extremely serious violation. It represents fraud and deception directed at clients, preventing them from knowing the true status of their investments. This type of conduct often accompanies conversion of client funds or other serious misconduct. The fact that Riposo received checks from clients made payable to his DBA name rather than to the firm suggests potential misappropriation of customer funds.
When FINRA requested that Riposo appear for testimony to investigate these serious allegations, he failed to appear. This refusal prevented FINRA from conducting a full investigation into the extent of the fraudulent statements, how many clients were affected, and whether client funds were misappropriated.
Creating fake account statements is typically done to conceal losses, theft, or unauthorized trading. Clients who receive such statements may believe their investments are performing well when in reality they have suffered losses or their money has been stolen. This is why FINRA treats this conduct as extremely serious, warranting investigation and severe sanctions.
Investors should carefully review all account statements and verify them against independent sources. If a broker provides statements that differ from statements directly from the custodian firm, this is a major red flag. Investors should always receive statements directly from the firm holding their assets, not solely from their broker. The refusal to cooperate with investigations into such serious allegations strongly suggests an attempt to avoid accountability for fraud.