According to FINRA, Sharon Hayut was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in all capacities for four months for accepting monetary gifts from a senior customer in violation of firm policies.
Hayut accepted two monetary gifts totaling $50,815 from a senior customer who was one of her long-time clients. Both checks were issued from one of the customer's accounts at the firm and were made payable to the synagogue to which Hayut belonged. The funds from the checks were applied to Hayut's account at the synagogue and were used to pay for various expenses.
Hayut's acceptance of these gifts violated her member firm's gift policies. Firms typically impose restrictions on accepting gifts from customers to prevent conflicts of interest and protect customers, particularly vulnerable senior customers, from being exploited. Hayut was aware of the firm's gift policies but did not disclose her acceptance of the checks to the firm.
The violation became more serious when Hayut provided false information on a compliance questionnaire. After accepting the first check, she incorrectly answered "no" to a question on her annual compliance questionnaire asking whether she had received a gift from a customer valued at over $100 within the last 12 months. This false answer concealed her acceptance of a substantial gift that far exceeded the firm's limits.
The four-month suspension and $10,000 fine reflect the seriousness of accepting substantial gifts from a senior customer and then concealing this acceptance from the firm. Senior customers may be particularly vulnerable to representatives who seek personal benefits from the relationship. The substantial size of the gifts—over $50,000—and the method of directing them through the synagogue raise questions about whether the customer fully understood the personal benefit flowing to Hayut.
For investors, particularly senior investors, this case serves as a warning about financial professionals who seek personal gifts or benefits. Investors should be cautious about giving substantial gifts to financial advisors and should understand that legitimate professionals will not solicit or accept such gifts. The suspension is in effect from June 20, 2023, through October 19, 2023.