FINRA bars two brokers for theft from an elder

FINRA has barred two brokers from selling securities as the result of what it termed “wrongfully converting” approximately $300,000 from an elderly widow that the agency stated exhibited “diminished mental capacity.” The brokers, Fernando L. Arevalo and Jimmy E. Caballero, were also cited for failing to fully cooperate with the FINRA investigation.

Though both men were employed with JPMorgan Chase Securities LLC at the time of the wrongdoing, the firm was not a party to the FINRA action. However, JPMorgan did make restitution to the client, according to FINRA.

As detailed by the regulatory agency in a statement, the elderly customer maintained accounts at JPMorgan and an unspecified related bank affiliate. Between April and July of this year, the client deposited about $300,000 from the sale of two annuities into a bank account Arevalo had opened for her. (FINRA does not specify the type of annuity at issue, but both brokers had a Series 6 license, which permitted them to sell investment products such as mutual funds, variable annuities and other premium-funded variable insurance contracts.)

Funds were subsequently withdrawn from the account via two cashiers checks. On that same day, Caballero deposited the money into a joint account he opened in his name and the customer’s name at a different bank. When the bank questioned the deposits and requested further confirmation before completing the transaction, Arevalo then drove the client to the bank to confirm the source of funds.