Kyusun Kim (CRD
#: 2864085), who is a previous registered representative of Independent
Financial Group, LLC (San Diego, California) consented to Financial Industry
Regulatory Authority (“FINRA”) barring him in all capacities according to Kim’s
submission of a Letter of Acceptance, Waiver and Consent #: 2017052705001,
accepted by FINRA on June 6, 2018. Kim was found liable for making unsuitable
investment recommendations.
FINRA stated that
when Kim worked for Independent Group, he advised several customers to liquidate
their 401(k) and pension plans, and transfer those funds to Independent
Financial Group accounts so that the customers would invest with Kim. Kim had
apparently recommended for customers to invest in alternative investments
including non-traded REITS and structured notes.
The AWC showed
that Kim’s customers were inexperienced investors who had conservative or
moderate investment objectives and risk tolerances. The AWC stated that Kim’s
recommendations were unsuitable because those alternative investments did not provide
customers with liquidity, and were not consistent with the customers’
objectives and risk tolerances.
In the AWC, FINRA
referred to more than one situation where Kim advised elderly customers to
invest a large portion of their liquid net worth in the alternative
investments. FINRA also stated that when Kim made those recommendations, he
failed to disclose the risks. The AWC reported that Kim’s customers incurred
significant losses. As a result, FINRA stated that Kim violated NASD Rules 2310
and 2110 and FINRA Rules 2111 and 2010.
Kim has reported
that at least 23 Independent Financial Group, LLC customers have disputed his
sales practices. Customers have brought claims of breach of fiduciary duty,
breach of contract, unsuitable investments, violation of federal and state
laws, financial elder abuse, negligence, misrepresentation, and fraud. So far, 13
of those customer disputes have been settled for a total of $2,995,443.00 in
damages, while 9 customer disputes are pending.
The Law Office of
Peter M. Spett is experienced in representing investors in cases of unsuitable
investment recommendations, fraud, negligence, and the failure of brokerage
firms to supervise their financial advisors. If representatives such as Kyusun
Kim have traded in your account in an inappropriate manner, contact Peter M.
Spett at (888) 217-4919 for a free consultation concerning the possible
recovery of your investment losses.
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