- October 23, 2023
- Momentum Independent Network
Leslie Don Jackson (CRD:#2176917) is a previously registered broker and investment advisor.
Leslie Jacksons entered the securities industry in 1991 and previously worked for Momentum Independent Network, Inc., in Dallas, Texas.
Allegations of Misconduct
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in September 2023, without admitting or denying the findings, Jackson consented to the sanction and to the entry of findings that he participated in private securities transactions totaling $1,975,000 without providing advance written notice to his member firm prior to engaging in these transactions. The findings stated that Jackson participated in the sale of promissory notes issued by entities purportedly engaged in a business that provided financing to construction companies. Jackson recommended the investments to five investors, including one family member and three firm customers, who ultimately purchased an aggregate $1,475,000 of the issuers’ promissory notes. Jackson also personally purchased notes totaling $500,000. Jackson participated in these investments by telling the investors about the notes, answering questions about the investments, helping the investors complete the subscription documents, and collecting the payments for the investments to provide to the issuers. Jackson received periodic payments from the issuers in amounts equal to 3% of each investment per year during their respective terms, paid monthly. In addition, Jackson falsely responded to questions about whether he had participated in private securities transactions on compliance questionnaires. Therefore, Jackson consented to the imposition of the following sanction: a bar from associating with any FINRA member in all capacities.
For a copy of Jackson’s FINRA Letter of Acceptance, Waiver and Consent, click here.
In addition, Leslie Jackson has been the subject of two other FINRA disclosures, which include the following:
- December 2022—“ Unsuitable recommendations; breach of contract and breach of fiduciary duty.” The damage amount requested is $675,000. The customer dispute is still pending.
- December 2022—“ Violating Firm Policy.” Discharged by Momentum Independent.
For a copy of Leslie Don Jackson’s FINRA BrokerCheck, click here.
We Help Investors Recover Investment Losses
Pursuant to FINRA Rule 3270, outside business activities in which Financial Advisors become involved must be disclosed. This is in order to ensure that Financial Advisors do not engage in selling away. The Financial Industry Regulatory Authority (FINRA) strictly prohibits financial advisors from “selling away” or selling securities and investments to clients that are not offered by the brokerage firm with which they are employed. For example, it is illegal and a violation of industry rules for a financial advisor to recommend or even suggest that a client invest in the financial advisor’s own business or a business operated by his or her friends or family. It is not necessary that the financial advisor earn any compensation for recommending an outside investment.
The purpose behind this prohibition is to ensure that a financial advisor only offers to sell securities that have been vetted by his or her employer brokerage firm through a rigorous due diligence process. Most brokerage firms have an approved list of investments, products, and research that can be provided or made available to clients. Any deviation by the financial advisor from the approved product list may constitute selling away.
Financial advisors have a legal and regulatory obligation to recommend only suitable investments that are appropriate for their clients’ needs and objectives. Their employing brokerage firm has a legal and regulatory obligation to supervise the Financial Advisors’ sales practices and dealings with clients. To the extent any of these duties are breached, the customer may be entitled to a recovery of his or her investment losses.
Reasonable basis suitability requires that a recommended investment or investment strategy be suitable or appropriate for at least some investors. Reasonable basis suitability requires an advisor to conduct adequate due diligence so that he or she can determine the risks and rewards of the investment or investment strategy.
Quantitative suitability requires a brokerage firm or financial advisor with actual or de facto control over a customer’s account to have a reasonable basis for believing that a series of recommended transactions – even if suitable when viewed in isolation – is not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. No single test defines excessive activity, but factors such as the turnover rate, the cost-equity ratio, and the use of in-and-out trading in a customer’s account may provide a basis for a finding that a member or associated person has violated the quantitative suitability obligation.
Customer-specific suitability requires that a member or associated person have a reasonable basis to believe that the recommendation is suitable for a particular customer based on that customer’s investment profile. Among the criteria that a financial advisor must evaluate to satisfy his or her customer-specific suitability obligations include the investor’s age, tax status, time horizon, liquidity needs, and risk tolerance; a client’s other investments, financial situation and needs, investment objectives, and any other information disclosed by the customer should also be considered.
The Wolper Law Firm represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, is a trial lawyer who has handled hundreds of securities cases during his career involving a wide range of products, strategies and securities. Prior to representing investors, he was a partner with a national law firm, where he represented some of the largest banks and brokerage firms in the world in securities matters. We can be reached at (800) 931-8452 or by email at email@example.com.