• May 17, 2020
• Maloney Securities

Joseph John Weinrich aka Joseph Weinrich (CRD # 461987) is a Financial Advisor at BB Graham & Co. in Orange, California. Joseph John Weinrich aka Joseph Weinrich has been in the securities industry since 1970 and previously worked at Maloney Securities from 1999-2018.

According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), on January 7, 2020, FINRA commenced an investigation of Joseph John Weinrich aka Joseph Weinrich, which culminated in FINRA filing an enforcement action, alleging “Respondent Joseph John Weinrich, while associated with Moloney Securities Co., Inc. (“Moloney” or the “Firm”), willfully failed to amend his Uniform Application for Securities Industry Registration or Transfer (“Form U4”) to disclose a bankruptcy petition, in violation of Article V, Section 2 of the FINRA By-Laws and FINRA Rules 1122 and 2010. Additionally, Weinrich violated FINRA Rule 2010 by making false statements regarding his bankruptcy petition in a compliance questionnaire that he submitted to his FINRA member firm.” The enforcement action remains pending.

For a copy of the FINRA complaint, click https://www.finra.org/sites/default/files/fda_documents/2018058611601%20Joseph%20John%20Weinrich%20CRD%20461987%20Complaint%20va.pdf
In addition to the pending enforcement action, Joseph John Weinrich aka Joseph Weinrich has been the subject of two customer complaints and myriad other regulatory infractions during his career. Among the pending customer complaints against him include the following:

• December 2018—”FRAUD, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND FAILURE TO DISCLOSE RISKS OF TWO INVESTMENTS MADE IN 2012 AND 2013.” The matter was settled for $20,000.
• January 2018—”FOR THE PERIOD 2011 TO 2017, ALLEGES UNSUITABLE, UNAUTHORIZED AND EXCESSIVE TRADING, NEGLIGENCE, BREACH OF FIDUCIARY DUTY & FAILURE TO SUPERVISE.” The matter was settled for $69,000.

Joseph John Weinrich aka Joseph Weinrich entered into various consent orders with state securities regulatorys for securities law violations, including “unethical practices.”

A For a full copy of Joseph John Weinrich aka Joseph Weinrich’s FINRA disclosure report, click https://brokercheck.finra.org/individual/summary/461987#disclosuresSection
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
• Other investments
• Financial situation and needs
• Tax status
• Investment objectives
• Time horizon
• Liquidity needs
• Risk tolerance
• Any other information disclosed by the customer

The Wolper Law Firm, P.A. represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, P.A., 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 mwolper@wolperlawfirm.com.