- July 29, 2020
- Credit Suisse
David Fenning (CRD # 1005307) is currently a registered Financial Advisor at Morgan Stanley in New York, NY. David Fenning has been in the securities industry since 1981 and previously worked at UBS Financial Services Inc. (2004-2019), Credit Suisse First Boston LLC (2004-2004), and Donaldson Lufkin & Jenrette Securities Corporation (1995-2003).
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), David Fenning has been the subject of five (5) customer complaints, alleging sales practice misconduct:
• May 2020—”Time frame: 2014 – 2015 Claimant’s counsel alleges unsuitability and negligence with respect to recommendations and investment of accounts.” Alleged damages are $173,000 and the matter remains pending.
• July 2011—”TIME FRAME: 2007-2008 CLAIMANTS ALLEGES UNSUITABLE RECOMMENDATION AND MISREPRESENTATIONS IN CONNECTION WITH PURCHASE OF STRUCTURED PRODUCTS.” The matter settled for $21,500.
• September 2009—”CLAIMANT, A CONNECTICUT REAL ESTATE BROKER, ALLEGES UNSUITABLE INVESTMENT RECOMMENDATIONS AND UNAUTHORIZED TRADES.” The matter settled for $72,500.
• August 2009—”CLAIMANTS ALLEGE BREACH IF FIDUCIARY DUTY, NEGLIGENCE, FRAUD AND UNSUITABLE INVESTMENTS IN STRUCTURED NOTES AND PREFERRED STOCK. TIME FRAME: JUNE 2007 THROUGH MAY 2008.” The matter settled for $180,000.
• July 1997—”CUSTOMER HAS ALLEGED UNSUITABLE AND UNAUTHORIZED TRANSACTIONS IN HIS ACCOUNT.” The matter settled for $95,000.
For a copy of David Fenning’s CRD, click https://brokercheck.finra.org/individual/summary/1005307#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:
• 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 firstname.lastname@example.org.