- October 16, 2020
- Four Points Capital Partners
Michael Martino (CRD # 2579146) is a Financial Advisor at Four Points Capital Partners LLC in New York, NY. Michael Martino has been in the securities industry since 1995 and previously worked at seven different brokerage firms including three FINRA expelled firms.
According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), Michael Martino has been the subject of six (6) customer complaints, alleging sales practice misconduct, including the following:
• June 2020—”ALLEGE THAT BETWEEN 2014-2017, REPS PROVIDED UNSUITABLE RECOMMENDATIONS WITH UNSUITABLE CONCENTRATIONS, WITH UNREASONABLE COMMISSIONS AND FAILURE TO KNOW THEIR CUSTOMER.” Alleged damages are $543,163 and the matter remains pending.
• February 2020—”MISMANAGEMENT OF ACCOUNTS BETWEEN 2011 AND 2017.” Alleged damages are $107,038 and the matter remains pending.
• January 2020—”CUSTOMER ALLEGES THAT BETWEEN 2016 AND 2019 REP PROVIDED POOR ADVICE ON PROSPECTIVE TRADES IN WHICH CUSTOMER LOST FUNDS.” Alleged damages are $200,000 and the matter remains pending.
• June 2017—”Inappropriate trades and trades not in the best interest of the customer.” The claim was denied
• January 2014—”ALLEGED UNSUITABLE INVESTMENTS AND INVESTMENT STRATEGY.” The matter settled for $14,500.
• January 1998—”FRAUD & MISREPRESENTATION” The matter settled for $30,000.
For a copy of Michael Martino’s CRD, click here
In addition to the foregoing, Michael Martino had his registration revoked by the State of Utah in 2001 after he failed to “respond to division’s request for information.”
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 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 firstname.lastname@example.org.