Financial Advisor Brian Marston (Woodbury Financial Services) Customer Complaints

Brian Marston (CRD#: 733083) is a dually registered Broker and Investment Advisor at Woodbury Financial Services, Inc. in Greenwood Village, CO. He entered the securities industry in 1981 and previously worked for RMN Securities, Inc.; Next Financial Group, Inc.; National Planning Corporation; Pruco Securities Corp.; and The Prudential Insurance Company of America..


According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in July 2021, FINRA received a customer dispute against Brian Marston. The allegation states, “Claimants allege the representative concentrated their accounts in unsuitable alternative investments.” Damages of $1,737,306 are requested. The customer dispute is pending.


In addition, Brian Marston has been the subject of two customer complaints, including one that remains pending, including the following:


  • May 2021–”CUSTOMER ALLEGES THAT ALTERNATIVE INVESTMENTS PURCHASED IN 2015 & 2016 WERE MISREPRESENTED AND UNSUITABLE.” Damages of $5,000 are requested. The customer dispute is pending.


For a copy of Brian Marston’s FINRA BrokerCheck, click here.


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 agee, 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, 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.

Attorney Matthew Wolper

Attorney Matthew WolperMatt Wolper is a trial lawyer who focuses exclusively on securities litigation and arbitration. Mr. Wolper has handled hundreds of securities matters nationwide before the Financial Industry Regulatory Authority (FINRA), American Arbitration Association (“AAA”), JAMS, and in state and federal court. Mr. Wolper has handled and tried cases involving complex financial products and strategies ranging from traditional stocks and bonds to options, margin and other securities-based lending products, closed/open-end mutual funds, structured products, hedge funds, and penny stocks. [Attorney Bio]