Mr. Quach was allegedly under investigation by FINRA as a result of being permitted to resign “while under review by the firm for violating firm’s policy related to borrowing funds from a client.” Mr. Quach’s FINRA Brokercheck report states that he was registered with Transamerica since 2012. The report further states that he had one recent customer complaint relating to borrowed funds that settled, and that he was permitted to resign in March, 2023.

Registered financial advisors are generally prohibited from borrowing money from customers under FINRA Rule 3240 except in limited circumstances such as from a family member or other personal relationship. The loan must also be disclosed and approved by the advisor’s firm.

The reasons behind the rule include the myriad of conflicts of interest associated with an advisor recommending to a customer that they pay the advisor their funds, and further include the fact that such loans can be cover for thefts by financial advisors.

The Maryland Securities Fraud attorneys at Greco & Greco have decades of experience representing customers who have been defrauded by their financial advisors through loan schemes or actual thefts. Please contact Scott Greco for a free attorney consultation if you may have been a victim of such a scheme.

According to the SEC Order, between February 2017 and August 2021, BAM, under Bruderman’s direction, persuaded at least thirteen investment advisory clients to invest substantial amounts totaling $6.1 million in entities where Bruderman had significant ownership and decision-making authority. Shockingly, these clients were not informed that their investments would temporarily be diverted to cover expenses unrelated to their intended investments or to repay loans made by Bruderman himself.

One particularly concerning example involved a $500,000 equity investment, where $400,000 was transferred to Bruderman’s personal bank account to repay a loan owed by one of the entities. The clients invested based on BAM’s advice, unaware of the temporary diversion of their funds. Despite BAM’s written policies requiring disclosure of material conflicts of interest, these conflicts remained undisclosed, leaving clients in the dark about the use of their investments.

The SEC found BAM and Bruderman in violation of the Advisers Act, specifically Sections 206(2) and 206(4), and Rule 206(4)-7. As part of the settlement, BAM and Bruderman have voluntarily repaid certain debts to investment advisory clients, totaling $1,650,000, and further were required to pay a $250,000 civil penalty.

This SEC order serves as a stern reminder of the regulatory responsibilities that investment advisers bear towards their clients. Misuse of customer funds and failure to disclose conflicts of interest are serious violations that can result in substantial penalties. Greco & Greco’s securities fraud lawyers have decades of experience seeking recovery of customer losses resulting from misconduct and fraud by investment advisory firms. If you believe you may be a victim of similar conduct, please contact Scott Greco for a free attorney consultation about your case.