Saturday, June 29, 2013

StateTrust Investments Ordered to Pay $1.5 Million in Fines and Restitution for Excessive Markups and Markdowns in Corporate Bond Transactions Involving Affiliated Companies


The Financial Industry Regulatory Authority (FINRA) has imposed sanctions against StateTrust Investments, Inc. and its head trader, Jose Luis Turnes, for charging customers unfair prices in corporate fixed income transactions.  According to FINRA’s June 26, 2013, news release, StateTrust changed excessive markups and markdowns as much as 23 percent above the prevailing market rate in a total of 563 transactions, which FINRA determined operated as a fraud and decit against its customers.  

FINRA accused StateTrust of charging the excessive rates while engaged in two types of transactions.  In some cases, it bought bonds from a bank or insurance affiliate and then sold the bonds to customers at a price more than 8 percent away from the prevailing market price.  In other cases, StateTrust bought bonds from its customers at prices more than 8 percent below the prevailing market, and turned around to sell them to its affiliate at a slight markup.  Throughout these transactions, Turnes was not only the head trader at StateTrust, he was also chairman and largest indirect shareholder of the affiliated bank and insurance company.  FINRA determined that Turnes was personally involved in at least 85 of these transactions.

While neither StateTrust nor Turnes admitted or denied the charges, they accepted FINRA’s sanctions that included fines exceeding $1.1 million fine, restitution to customers of at lest $353,000, and suspension of Turnes for six months.  FINRA describes the sanctions as part of its ongoing effort “to aggressively pursue firms and individuals who charge customers excessive markups and markdowns.”

Brokerage firms are required to charged reasonable markups and markdowns in its transactions with customers, and charging excessive rates does work a fraud and decit against investors.  Investors who have questions about their StateTrust brokerage accounts, or are concerned about the markups and markdowns their brokers are charging, should contact the securities fraud attorneys at Block & Landsman for a free, confidential consultation.