ROBERT HAYES HOFFMANN - FINRA · ROBERT H. HOFFMANN CRD# 4008798 This broker is not currently...
Transcript of ROBERT HAYES HOFFMANN - FINRA · ROBERT H. HOFFMANN CRD# 4008798 This broker is not currently...
BrokerCheck Report
ROBERT HAYES HOFFMANN
Section Title
Report Summary
Broker Qualifications
Registration and Employment History
Disclosure Events
CRD# 4008798
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Page(s)
About BrokerCheck®
BrokerCheck offers information on all current, and many former, registered securities brokers, and all current and formerregistered securities firms. FINRA strongly encourages investors to use BrokerCheck to check the background ofsecurities brokers and brokerage firms before deciding to conduct, or continue to conduct, business with them.
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qualifications, disciplinary actions, criminal convictions, civil judgments and arbitration awards. BrokerCheckreports for brokerage firms include information on a firm’s profile, history, and operations, as well as many of thesame disclosure events mentioned above.
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CRD® and is a combination of: o information FINRA and/or the Securities and Exchange Commission (SEC) require brokers and
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ROBERT H. HOFFMANN
CRD# 4008798
This broker is not currently registered.
Report Summary for this Broker
This report summary provides an overview of the broker's professional background and conduct. Additionalinformation can be found in the detailed report.
Disclosure Events
All individuals registered to sell securities or provideinvestment advice are required to disclose customercomplaints and arbitrations, regulatory actions,employment terminations, bankruptcy filings, andcriminal or civil judicial proceedings.
Are there events disclosed about this broker? Yes
The following types of disclosures have beenreported:
Type Count
Regulatory Event 3
Customer Dispute 3
Financial 1
Judgment/Lien 1
Broker Qualifications
This broker is not currently registered.
This broker has passed:
0 Principal/Supervisory Exams
1 General Industry/Product Exam
1 State Securities Law Exam
Registration History
This broker was previously registered with thefollowing securities firm(s):
THURSTON, SPRINGER, MILLER, HERD &TITAK, INC.CRD# 8478INDIANAPOLIS, IN04/2017 - 05/2017
WOODBURY FINANCIAL SERVICES, INC.CRD# 421GREENWOOD, IN07/2006 - 03/2017
NORTHWESTERN MUTUAL INVESTMENTSERVICES, LLCCRD# 2881INDIANAPOLIS, IN10/1999 - 05/2006
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Broker Qualifications
Registrations
This section provides the self-regulatory organizations (SROs) and U.S. states/territories the broker is currentlyregistered and licensed with, the category of each license, and the date on which it became effective. This section alsoprovides, for every brokerage firm with which the broker is currently employed, the address of each branch where thebroker works.
This broker is not currently registered.
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Broker Qualifications
Industry Exams this Broker has Passed
This individual has passed 0 principal/supervisory exams, 1 general industry/product exam, and 1 statesecurities law exam.
This section includes all securities industry exams that the broker has passed. Under limited circumstances, a brokermay attain a registration after receiving an exam waiver based on exams the broker has passed and/or qualifying workexperience. Any exam waivers that the broker has received are not included below.
Exam Category Date
Principal/Supervisory Exams
No information reported.
Exam Category Date
General Industry/Product Exams
Investment Company Products/Variable Contracts Representative Examination 10/26/1999Series 6
Exam Category Date
State Securities Law Exams
Uniform Securities Agent State Law Examination 11/04/1999Series 63
Additional information about the above exams or other exams FINRA administers to brokers and other securitiesprofessionals can be found at www.finra.org/brokerqualifications/registeredrep/.
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Registration and Employment History
Registration History
Registration Dates Firm Name CRD# Branch Location
The broker previously was registered with the following firms:
04/2017 - 05/2017 THURSTON, SPRINGER, MILLER, HERD &TITAK, INC.
8478 INDIANAPOLIS, IN
07/2006 - 03/2017 WOODBURY FINANCIAL SERVICES, INC. 421 GREENWOOD, IN
10/1999 - 05/2006 NORTHWESTERN MUTUAL INVESTMENTSERVICES, LLC
2881 INDIANAPOLIS, IN
10/1999 - 01/2002 ROBERT W. BAIRD & CO. INCORPORATED 8158 MILWAUKEE, WI
Employment History
Employment Dates Employer Name Employer Location
This section provides up to 10 years of an individual broker's employment history as reported by the individual broker onthe most recently filed Form U4.
Please note that the broker is required to provide this information only while registered with FINRA or a nationalsecurities exchange and the information is not updated via Form U4 after the broker ceases to be registered.Therefore, an employment end date of "Present" may not reflect the broker's current employment status.
04/2017 - Present Thurston Springer Miller Herd & Titak Indianapolis, IN
07/2006 - 02/2017 WOODBURY FINANCIAL SERVICES GREENWOOD, IN
Other Business Activities
This section includes information, if any, as provided by the broker regarding other business activities the broker iscurrently engaged in either as a proprietor, partner, officer, director, employee, trustee, agent or otherwise. This sectiondoes not include non-investment related activity that is exclusively charitable, civic, religious or fraternal and isrecognized as tax exempt.
No information reported.
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Disclosure Events
What you should know about reported disclosure events:
1. All individuals registered to sell securities or provide investment advice are required to disclose customercomplaints and arbitrations, regulatory actions, employment terminations, bankruptcy filings, and criminal or civiljudicial proceedings.
2. Certain thresholds must be met before an event is reported to CRD, for example: o A law enforcement agency must file formal charges before a broker is required to disclose a particular
criminal event. o A customer dispute must involve allegations that a broker engaged in activity that violates certain rules
or conduct governing the industry and that the activity resulted in damages of at least $5,000. o
3. Disclosure events in BrokerCheck reports come from different sources: o As mentioned at the beginning of this report, information contained in BrokerCheck comes from brokers,
brokerage firms and regulators. When more than one of these sources reports information for the samedisclosure event, all versions of the event will appear in the BrokerCheck report. The different versionswill be separated by a solid line with the reporting source labeled.
o4. There are different statuses and dispositions for disclosure events:
o A disclosure event may have a status of pending, on appeal, or final.§ A "pending" event involves allegations that have not been proven or formally adjudicated.§ An event that is "on appeal" involves allegations that have been adjudicated but are currently
being appealed.§ A "final" event has been concluded and its resolution is not subject to change.
o A final event generally has a disposition of adjudicated, settled or otherwise resolved.§ An "adjudicated" matter includes a disposition by (1) a court of law in a criminal or civil matter, or
(2) an administrative panel in an action brought by a regulator that is contested by the partycharged with some alleged wrongdoing.
§ A "settled" matter generally involves an agreement by the parties to resolve the matter. Pleasenote that brokers and brokerage firms may choose to settle customer disputes or regulatorymatters for business or other reasons.
§ A "resolved" matter usually involves no payment to the customer and no finding of wrongdoingon the part of the individual broker. Such matters generally involve customer disputes.
For your convenience, below is a matrix of the number and status of disclosure events involving this broker.Further information regarding these events can be found in the subsequent pages of this report. You also maywish to contact the broker to obtain further information regarding these events.
Final On AppealPending
Regulatory Event 0 3 0
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Customer Dispute 2 1 N/A
Financial 1 0 N/A
Judgment/Lien 1 N/A N/A
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Disclosure Event Details
When evaluating this information, please keep in mind that a discloure event may be pending or involve allegationsthat are contested and have not been resolved or proven. The matter may, in the end, be withdrawn, dismissed,resolved in favor of the broker, or concluded through a negotiated settlement for certain business reasons (e.g., tomaintain customer relationships or to limit the litigation costs associated with disputing the allegations) with noadmission or finding of wrongdoing.
This report provides the information exactly as it was reported to CRD and therefore some of the specific data fieldscontained in the report may be blank if the information was not provided to CRD.
Regulatory - Final
This type of disclosure event may involve (1) a final, formal proceeding initiated by a regulatory authority (e.g., a statesecurities agency, self-regulatory organization, federal regulatory such as the Securities and Exchange Commission,foreign financial regulatory body) for a violation of investment-related rules or regulations; or (2) a revocation orsuspension of a broker's authority to act as an attorney, accountant, or federal contractor.
Disclosure 1 of 3
Reporting Source: Regulator
Regulatory Action InitiatedBy:
Indiana Securities Division
Sanction(s) Sought: Bar
Date Initiated: 01/24/2018
Docket/Case Number: 18-0001 SB
URL for Regulatory Action:
Employing firm when activityoccurred which led to theregulatory action:
Product Type: No Product
Allegations: Hoffman was permanently barred by an SRO
Current Status: Final
Resolution: Order
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct? 7©2018 FINRA. All rights reserved. Report about ROBERT H. HOFFMANN.
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Resolution Date: 01/24/2018
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar (Permanent)
Capacities Affected: all
Duration:
Start Date: 01/24/2018
End Date:
Sanction 1 of 1
Sanction Type: Bar (Permanent)
Disclosure 2 of 3
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Reporting Source: Regulator
Regulatory Action InitiatedBy:
FINRA
Sanction(s) Sought: Other: n/a
Date Initiated: 11/16/2017
Docket/Case Number: 2017053596501
Employing firm when activityoccurred which led to theregulatory action:
Woodbury Financial Services, Inc.
Product Type: No Product
Allegations: Without admitting or denying the findings, Hoffman consented to the sanction andto the entry of findings that he refused to appear for FINRA-requested on-the-record testimony in connection with an investigation into allegations by a customerconcerning, among other things, potential unsuitable recommendations,unauthorized transactions, excessive trading, and private securities transactions.
Current Status: Final
Resolution:
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Resolution: Acceptance, Waiver & Consent(AWC)
Resolution Date: 11/16/2017
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Bar (Permanent)
If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?
No
(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?
(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
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(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
Capacities Affected: All capacities
Duration: Indefinite
Start Date: 11/16/2017
End Date:
Sanction 1 of 1
Sanction Type: Bar (Permanent)
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Disclosure 3 of 3
i
Reporting Source: Regulator
Regulatory Action InitiatedBy:
FINRA
Sanction(s) Sought:
Date Initiated: 09/01/2017
Docket/Case Number: 2015045024901
Employing firm when activityoccurred which led to theregulatory action:
Woodbury Financial Services, Inc.
Product Type: No Product
Allegations: Without admitting or denying the findings, Hoffmann consented to the sanctionsand to the entry of findings that he willfully failed to amend his Form U4 to timelydisclose an unsatisfied Internal Revenue Service (IRS) tax lien filed against him.
Current Status: Final
Resolution: Acceptance, Waiver & Consent(AWC)
Resolution Date: 09/01/2017
Sanctions Ordered:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Civil and Administrative Penalty(ies)/Fine(s)SuspensionOther: Respondent understands that this settlement includes a finding that hewillfully omitted to state material facts on a Form U4, and that under Section3(a)(39)(F) of the Securities Exchange Act of 1934 and Article III, Section 4 ofFINRA's By-Laws, this omission makes Respondent subject to a statutorydisqualification with respect to association with a member.
No
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If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?
No
(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?
(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or
(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
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(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?
Capacities Affected: All capacities
Duration: three months
Start Date: 09/05/2017
End Date: 12/04/2017
Sanction 1 of 1
Sanction Type: Suspension
Monetary Related Sanction: Civil and Administrative Penalty(ies)/Fine(s)
Total Amount: $5,000.00
Portion Levied againstindividual:
$5,000.00
Date Paid by individual:
Was any portion of penaltywaived?
No
Amount Waived:
Monetary Sanction 1 of 1
Payment Plan: deferred
Is Payment Plan Current:
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Customer Dispute - Settled
This type of disclosure event involves (1) a pending consumer-initiated, investment-related arbitration or civil suit thatcontains allegations of sales practice violations against the broker; or (2) a pending, consumer-initiated, investment-related written complaint containing allegations that the broker engaged in, sales practice violations resulting in
Disclosure 1 of 1
Reporting Source: Broker
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
WOODBURY FINANCIAL INC.
THE CUSTOMER ALLEGES THE REPRESENTATIVE HAD HER PURCHASE ANUNSUITABLE VARIABLE ANNUITY IN MAY 2014 THAT ALSO CREATED TAXCONSEQUENCES.
Product Type: Annuity-Variable
Alleged Damages: $0.00
Date Complaint Received: 08/22/2014
Complaint Pending? No
Status:
Status Date: 09/22/2015
Settlement Amount: $47,574.63
Individual ContributionAmount:
$0.00
Broker Statement THIS COMPLAINT WAS PREVIOUSLY DENIED BY THE FIRM 12/09/2014.
Customer Complaint Information
Settled
Alleged Damages AmountExplanation (if amount notexact):
DAMAGES NOT SPECIFIED BUT ASSESSED TO BE $5,000 OR GREATER.
Is this an oral complaint? No
Is this a written complaint? Yes
Is this an arbitration/CFTCreparation or civil litigation?
No
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Customer Dispute - Pending
This type of disclosure event involves (1) a pending consumer-initiated, investment-related arbitration or civil suit thatcontains allegations of sales practice violations against the broker; or (2) a pending, consumer-initiated, investment-related written complaint containing allegations that the broker engaged in, sales practice violations resulting incompensatory damages of at least $5,000, forgery, theft, or misappropriation, or conversion of funds or securities.
Disclosure 1 of 2
Reporting Source: Firm
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
WOODBURY FINANCIAL SERVICES, INC.
BREACH OF FIDUCIARY DUTY,SUITABILITY, MISREPRESENTATION SELLINGAWAY.
Product Type: Annuity-VariableOther: STERLING METAL
Alleged Damages: $0.00
Date Notice/Process Served: 11/15/2017
Arbitration Pending? Yes
Arbitration Information
Alleged Damages AmountExplanation (if amount notexact):
CLAIMANT DOES NOT STATE THE AMOUNT OF ALLEGED DAMAGES.
Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):
FINRA
Docket/Case #: 17-03043
Disclosure 2 of 2
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Reporting Source: Firm
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
WOODBURY FINANCIAL SERVICES INC
SUITABILITY, UNAUTHORIZED TRADING, CHURNING, SELLING-AWAY
Product Type: Annuity-VariableMutual FundOther: COAL COMPANY/AIRCRAFT COMPANY/REAL ESTATE INVESTMENT
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Annuity-VariableMutual FundOther: COAL COMPANY/AIRCRAFT COMPANY/REAL ESTATE INVESTMENT
Alleged Damages: $3,200,000.00
Date Notice/Process Served: 04/17/2017
Arbitration Pending? Yes
Arbitration Information
Alleged Damages AmountExplanation (if amount notexact):
IN EXCESS OF $3.2 MILLION IN DAMAGES ALLEGED.
Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):
FINRA
Docket/Case #: 17-00857
iReporting Source: Broker
Employing firm whenactivities occurred which ledto the complaint:
Allegations:
WOODBURY FINANCIAL SERVICES, INC.
SUITABILITY; UNAUTHORIZED TRADING; CHURNING
Product Type: Annuity-VariableMutual FundOther: COAL COMPANY AND AIRCRAFT COMPANY
Alleged Damages: $3,200,000.00
Date Complaint Received: 01/09/2017
Complaint Pending? No
Status:
Status Date: 04/17/2017
Settlement Amount:
Customer Complaint Information
Evolved into Arbitration/CFTC reparation (the individual is a named party)
Is this an oral complaint? No
Is this a written complaint? Yes
Is this an arbitration/CFTCreparation or civil litigation?
No
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Settlement Amount:
Individual ContributionAmount:
Date Notice/Process Served: 04/17/2017
Arbitration Pending? Yes
Arbitration Information
Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):
FINRA Dispute Resolution
Docket/Case #: 17-00857
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Financial - Pending
This type of disclosure event involves a pending bankruptcy, compromise with one or more creditors, or SecuritiesInvestor Protection Corporation liquidation involving the broker or an organization/brokerage firm the broker controlledthat occurred within the last 10 years.
Disclosure 1 of 1
Reporting Source: Regulator
Action Type: Bankruptcy
Action Date: 02/14/2018
Organization Investment-Related?
Action Pending? Yes
Proceedings in FINRA Arbitration Case #17-03043 and 17-00857 against RobertHayes Hoffman were stayed by Bankruptcy proceedings in the United StatesBankruptcy Court, Southern District of Indiana, Case #18-00774-RLM-7.
Regulator Statement
Bankruptcy: Chapter 7
Type of Court: Federal Court
Name of Court: United States Bankruptcy Court
Location of Court: Southern District of Indiana
Docket/Case #: 18-00774-RLM-7
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Judgment / Lien
This type of disclosure event involves an unsatisfied and outstanding judgments or liens against the broker.
Disclosure 1 of 1
Reporting Source: Broker
Judgment/Lien Amount: $106,991.00
Judgment/Lien Holder: IRS
Judgment/Lien Type: Tax
Date Filed with Court: 12/31/2014
Judgment/Lien Outstanding? Yes
Type of Court: State Court
Name of Court: Johnson County Recorder
Location of Court: Johnson County, IN
Docket/Case #: 2014026323
Date Individual Learned: 12/31/2014
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