August 28, 2013

Coral Gables, Florida Broker Barred by FINRA for Impersonating Customer to Access His Account

business man holding his head with text asking questions about stock broker misconduct

Soreide Law Group, a Securities Arbitration Law Firm, (888) 760-6552, obtained the following information on FINRA’s website under “Disciplinary and Other FINRA Actions, August, 2013.”

Giancarlo Ciocca (CRD #4252148, Registered Representative, Coral Gables, Florida)

was barred from association with any FINRA member in any capacity. Without admitting or denying the findings, Ciocca consented to the described sanction and to the entry of findings that he impersonated one of his customers at his member firm during a telephone call with a firm call center employee.

FINRA's findings stated that Ciocca did so in order to obtain online access to the customer’s account. The customer was not on the call; instead Ciocca, impersonating the customer, was on the call with his sales assistant. After Ciocca obtained online access to the account, he used that access to change account preferences so his firm would no longer send hard-copy statements to the customer and to change the email address associated with the account to one Ciocca controlled.

Also, these findings stated that the customer sustained market losses in his account and Ciocca tried to prevent the customer from learning of those losses. Ciocca created and sent the customer inaccurate account performance reports, which listed transactions that had not occurred and did not reflect the actual losses that had been incurred in the account. Ciocca misrepresented to his firm that he was in compliance with firm policies prohibiting the creation of performance reports. The customer complained to Ciocca, who then attempted to settle the customer’s complaint. This firm did not authorize the settlement offer, which was made without the firm’s knowledge.

The findings also included that Ciocca failed to respond to a request for information and documents. FINRA also issued a request to Ciocca for an on-the-record interview. After being warned that a failure to appear would be a violation of FINRA Rule 8210, Ciocca’s counsel informed FINRA that Ciocca would not appear for the interview as requested or at any other time.
(FINRA Case #2011027886902)

Giancarlo Ciocca was previously registered with FINRA at the following brokerage firms:

INTERBOLSA SECURITIES, LLC
CRD# 150715
MIAMI, FL
04/2011 - 06/2011

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
CRD# 7691
MIAMI, FL
09/2000 - 05/2011

This ends the information obtained on FINRA’s website.

Call for a free consultation with an attorney on how to potentially recover losses: 888-760-6552.

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