MARTIN A BARTH Suspended by FINRA

MARTIN ALLAN BARTH (MARTIN A BARTH) has been suspended by FINRA for 16 months, with a start date of 4/21/2025 and an end date of 8/20/2026.  FINRA stated that in light of Barth's financial status, no monetary sanctions have been imposed. MARTIN A BARTH was most recently listed as a broker with NI ADVISORS of MILPITAS, CA from 03/23/2022 - 04/21/2025, and with SW FINANCIAL of MELVILLE, NY (FINRA expelled the firm on 05/12/2023) from 09/20/2018 - 03/23/2022.

FINRA’s BrokerCheck report, available to the public on FINRA’s website, states that MARTIN A BARTH has 26 years of experience in the securities industry and has been listed with 6 firms. Barth has 2 disclosures on his FINRA CRD report, a “Customer Dispute” dated 1/23/2013 which settled for $75,000.00, and the “Regulatory” suspending him dated 3/21/2025.

According to the FINRA report suspending Barth, without admitting or denying FINRA’s findings, MARTIN A BARTH consented to the sanction and to the entry of findings that he allegedly violated FINRA Rule 2010 by acting in contravention of Sections 17(a)(2) and (3) of the Securities Act of 1933 by making material misrepresentations and omissions in connection with marketing private placement offerings to other selling representatives at his member firm and recommending those offerings to his own clients.

FINRA’s findings alleged that the offerings' sole purpose was to raise capital for an investment in a real estate investment trust (REIT). Allegedly, MARTIN A BARTH  recommended two offerings to prospective investors and encouraged other representatives at his firm to recommend the offerings to their clients.

According to the FINRA report, MARTIN A BARTH allegedly reviewed and disseminated offering documents, including private placement memoranda and subscription agreements. The offering documents disclosed that the selling representative and firm would receive a 5% sales commission on any investment in the offerings, and that the firm would receive a 3% dealer/manager fee.

FINRA alleges that MARTIN A BARTH was separately associated with an affiliate of the REIT's management company and was entitled to receive additional selling compensation directly from the affiliate. The report states that the offering documents did not disclose Barth's entitlement to this additional compensation.  FINRA claims that in connection with his work on these two offerings, Barth omitted material information when marketing and soliciting investments in the offerings. Also, according to FINRA, MARTIN A BARTH allegedly knew or was negligent in not knowing, but failed to disclose to prospective investors and other selling representatives at the firm, that the REIT's management company had been unsuccessfully pursuing a public listing for the REIT for several years, and that the management company was experiencing negative cashflow.

According to FINRA BrokerCheck, MARTIN A BARTH's firm sold the offerings to 21 investors. The total principal amount of the investments was approximately $1.6 million, two of the investors were Barth's clients, who invested a total of $55,000 in the offerings based on Barth's recommendations. MARTIN A BARTH received more than $30,000 in connection with marketing and recommending the offerings, of which more than $23,000 was undisclosed compensation paid by the affiliate.

FINRA’s findings also stated that MARTIN A BARTH allegedly made reckless misrepresentations of material facts and omitted material information in communications with the New York State Department of Labor (NYDOL) in connection with applying for, and receiving, Pandemic Unemployment Assistance (PUA). FINRA states that Barth allegedly submitted 70 certifications claiming PUA benefits. In each certification, Barth allegedly represented that he did not work and did not receive compensation exceeding $504 during the prior week, which was the maximum amount he could earn in a week and still receive full unemployment benefits for that week. According to the FINRA report, allegedly throughout this period, Barth worked for his firm and his OBA, and he received income that exceeded the $504 weekly threshold 34 out of 70 times. In total, while receiving PUA benefits, Barth earned approximately $50,000 in income. As a result of MARTIN A BARTH's alleged misrepresentations and omissions, the NYDOL provided him with approximately $37,000 in PUA benefits to which he was not entitled.

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