Question
Assume you sit on FP Canadas Conduct Review Panel. What sanction(s), if any, would you recommend in Cunningham case, and why? Your recommendation(s) should be
Assume you sit on FP Canadas Conduct Review Panel. What sanction(s), if any, would you recommend in Cunningham case, and why? Your recommendation(s) should be consistent with the penalties studied in the disciplinary cases.
Format: Answers should be limited to 300 words and clearly written in full sentences. Ethics Case: Sandra Cunningham Sandra Cunningham, a CFP professional, has been providing Joseph Fullerton, age 90, with financial planning advice for over 20 years. She is also a Registered Representative under IIROC and is therefore able to implement his investment plan. Josephs inve 30% preservation of capital (safety). stment objectives are 10% growth, 60% income and Joseph has complete trust in his son Edward who is an investment banker, so he always includes him in meetings with Sandra. Although Joseph has not been willing to rel inquish control over his investments to his son, Sandra finds it easier to call Edward to discuss changes in his fathers investments. Joseph has never questioned this practice. Sandra has received some very valuable investment tips from Edward who speci alizes in renewable energy companies with promising technology. He seeks to bring these private companies public via an IPO. Due to her lack of knowledge in this area, Sandra defers to Edward in selecting these types of investments for Josephs account and her own. Her faith in Edward is based on his reputation in the industry. However, Joseph is unaware that she has invested in the same renewable energy securities that he holds. At one point, Sandra erred when entering an order in Josephs account for a renewable energy stock recommended by his son by purchasing more shares than he desired. She corrected the error by transferring the excess shares to her own account and transferred cash from her account to Josephs to pay for them. Sandra informed Joseph how she fixed the error. of the error assured him that he did not suffer a loss but did not disclose Recently, the research department at Sandras firm put out a report highlighting the fact that renewable energy stocks, having benefited from the environ mental movement, were vastly overvalued. Sandra sold her holdings but did not advise Joseph to do the same; she assumed he would be guided by his son. Sandra was silent on the matter also because she did not want to insult Edwards expertise, which might c ause her to lose Josephs business and therewith access to Edwards investment ideas. As the months went on, renewable energy stocks continued to soar. Sandra reflected that she had done the right thing by not rocking the boat with Joseph and Edward. Aft er all, Joseph had done well by Edwards recommendations.
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