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Transcript
Enforcement Notice
Decision
17-0078
For further information, please contact:
Enforcement Contact:
Warren Funt
Vice-President, Western Canada
604-331-4750
[email protected]
Media Contact:
Karen Archer
Manager, Media Relations
416-865-3046
[email protected]
Medicine Hat-based financial advisor fined $70,000 for making
unsuitable recommendations to a small business owner
April 4, 2017 (Calgary, Alberta) – On March 21, 2017, a Hearing Panel of the Investment
Industry Regulatory Organization of Canada (IIROC) accepted a Settlement Agreement, with
sanctions, between IIROC staff and Blaine Albert Kunz.
Mr. Kunz made unsuitable recommendations to a client when he employed an investment
strategy that involved a high degree of risk, which was contrary to the client’s stated
investment objectives and risk tolerance parameters. As a result of Mr. Kunz’s investment
recommendations, his client experienced a net loss of $463,587.
Mr. Kunz admitted that he failed to use due diligence to learn and remain informed of the
essential facts relative to his client and failed to use due diligence to ensure that
recommendations were suitable for his client.
Specifically, Mr. Kunz admitted to the following violation:
(a)
Between approximately December, 2010 and April, 2013, Mr. Kunz failed to use due
diligence to learn and remain informed of the essential facts relative to his client,
contrary to Dealer Member Rule 1300.1 (a); and
(b)
Between approximately December, 2010 and April, 2013, Mr. Kunz failed to used due
diligence to ensure that recommendations were suitable for his client, contrary to Dealer
Member Rule 1300.1 (q).
Pursuant to the Settlement Agreement, Mr. Kunz agreed to the following penalty:
(a)
A fine in the amount of $70,000.
Mr. Kunz also agreed to pay costs in the amount of $5,000.
The Settlement Agreement is available at:
http://docs.iiroc.ca/DisplayDocument.aspx?DocumentID=34B3DFEA81F04F2A9BA1063C4D0ADE98&Language=en
The Hearing Panel’s decision will be made available at www.iiroc.ca.
Documents related to ongoing IIROC enforcement proceedings – including Reasons and
Decisions of Hearing Panels – are posted on the IIROC website as they become available. Click
here to search and access all IIROC enforcement documents.
IIROC formally initiated the investigation into Mr. Kunz’s conduct in August 2014. The
violations occurred while he was a Registered Representative with the Medicine Hat, Alberta
branch of CIBC World Markets Inc., an IIROC-regulated firm. Mr. Kunz is currently a
Registered Representative at the Medicine Hat branch of CIBC World Markets Inc., an IIROCregulated firm.
* * *
IIROC is the national self-regulatory organization which oversees all investment dealers and
their trading activity in Canada’s debt and equity markets. IIROC sets high quality regulatory
and investment industry standards, protects investors and strengthens market integrity while
supporting healthy Canadian capital markets. IIROC carries out its regulatory responsibilities
through setting and enforcing rules regarding the proficiency, business and financial conduct
of dealer firms and their registered employees and through setting and enforcing market
integrity rules regarding trading activity on Canadian equity marketplaces.
IIROC investigates possible misconduct by its member firms and/or individual registrants. It
can bring disciplinary proceedings which may result in penalties including fines, suspensions,
permanent bars, expulsion from membership, or termination of rights and privileges for
individuals and firms.
All information about disciplinary proceedings relating to current and former member firms is
available in the Enforcement section of the IIROC website. Background information regarding
the qualifications and disciplinary history, if any, of advisors currently employed by IIROCregulated firms is available free of charge through the IIROC AdvisorReport service. Information
on how to make investment dealer, advisor or marketplace-related complaints is available by
calling 1 877 442-4322.
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IIROC Notice 17-0078 - Enforcement Notice/News Release – Decision- In the Matter of Blaine Albert Kunz – Settlement Accepted