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Mitchell Kurtz: FINRA Barred Former Henley & Company Advisor; $1.1 Million Complaint

A disciplinary action taken by the Financial Industry Regulatory Authority against former Roslyn Heights, New York broker and investment advisor Mitchell Kurtz (CRD# 2437746) barred him after finding he failed to provide documents and information requested by FINRA as part of an investigation into allegations of activity including outside business activities and selling away. A former representative of Henley & Company, Kurtzwas barred from acting as a broker or otherwise associating with a broker-dealer firm.

According to a Letter of Acceptance, Waiver and Consent (No. 2018059423701) dated December 2018, FINRA sent Mitchell Kurtz requests on September 6 and 20, 2018 for documents and information connected to its examination of disclosures on his Form U5 indicating that he violated “both FINRA and SEC rules and firm policies and procedures regarding g outside business activities, selling away, fiduciary duty obligations, violation of professional standards and the Firm’s Code of Ethics.” FINRA’s findings state that Kurtz indicated to FINRA through counsel that he had received the requests but would not produce the requested documents and information. FINRA found that this refusal constituted violations of FINRA Rules 8210 and 2010. As a result of the foregoing alleged conduct, he was barred from association with any FINRA member in any capacity.

Mitchell Kurtz’s disclosure records also list three settled customer complaints and one pending customer complaint against him.

One such complaint, filed in 2011, alleged that as a representative of Advest and Raymond James Financial Services, he made misrepresentations and unsuitable investment recommendations from June 2005 until January 2006. The complaint reached a settlement of $35,000.

A complaint filed in 2009 alleged that as a representative of Raymond James Financial Services, Mitchell Kurtz breached his fiduciary duty, breached the covenant of good faith and fair dealing, breached contract, churned investments, made unsuitable transactions, executed unauthorized transactions, acted negligently, committed fraud and deceit, and violated industry rules. The complaint reached a settlement of $1,100,000.

A complaint filed in 2003 alleged that as a representative of Advest, he churned investments and recommended unsuitable products. The complaint reached a settlement of $400,000.

Mitchell Kurtz is not currently registered as a broker or investment advisor. His employment history includes Henley & Company in Roslyn Heights, New York, Raymond James Financial Services, and Advest. He currently holds no state licenses and has passed six securities industry qualification examinations.

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