Initiated By
FINRA
Allegations
ESCARCEGA WAS NAMED A RESPONDENT IN A FINRA COMPLAINT ALLEGING THAT HE MADE FALSE AND MISLEADING ORAL AND WRITTEN STATEMENTS TO CUSTOMERS IN CONNECTION WITH THEIR PURCHASES OF RENEWABLE SECURED DEBENTURES, WHICH ARE AN ILLIQUID AND HIGH-RISK ALTERNATIVE INVESTMENT. THE COMPLAINT ALLEGES ESCARCEGA FALSELY TOLD THE CUSTOMERS THAT THE DEBENTURES WERE SAFE, LOW-RISK, LIQUID, OR GUARANTEED. THE COMPLAINT ALSO ALLEGES THAT ESCARCEGA MADE UNSUITABLE RECOMMENDATIONS TO TWELVE CUSTOMERS TO PURCHASE A TOTAL OF ALMOST $1.5 MILLION OF THE DEBENTURES. ESCARCEGA'S RECOMMENDATIONS TO PURCHASE THE DEBENTURES WERE INCONSISTENT WITH HIS ELDERLY AND RETIRED CUSTOMERS' INVESTMENT OBJECTIVES AND RISK TOLERANCES AND/OR RESULTED IN AN EXCESSIVE CONCENTRATION OF THE CUSTOMER'S TOTAL INVESTABLE ASSETS OR NET WORTH IN A SPECULATIVE AND RISKY INVESTMENT. THE COMPLAINT FURTHER ALLEGES THAT ESCARCEGA DISTRIBUTED TO NUMEROUS CUSTOMERS A MISLEADING SALES BROCHURE REGARDING THE DEBENTURES. THE BROCHURE STATED THAT THE DEBENTURES ARE SECURED BY A PORTFOLIO OF LIFE INSURANCE POLICIES. IN FACT, AS STATED IN THE PROSPECTUS FOR THE DEBENTURES, THE LIFE INSURANCE POLICIES ARE PLEDGED AS COLLATERAL FOR A SEPARATE LINE OF CREDIT AND ARE NOT COLLATERAL FOR THE DEBENTURES. IN ADDITION, THE COMPLAINT ALLEGES THAT ESCARCEGA CAUSED FALSE BOOKS AND RECORDS TO BE MAINTAINED AT HIS MEMBER FIRM BY OVERSTATING HIS CUSTOMERS' NET WORTH AND ASSET COMPOSITION IN CUSTOMER ACCOUNT FORMS COMPLETED IN CONNECTION WITH THE DEBENTURES SALES. ESCARCEGA ALSO CAUSED CUSTOMER FORMS TO CONTAIN FALSE INFORMATION BY STATING THAT DEBENTURE PURCHASES BY CERTAIN CUSTOMERS DID NOT INVOLVE A PRODUCT SWITCH FROM ANOTHER INVESTMENT TO THE DEBENTURES. AS A RESULT OF HIS CONDUCT, ESCARCEGA WILLFULLY VIOLATED SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 10B-5 THEREUNDER AND FINRA RULE 2020.
Resolution
Decision
Bar
Bar (Permanent)
Registration Capacities Affected
All capacities
Duration
Indefinite
Start Date
7/20/2017
Sanctions
Disgorgement
Amount
$52,270.00
Sanctions
Monetary Penalty other than Fines
Amount
$6,553.16
Regulator Statement
Extended Hearing Panel Decision rendered February 29, 2016 wherein Escarcega is barred from association with any FINRA member in any capacity, ordered to disgorge as a fine $52,270, plus prejudgment interest, and ordered to pay costs of $5,267.67. The sanctions were based on findings that Escarcega intentionally or recklessly made materially false misrepresentations or omissions in connection with the sales of Renewable Secured Debentures to customers, in willful violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and FINRA Rule 2020. The findings stated that Escarcega had no basis to tell his customers that the debentures were guaranteed or safe when the prospectus was replete with warnings about their high risk as an investment. The findings also stated that Escarcega made unsuitable recommendations to customers by failing to take into account their overall financial situations and needs. The debentures were high-risk securities suitable only for investors with sufficient financial resources who could afford to lose their entire investment. These customers were not such investors. The findings also included that Escarcega caused his firm to make and preserve incorrect books and records. Escarcega failed to disclose on a customer's account documents that the purchase of more than $100,000 in debentures was a product switch and he also generated account forms that falsely inflated a couple's net worth. It was determined that FINRA did not establish by preponderance of the evidence that Escarcega distributed misleading sales literature, therefore this charge is dismissed. On March 24, 2016, Escarcega appealed the decision to the National Adjudicatory Council (NAC). The sanctions are not in effect pending the review. NAC Decision rendered July 20, 2017 wherein the NAC affirmed the sanctions and findings imposed by the Extended Hearing Panel Decision. The NAC also imposed appeal costs of $1,285.49. The bar is in effect as of July 20, 2017. The decision became final on August 22, 2017.
Broker Comment
Extended hearing panel decision rendered February 29, 2016 wherein Escarcega is fined $52,270, plus interest, barred from association with any FINRA member in any capacity, and ordered to pay costs of $5,267.67. The sanctions were based on findings that Escarcega made materially false misrepresentations or omissions in connection with the sales of Renewable Secured Debentures (Debentures) to customers, in violation of Section 10(b) of the Exchange Act, Rule 10b-5 thereunder, and FINRA Rules 2020. The findings stated that Escarcega had no basis to tell his customers that the Debentures were guaranteed or safe when the Prospectus contained warnings about their high risk as an investment. The findings also stated that Escarcega made unsuitable recommendations to customers by failing to take into account their overall financial situations and needs. The Debentures were high-risk securities suitable only for investors with sufficient financial resources who could afford to lose their entire investment. These customers were not such investors. The findings also included that Escarcega caused his firm to make and preserve incorrect books and records. Escarcega failed to disclose on a customer's account documents that the purchase of more than $100,000 in Debentures was a product switch and he also generated account forms that falsely inflated a couple's net worth. FINRA found that it did not establish by preponderance of the evidence that Escarcega distributed misleading sales literature, therefore this charge is dismissed. On March 24, 2016, Escarcega filed with the NAC a notice of appeal of the extended hearing panel decision. The sanctions are not in effect pending the review.