david howard fagenson - finradavid h. fagenson crd# 1652012 this broker is not currently registered....

BrokerCheck Report

DAVID HOWARD FAGENSON

Section Title

Report Summary

Broker Qualifications

Registration and Employment History

Disclosure Events

CRD# 1652012

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Page(s)

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https://www.AdviserInfo.sec.gov

http://www.finra.org/Investors/ToolsCalculators/BrokerCheck/P455414


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DAVID H. FAGENSON

CRD# 1652012

This broker is not currently registered.

Report Summary for this Broker

This report summary provides an overview of the broker's professional background and conduct. Additionalinformation can be found in the detailed report.

Disclosure Events

All individuals registered to sell securities or provideinvestment advice are required to disclose customercomplaints and arbitrations, regulatory actions,employment terminations, bankruptcy filings, andcriminal or civil judicial proceedings.

Are there events disclosed about this broker? Yes

The following types of disclosures have beenreported:

Type Count

Regulatory Event 5

Criminal 1

Customer Dispute 11

Termination 1

Financial 1

Investment Adviser RepresentativeInformation

https://www.adviserinfo.sec.gov

The information below represents the individual'srecord as a broker. For details on this individual'srecord as an investment adviser representative,visit the SEC's Investment Adviser PublicDisclosure website at



This broker has passed:

0 Principal/Supervisory Exams

2 General Industry/Product Exams

1 State Securities Law Exam

Registration History

This broker was previously registered with thefollowing securities firm(s):

NEWBRIDGE SECURITIES CORPORATIONCRD# 104065BOCA RATON, FL12/2016 - 01/2019

B

UBS FINANCIAL SERVICES INC.CRD# 8174PALM BEACH, FL09/2010 - 10/2016

B

MERRILL LYNCH, PIERCE, FENNER &SMITH INCORPORATEDCRD# 7691WEST PALM BEACH, FL08/2002 - 09/2010

B

www.finra.org/brokercheck User Guidance

1�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.


https://adviserinfo.sec.gov/individual/summary/1652012

http://www.finra.org/brokercheck

http://www.finra.org/brokercheck_reports



Registrations

This section provides the self-regulatory organizations (SROs) and U.S. states/territories the broker is currently registered and licensed with, thecategory of each license, and the date on which it became effective. This section also provides, for every brokerage firm with which the broker iscurrently employed, the address of each branch where the broker works.








Industry Exams this Broker has Passed

This individual has passed 0 principal/supervisory exams, 2 general industry/product exams, and 1 state securities law exam.

This section includes all securities industry exams that the broker has passed. Under limited circumstances, a broker may attain a registrationafter receiving an exam waiver based on exams the broker has passed and/or qualifying work experience. Any exam waivers that the broker hasreceived are not included below.

Exam Category Date

Principal/Supervisory Exams

No information reported.

Exam Category Date

General Industry/Product Exams

Securities Industry Essentials Examination 10/01/2018SIEB

General Securities Representative Examination 04/25/1987Series 7B

Exam Category Date

State Securities Law Exams

Uniform Securities Agent State Law Examination 05/06/1987Series 63B

Additional information about the above exams or other exams FINRA administers to brokers and other securities professionals can be found atwww.finra.org/brokerqualifications/registeredrep/.





www.finra.org/brokerqualifications/registeredrep/



Professional Designations

This section details that the representative has reported 0 professional designation(s).

No information reported.






Registration and Employment History

Registration History

Registration Dates Firm Name CRD# Branch Location

The broker previously was registered with the following firms:

B 12/2016 - 01/2019 NEWBRIDGE SECURITIES CORPORATION 104065 BOCA RATON, FL

B 09/2010 - 10/2016 UBS FINANCIAL SERVICES INC. 8174 PALM BEACH, FL

B 08/2002 - 09/2010 MERRILL LYNCH, PIERCE, FENNER &SMITH INCORPORATED

7691 WEST PALM BEACH, FL

B 09/1999 - 09/2002 MORGAN STANLEY DW INC. 7556 PURCHASE, NY

B 12/1992 - 10/1999 PAINEWEBBER INCORPORATED 8174 WEEHAWKEN, NJ

B 11/1992 - 12/1992 PAINEWEBBER INCORPORATED 8174

B 11/1990 - 11/1992 PRUDENTIAL SECURITIES INCORPORATED 7471 NEW YORK, NY

B 04/1987 - 11/1990 KIDDER, PEABODY & CO. INCORPORATED 7613 NEW YORK, NY

Employment History

Employment Employer Name Investment RelatedPosition Employer Location

This section provides up to 10 years of an individual broker's employment history as reported by the individual broker on the most recently filedForm U4.

Please note that the broker is required to provide this information only while registered with FINRA or a national securities exchangeand the information is not updated via Form U4 after the broker ceases to be registered. Therefore, an employment end date of"Present" may not reflect the broker's current employment status.

12/2016 - Present Newbridge Securities registeredrepresentative

Y Boca Raton, FL, UnitedStates

09/2010 - 09/2016 UBS FINANCIAL SERVICES INC FINANCIAL ADVISOR Y PALM BEACH, FL, UnitedStates

Other Business Activities

This section includes information, if any, as provided by the broker regarding other business activities the broker is currently engaged in either asa proprietor, partner, officer, director, employee, trustee, agent or otherwise. This section does not include non-investment related activity that isexclusively charitable, civic, religious or fraternal and is recognized as tax exempt.

DHF WOODWORKING: CRAFTSMAN, BUILD AND REPAIR FURNITURE, SOLE PROPRIETORSHIP.






Disclosure Events

What you should know about reported disclosure events:

1. All individuals registered to sell securities or provide investment advice are required to disclose customer complaints and arbitrations,regulatory actions, employment terminations, bankruptcy filings, and criminal or civil judicial proceedings.

2. Certain thresholds must be met before an event is reported to CRD, for example: o A law enforcement agency must file formal charges before a broker is required to disclose a particular criminal event. o A customer dispute must involve allegations that a broker engaged in activity that violates certain rules or conduct governing the

industry and that the activity resulted in damages of at least $5,000. o

3. Disclosure events in BrokerCheck reports come from different sources: o As mentioned at the beginning of this report, information contained in BrokerCheck comes from brokers, brokerage firms and

regulators. When more than one of these sources reports information for the same disclosure event, all versions of the event willappear in the BrokerCheck report. The different versions will be separated by a solid line with the reporting source labeled.

o4. There are different statuses and dispositions for disclosure events:

o A disclosure event may have a status of pending, on appeal, or final.§ A "pending" event involves allegations that have not been proven or formally adjudicated.§ An event that is "on appeal" involves allegations that have been adjudicated but are currently being appealed.§ A "final" event has been concluded and its resolution is not subject to change.

o A final event generally has a disposition of adjudicated, settled or otherwise resolved.§ An "adjudicated" matter includes a disposition by (1) a court of law in a criminal or civil matter, or (2) an administrative

panel in an action brought by a regulator that is contested by the party charged with some alleged wrongdoing.§ A "settled" matter generally involves an agreement by the parties to resolve the matter. Please note that brokers and

brokerage firms may choose to settle customer disputes or regulatory matters for business or other reasons.§ A "resolved" matter usually involves no payment to the customer and no finding of wrongdoing on the part of the

individual broker. Such matters generally involve customer disputes.

For your convenience, below is a matrix of the number and status of disclosure events involving this broker. Further informationregarding these events can be found in the subsequent pages of this report. You also may wish to contact the broker to obtain furtherinformation regarding these events.

Final On AppealPending

Regulatory Event 0 5 0

Criminal 0 1 0

Customer Dispute 1 10 N/A

Termination N/A 1 N/A

Financial 0 1 N/A






Disclosure Event Details

When evaluating this information, please keep in mind that a discloure event may be pending or involve allegations that are contested and havenot been resolved or proven. The matter may, in the end, be withdrawn, dismissed, resolved in favor of the broker, or concluded through anegotiated settlement for certain business reasons (e.g., to maintain customer relationships or to limit the litigation costs associated with disputingthe allegations) with no admission or finding of wrongdoing.

This report provides the information exactly as it was reported to CRD and therefore some of the specific data fields contained in the report maybe blank if the information was not provided to CRD.

Regulatory - Final

This type of disclosure event may involve (1) a final, formal proceeding initiated by a regulatory authority (e.g., a state securities agency, self-regulatory organization, federal regulatory such as the Securities and Exchange Commission, foreign financial regulatory body) for a violation ofinvestment-related rules or regulations; or (2) a revocation or suspension of a broker's authority to act as an attorney, accountant, or federalcontractor.

Disclosure 1 of 5

Reporting Source: Regulator

Regulatory Action InitiatedBy:

FINRA

Sanction(s) Sought: Suspension

Date Initiated: 10/23/2019

Docket/Case Number: 2018057351801

Employing firm when activityoccurred which led to theregulatory action:

N/A

Product Type: No Product

Allegations: Respondent Fagenson failed to respond to FINRA request for information.

Current Status: Final

Resolution: Letter

Resolution Date:

Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?

No






Resolution Date: 01/27/2020

Sanctions Ordered: Bar (Permanent)

If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?

No

(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?

(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or

(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?






Regulator Statement Pursuant to FINRA Rule 9552(h) and in accordance with FINRA's Notice ofSuspension and Suspension from Association letters dated October 23, 2019 andNovember 18, 2019, respectively, on January 27, 2020, Fagenson is barred fromassociation with any FINRA member in all capacities. Respondent failed to requesttermination of his suspension within three months of the date of the Notice ofSuspension; therefore, he is automatically barred from association with any FINRAmember in all capacities.


Capacities Affected: All capacities

Duration: Indefinite

Start Date: 01/27/2020

End Date:

Sanction 1 of 2

Sanction Type: Bar (Permanent)


Duration: n/a


End Date: 01/26/2020

Sanction 2 of 2

Sanction Type: Suspension






Disclosure 2 of 5

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FINRA





n/a


Allegations: Respondent Fagenson failed to comply with an arbitration award or settlementagreement or to satisfactorily respond to a FINRA request to provide informationconcerning the status of compliance.


Resolution: letter


Sanctions Ordered:


No

Suspension


No







Regulator Statement Pursuant to Article VI, Section 3 of FINRA By-Laws, and FINRA Rule 9554,Respondent Fagenson is suspended on October 19, 2018, for failure to complywith an arbitration award or settlement agreement or to satisfactorily respond to aFINRA request to provide information concerning the status of compliance.Associated case number - ARB 180033/Arbitration Case #17-00195



Duration: Indefinite


End Date:

Sanction 1 of 1


iReporting Source: Broker


FINRA











N/A


Allegations: RESPONDENT FAGENSON FAILED TO COMPLY WITH AN ARBITRATIONAWARD OR SETTLEMENT AGREEMENT OR TO SATISFACTORILY REPONDTO A FINRA REQUEST TO PROVIDE INFORMATION CONCERNING THESTATUS OF COMPLIANCE.


Resolution: LETTER


Sanctions Ordered:

Broker Statement PURSUANT TO ARTICLE VI, SECTION 3 OF FINRA BY-LAWS, AND FINRARULE 9554, RESPONDENT FAGENSON IS SUPSPENDED ON OCTOBER 19,2018, FOR FAILURE TO COMPLY WITH AN ARBITRATION AWARD ORSETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO A FINRAREQUEST TO PROVIDE INFORMATION CONCERNING THE STATUS OFCOMPLIANCE. ASSOCIATED CASE NUMBER- ARB 180033/ARBITRATIONCASE# 17-00195. ( MR FAGENSON WAS GRANTED A HEARING ANDSUSPENSION WAS PLACED ON HOLD UNTIL 11/20/2018. FINRA FILED U6 ON12/13/2018, AT WHICH TIME THE FIRM RECEIVED NOTICE THAT THERESPONDENT, BY COUNSEL HAD WITHDRAWAL HIS REQUEST FOR AHEARING ON 12/4/2018 AND THE NOTICE OF SUSPENSION ISSUED TORESPONDENT ON SEPTEMBER 28, 2018 SHALL BE DEEMED FINRA'S FINALACTION IN THIS MATTER.)


No

Suspension

Capacities Affected: ALL CAPACITIES

Duration: INDEFINITE


End Date:

Sanction 1 of 1







PURSUANT TO ARTICLE VI, SECTION 3 OF FINRA BY-LAWS, AND FINRARULE 9554, RESPONDENT FAGENSON IS SUPSPENDED ON OCTOBER 19,2018, FOR FAILURE TO COMPLY WITH AN ARBITRATION AWARD ORSETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO A FINRAREQUEST TO PROVIDE INFORMATION CONCERNING THE STATUS OFCOMPLIANCE. ASSOCIATED CASE NUMBER- ARB 180033/ARBITRATIONCASE# 17-00195. ( MR FAGENSON WAS GRANTED A HEARING ANDSUSPENSION WAS PLACED ON HOLD UNTIL 11/20/2018. FINRA FILED U6 ON12/13/2018, AT WHICH TIME THE FIRM RECEIVED NOTICE THAT THERESPONDENT, BY COUNSEL HAD WITHDRAWAL HIS REQUEST FOR AHEARING ON 12/4/2018 AND THE NOTICE OF SUSPENSION ISSUED TORESPONDENT ON SEPTEMBER 28, 2018 SHALL BE DEEMED FINRA'S FINALACTION IN THIS MATTER.)

Disclosure 3 of 5

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FINRA

Sanction(s) Sought:




UBS Financial Services Inc.

Product Type: Other: unspecified securities

Allegations: Without admitting or denying the findings, Fagenson consented to the sanction andto the entry of findings that he engaged in quantitatively unsuitable trading in theaccounts of three senior customers. The findings stated that Fagensonrecommended the trading in these senior customers' accounts and they followedsuch recommendations. The customers did not propose any trades of their own.As a result, Fagenson exercised de facto control over these customers' brokerageaccounts. During the period, one senior customer's brokerage account lostapproximately $283,314, while generating more than $260,000 in commissionsand markups for Fagenson and his member firm. Furthermore, the other twosenior customers' brokerage account lost approximately $239,000, whilegenerating more than $210,000 in commissions and markups for Fagenson andthe firm. Fagenson's trading in the accounts of these customers was excessiveand unsuitable given the customers' investment profiles, including their ages andrisk tolerances.


Resolution: Acceptance, Waiver & Consent(AWC)


Sanctions Ordered:


No





https://www.finra.org/rules-guidance/oversight-enforcement/finra-disciplinary-actions?search=2017052874401


Sanctions Ordered: SuspensionOther: In light of Fagenson's financial status, no monetary sanction has beenimposed.


No










Capacities Affected: All Capacities

Duration: eight months


End Date: 08/16/2019

Sanction 1 of 1




FINRA

Sanction(s) Sought:




UBS FINANCIAL SERVICES INC.

Product Type: Other: UNSPECIFIED SECURITIES

Allegations:17�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.




https://www.finra.org/rules-guidance/oversight-enforcement/finra-disciplinary-actions?search=2017052874401


Allegations: Without admitting or denying the findings, Fagenson consented to the sanction andto the entry of findings that he engaged in quantitatively unsuitable trading in theaccounts of three senior customers. The findings stated that Fagensonrecommended the trading in these senior customers' accounts and they followedsuch recommendations. The customers did not propose any trades of their own.As a result, Fagenson exercised de facto control over these customers' brokerageaccounts. During the period, one senior customer's brokerage account lostapproximately $283,314, while generating more than $260,000 in commissionsand markups for Fagenson and his member firm. Furthermore, the other twosenior customers' brokerage account lost approximately $239,000, whilegenerating more than $210,000 in commissions and markups for Fagenson andthe firm. Fagenson's trading in the accounts of these customers was excessiveand unsuitable given the customers' investment profiles, including their ages andrisk tolerances.


Resolution: Acceptance, Waiver & Consent(AWC)


Sanctions Ordered:


No

Suspension

Capacities Affected: ALL CAPACITIES

Duration: EIGHT MONTHS


End Date: 08/16/2019

Sanction 1 of 1


Disclosure 4 of 5

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FLORIDA OFFICE OF FINANCIAL REGULATION

Sanction(s) Sought:






Sanction(s) Sought: Denial


Docket/Case Number: 0123-SR-1/11 AND 0139-SR-3/11

URL for Regulatory Action:


UBS FINANCIAL SERVICES INC


Allegations: MAKING A MATERIAL MISSTATEMENT ON THE APPLICATION FORREGISTRATION


Resolution: Order


Sanctions Ordered:

Regulator Statement ON 4/12/2011, THE OFFICE OF FINANCIAL REGULATION ENTERED A FINALORDER ADOPTING THE STIPULATION AND CONSENT AGREEMENT IN THEMATTER OF DAVID HOWARD FAGENSON. MR. FAGENSON NEITHERADMITTED NOR DENIED THE FINDINGS BUT CONSENTED TO THE ENTRYOF FINDINGS BY THE OFFICE. THE OFFICE FOUND THAT MR. FAGENSON'SANSWER TO QUESTION 14A(1)(B) ON FORM U-4 WAS AN OMISSION OFPART OF HIS LAW ENFORCEMENT RECORD THAT WAS REQUIRED TO BEDISCLOSED ON THE APPLICATION FOR IA AGENT REGISTRATION.PURSUANT TO THE ORDER, MR. FAGENSON'S APPLICATION FORREGISTRATION AS AN ASSOCIATED PERSON (RA) OF UBS FINANCIALSERVICES INC. IS DENIED WITHOUT PREJUDICE TO REAPPLY.


No

Denial




Sanction(s) Sought:19�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.





Sanction(s) Sought: Denial


Docket/Case Number: 0123-SR-1/11 AND 0139-SR-3/11




Allegations: OMITTED PART OF A LAW ENFORCEMENT RECORD THAT WAS REQUIREDTO BE DISCLOSED.


Resolution: Order


Sanctions Ordered:

Broker Statement I DISCLOSED THE CRIMINAL CHARGE TO MY FORMER FIRM. MY MANAGERAND I WERE ADVISED IN WRITING BY THE COMPLIANCE PROFESSIONAL ATMY FORMER FIRM THAT AN AMENDMENT TO MY FORM U4 WAS NOTREQUIRED AT THAT TIME. I DISCLOSED SUBSEQUENT UPDATES OF THECRIMINAL MATTER TO MY FORMER FIRM AND WAS INFORMED THATDISCLOSURE WAS NOT YET REQUIRED. SUBSEQUENTLY, IN COMPLETINGA NEW FORM U4 IN CONNECTION WITH MY PRESENT EMPLOYMENT, IRELIED ON THE WRITTEN ADVICE I HAD RECEIVED FROM THECOMPLIANCE PROFESSIONAL AT MY FORMER FIRM, WHICH WAS TO THEEFFECT THAT DISCLOSURE WAS NOT REQUIRED UNTIL THE MATTERRESULTED IN A CONVICTION. ONCE MY CURRENT FIRM INFORMED METHAT THIS ADVICE WAS INCORRECT, AND THAT DISCLOSURE WASREQUIRED, I IMMEDIATELY CORRECTED MY FORM U4 AND DISCLOSEDTHE MATTER. I FILED MY CORRECTED AMENDED FORM U4 PRIOR TO THESTATE OF FLORIDA CONTACTING ME ABOUT THE MATTER.


No

Denial

Disclosure 5 of 5

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Sanction(s) Sought: Revocation


Docket/Case Number: 0139-SR-3/11

URL for Regulatory Action:




Allegations: OMITTED PART OF A LAW ENFORCEMENT RECORD THAT WAS REQUIREDTO BE DISCLOSED


Resolution: Order


Sanctions Ordered:

Regulator Statement ON 4/12/2011, THE OFFICE OF FINANCIAL REGULATION ENTERED A FINALORDER ADOPTING THE STIPULATION AND CONSENT AGREEMENT IN THEMATTER OF DAVID HOWARD FAGENSON. MR. FAGENSON NEITHERADMITTED NOR DENIED THE FINDINGS BUT CONSENTED TO THE ENTRYOF FINDINGS BY THE OFFICE. THE OFFICE FOUND THAT MR. FAGENSON'SANSWER TO QUESTION 14A(1)(B) ON FORM U-4 WAS AN OMISSION OFPART OF HIS LAW ENFORCEMENT RECORD THAT WAS REQUIRED TO BEDISCLOSED ON THE APPLICATION FOR BD AGENT REGISTRATION.PURSUANT TO THE ORDER, MR. FAGENSON'S REGISTRATION AS ANASSOCIATED PERSON OF UBS FINANCIAL SERVICES INC. IS REVOKEDWITHOUT PREJUDICE TO REAPPLY.


No

Revocation

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Reporting Source: Broker



Sanction(s) Sought: Revocation


Docket/Case Number: 0139-SR-3/11




Allegations: OMITTED PART OF A LAW ENFORCEMENT RECORD THAT WAS REQUIREDTO BE DISCLOSED.


Resolution: Order


Sanctions Ordered:

Broker Statement I DISCLOSED THE CRIMINAL CHARGE TO MY FORMER FIRM. MY MANAGERAND I WERE ADVISED IN WRITING BY THE COMPLIANCE PROFESSIONAL ATMY FORMER FIRM THAT AN AMENDMENT TO MY FORM U4 WAS NOTREQUIRED AT THAT TIME. I DISCLOSED SUBSEQUENT UPDATES OF THECRIMINAL MATTER TO MY FORMER FIRM AND WAS INFORMED THATDISCLOSURE WAS NOT YET REQUIRED. SUBSEQUENTLY, IN COMPLETINGA NEW FORM U4 IN CONNECTION WITH MY PRESENT EMPLOYMENT, IRELIED ON THE WRITTEN ADVICE I HAD RECEIVED FROM THECOMPLIANCE PROFESSIONAL AT MY FORMER FIRM, WHICH WAS TO THEEFFECT THAT DISCLOSURE WAS NOT REQUIRED UNTIL THE MATTERRESULTED IN A CONVICTION. ONCE MY CURRENT FIRM INFORMED METHAT THIS ADVICE WAS INCORRECT, AND THAT DISCLOSURE WASREQUIRED, I IMMEDIATELY CORRECTED MY FORM U4 AND DISCLOSEDTHE MATTER. I FILED MY CORRECTED AMENDED FORM U4 PRIOR TO THESTATE OF FLORIDA CONTACTING ME ABOUT THE MATTER.


No

Revocation






I DISCLOSED THE CRIMINAL CHARGE TO MY FORMER FIRM. MY MANAGERAND I WERE ADVISED IN WRITING BY THE COMPLIANCE PROFESSIONAL ATMY FORMER FIRM THAT AN AMENDMENT TO MY FORM U4 WAS NOTREQUIRED AT THAT TIME. I DISCLOSED SUBSEQUENT UPDATES OF THECRIMINAL MATTER TO MY FORMER FIRM AND WAS INFORMED THATDISCLOSURE WAS NOT YET REQUIRED. SUBSEQUENTLY, IN COMPLETINGA NEW FORM U4 IN CONNECTION WITH MY PRESENT EMPLOYMENT, IRELIED ON THE WRITTEN ADVICE I HAD RECEIVED FROM THECOMPLIANCE PROFESSIONAL AT MY FORMER FIRM, WHICH WAS TO THEEFFECT THAT DISCLOSURE WAS NOT REQUIRED UNTIL THE MATTERRESULTED IN A CONVICTION. ONCE MY CURRENT FIRM INFORMED METHAT THIS ADVICE WAS INCORRECT, AND THAT DISCLOSURE WASREQUIRED, I IMMEDIATELY CORRECTED MY FORM U4 AND DISCLOSEDTHE MATTER. I FILED MY CORRECTED AMENDED FORM U4 PRIOR TO THESTATE OF FLORIDA CONTACTING ME ABOUT THE MATTER.






Criminal - Final Disposition

This type of disclosure event involves a criminal charge against the broker that has resulted in a conviction, acquittal, dismissal, or plea. Thecriminal matter may pertain to any felony or certain misdemeanor offenses, including bribery, perjury, forgery, counterfeiting, extortion, fraud, andwrongful taking of property.

Disclosure 1 of 1


Charge Date: 01/07/2010

If charge(s) were broughtagainst an organization overwhich broker exercisedcontrol:

Organization Name:

Investment RelatedBusiness:

No

Broker’s Position:

Name of Court: PALM BEACH COUNTY FLORIDA

Location of Court: WEST PALM BEACH FLORIDA

Docket/Case #: 2009CF14038AXXXMB

Formal Charges werebrought in:

State Court

FormalCharge(s)/Description:

CULTIVATION OF MARIJUANA CLASS 3 FELONY

No of Counts: 1

Felony or Misdemeanor: Felony

Plea for each charge: INNOCENT

Disposition of charge: I PLAN ON PLEADING INNOCENT AT HEARING ON 9/20/2010

Date of Amended Charge: 09/20/2010

Charge was Amended orreduced to:

1 COUNT OF POSSESSION OF MARIJUANA LESS THAN 20 GRAMS.MISDEMEANOR CHARGE.

Amended No of Counts: 1

Amended Charge: Misdemeanor

Amended Plea: ADJ W/HELD AS TO CTS.

Charge(s) 1 of 1







Status Date: 09/20/2010

Broker Statement IN JAN OF 2010 I WAS CHARGED WITH A CLASS 3 FELONY FOR THECULTIVATION OF MARIJUANA. I IMMEDIATLY BROUGHT THIS TO THEATTENTION OF MY MERRILL LYNCH MANAGER. HE THEN IMMEDIATLYCONTACTED THE COMPLEX ADMINISTRATIVE MANAGER. THEADMINISTRATIVE MANAGER INFORMED THE BRANCH MANANGER THATTHE FINRA REPORTING REQUIREMENT FOR A FELONY ARREST IN THESTATE OF FLORIDA IS "SILENT". I WAS INFORMED THAT IF/WHEN THECHARGES CHANGED THEN ADDITIONAL REPORTING IS NECESSARY.HOWEVER, UNTIL THE TIME WHEN SOMETHING CHANGED, I WAS TOLDTHAT DISCLOSURE WASN'T REQUIRED. ADMIN MANAGER ALSOCONFIRMED THIS WITH BANK OF AMERICA HR AND REGISTRATION.BASED UPON THAT ERRANT GUIDANCE I WAS LEAD TO BELIEVE THATDISCLOSURE OF THIS ARREST WOULD NOT BE REQUIRED UNTIL THELEGAL SITUATION WAS RESOLVED. EARLY TERMINATED PROBATON WASGRANTED ON 1/24/2011.

Disposition Date: 09/20/2010

Sentence/Penalty: FELONY CHARGE WAS REDUCED TO A MISDEMEANOR CHARGE OFPOSSESSION OF MARIJUANA. 6 MONTHS PROBATION EFFECTIVE9/20/2010. MAY APPLY FOR EARLY TERMINATION AFTER 3 MONTHSPROVIDED ALL CONDITIONS ARE SATIFIED. EARLY TERMINATEDPROBATON WAS GRANTED ON 1/24/2011.

Amended Plea: ADJ W/HELD AS TO CTS.

Disposition of AmendedCharge:

6 MONTHS PROBATION/ EARLY TERMINATED PROBATON WAS GRANTEDON 1/24/2011.






Customer Dispute - Settled

This type of disclosure event involves a consumer-initiated, investment-related complaint, arbitration proceeding or civil suit containing allegationsof sale practice violations against the broker that resulted in a monetary settlement to the customer.

Disclosure 1 of 8

Reporting Source: Firm

Employing firm whenactivities occurred which ledto the complaint:

Allegations:

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED

THE CUSTOMER ALLEGES UNSUITABLE INVESTMENTRECOMMENDATIONS,UNAUTHORIZED TRADING ANDMISREPRESENTATION AND OMISSION OF MATERIAL FACTS FROM 2007 TO2010.

Product Type: Other: CLOSED END FUNDS

Alleged Damages: $0.00

Date Complaint Received: 12/28/2012

Complaint Pending? No

Status:


Settlement Amount: $35,000.00

Customer Complaint Information

Settled

Alleged Damages AmountExplanation (if amount notexact):

DAMAGES ARE NOT SPECIFIED.

Is this an oral complaint? No

Is this a written complaint? No

Is this an arbitration/CFTCreparation or civil litigation?

Yes

Arbitration/Reparation forumor court name and location:

FINRA

Docket/Case #: 12-04248

Filing date ofarbitration/CFTC reparationor civil litigation:

12/14/2012







Individual ContributionAmount:

$0.00



Allegations:


THE CUSTOMER ALLEGES UNSUITABLE INVESTMENTRECOMMENDATIONS,UNAUTHORIZED TRADING ANDMISREPRESENTATION AND OMISSION OF MATERIAL FACTS FROM 2007 TO2010.

Product Type: Other: CLOSED END FUNDS




Status:




$0.00


Settled


DAMAGES ARE NOT SPECIFIED.


Is this a written complaint? No


Yes


FINRA



12/14/2012







$0.00

Disclosure 2 of 8

i



Allegations:


THE CUSTOMER ALLEGES MISREPRESENTATION, UNAUTHORIZEDTRADING, EXCESSIVE TRADING AND UNSUITABLE INVESTMENTRECOMMENDATIONS FROM JULY 2004 TO SEPTEMBER 2010.

Product Type: Debt-Corporate

Alleged Damages: $3,300,000.00



Status:


Settlement Amount:


Date Notice/Process Served: 02/10/2012

Arbitration Pending? No

Disposition: Settled


Arbitration Information

Evolved into Arbitration/CFTC reparation (the individual is a named party)


Is this a written complaint? Yes


No

Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):

FINRA









Monetary CompensationAmount:

$112,500.00


$0.00



Allegations:


THE CUSTOMER ALLEGES MISREPRESENTATION, UNAUTHORIZEDTRADING, EXCESSIVE TRADING AND UNSUITABLE INVESTMENTRECOMMENDATIONS FROM JULY 2004 TO SEPTEMBER 2010.

Product Type: Debt-Corporate




Status:


Settlement Amount: $0.00


$0.00







No


FINRA

Docket/Case #: 12-0032929�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.










$112,500.00


$0.00


Disclosure 3 of 8

i



Allegations:

UBS FINANCIAL SERVICES INC. & MERRILL LYNCH, PIERCE, FENNER &SMITH INCORPORATED

CLAIMANT ALLEGES MISREPRESENTATIONS OF FEES AND RISK OFINVESTMENTS, EXCESSIVE TRADING AND UNSUITABLE INVESTMENTRECOMMENDATIONS FROM SEPTEMBER 2010 TO MAY 2011.

Product Type: Other: MISCELLANEOUS




Status:


Settlement Amount:








No











$20,000.00



$0.00


FINRA


Disclosure 4 of 8

i



Allegations:

MORGAN STANLEY DW, INC.

FINANCIAL ADVISOR MISREPRESENTED AMOUNT OF ANNUAL FEE TOCHARGED TO CHOICE ACCOUNTS IN 2002.

Product Type: Other

Other Product Type(s): FEE BASED ACCOUNTS

Alleged Damages: $10,200.00



Status:




$0.00


Settled








Allegations:

MORGAN STANLEY DW, INC

FINANCIAL ADVISOR MISREPRESENTED AMOUNT OF AN ANNUAL FEE TOCHARGE TO CHOICE ACCOUNTS IN 2002.

Product Type: Equity Listed (Common & Preferred Stock)




Status:




$0.00


Settled

Disclosure 5 of 8

i



Allegations:

MORGAN STANLEY DW INC.

FAILURE TO FOLLOW INSTRUCTIONS.

Product Type: Other

Other Product Type(s): COMMON STOCK




Status:


Settled









$10,000.00



Allegations:



Product Type: Other

Other Product Type(s): COMMON STOCK




Status:




$10,000.00


Settled

Disclosure 6 of 8

i



Allegations:



Product Type: Other

Other Product Type(s): COMMON STOCKS


Customer Complaint Information 33�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.







Status:




$10,000.00


Settled



Allegations:



Product Type: Other

Other Product Type(s): COMMON STOCKS




Status:




$10,000.00


Settled

Disclosure 7 of 8

i



Allegations:

PAINEWEBBER INC.






Allegations: CLAIMANT ALLEGES NEGLIGENCE AND BREACH OF FIDUCIARY DUTY INFAILING TO NOTICE AND NOTIFY PLAINTIFF THAT PLAINTIFF'S HUSBANDWAS FORGING HER NAME ON HER SECURITIES ACCOUNT CHECKS ANDIMPROPERLY WITHDRAWING HER FUNDS. DAMAGES UNSPECIFIED.

Product Type: Other

Other Product Type(s): PRODUCT UNSPECIFIED.

Alleged Damages:



Status:


Settlement Amount:


Court Details: PROVIDENCE SUPERIOR COURT, PROVIDENCE, RI.


Litigation Pending? No




$30,000.00


$0.00


Civil Litigation Information

Litigation



Allegations:

PAINEWEBBER INC.

CLAIMANT ALLEGES NEGLIGENCE AND BREACH OF FIDUCIARY DUTY INFAILING TO NOTICE AND NOTIFY PLAINTIFF THAT PLAINTIFF;S HUSBANDWAS FORGING HER NAME ON HER SECURITIES ACCOUNT CHECKS ANDIMPROPERLY WITHDRAWING HER FUNDS. DAMAGES UNSPECIFIED. 35�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.





CLAIMANT ALLEGES NEGLIGENCE AND BREACH OF FIDUCIARY DUTY INFAILING TO NOTICE AND NOTIFY PLAINTIFF THAT PLAINTIFF;S HUSBANDWAS FORGING HER NAME ON HER SECURITIES ACCOUNT CHECKS ANDIMPROPERLY WITHDRAWING HER FUNDS. DAMAGES UNSPECIFIED.





Status:


Settlement Amount:


Court Details: PROVIDENCE SUPERIOR COURT, PROVIDENCE, RIDOCKET/CASE NUMBER WC2000481


Litigation Pending? No




$30,000.00


$0.00


Civil Litigation Information

Litigation

Disclosure 8 of 8

i



Allegations: COMPLAINT ALLEGED PRODUCT FAILURE OFPAINEWEBBER SHORT TERM GOV'T FUND.

Product Type:

$13,838.9836�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.








Status:

Status Date:



Broker Statement BROKER AGREED TO REIMBURSE CLIENTS FOR LOSSES OF$13,838.98. CLIENT COMPLAINED WHEN PAYMENTS WERE LATE AND FIRMADVANCED MONEY. BROKER TO REIMBURSE FIRM IN FULL.Not Provided


Settled






Customer Dispute - Closed-No Action / Withdrawn / Dismissed / Denied

This type of disclosure event involves (1) a consumer-initiated, investment-related arbitration or civil suit containing allegations of sales practiceviolations against the individual broker that was dismissed, withdrawn, or denied; or (2) a consumer-initiated, investment-related written complaintcontaining allegations that the broker engaged in sales practice violations resulting in compensatory damages of at least $5,000, forgery, theft, ormisappropriation, or conversion of funds or securities, which was closed without action, withdrawn, or denied.

Disclosure 1 of 2



Allegations:

UBS Financial Services Inc

August 15, 2012 to September 27, 2016

The client alleges he was promised a certain rate on his fees in a discretionaryaccount was completely overcharged.

Product Type: Other: Managed Wrap Account In house Money Mgr




Status:


Settlement Amount: $0.00



Arbitration Award/Monetary Judgment (for respondents/defendants)




Yes


FINRA



12/20/2017









Allegations:


AUGUST 15, 2012 TO SEPTEMBER 27, 2016 THE CLIENT ALLEGES HE WASPROMISED A CERTAIN RATE ON HIS FEES IN A DISCRETIONARY ACCOUNTWAS COMPLETELY OVERCHARGED.

Product Type: Other: MANAGED WRAP ACCOUNT IN HOUSE MONEY MGR



Complaint Pending? Yes

Settlement Amount:






Yes


FINRA



12/20/2017

Disclosure 2 of 2

i








Allegations:


Time Frame: 2011 - 2016Client's Counsel alleges that former FA was not licensed as a broker and thus thefees charged to her account were inappropriately charged.





Status:


Settlement Amount:



Denied




No



Allegations:


Time Frame: 2011 - 2016 Client's Counsel alleges that former FA was not licensedas a broker and thus the fees charged to her account were inappropriatelycharged.












Status:


Settlement Amount:



Denied


No






Customer Dispute - Pending

This type of disclosure event involves (1) a pending consumer-initiated, investment-related arbitration or civil suit that contains allegations of salespractice violations against the broker; or (2) a pending, consumer-initiated, investment-related written complaint containing allegations that thebroker engaged in, sales practice violations resulting in compensatory damages of at least $5,000, forgery, theft, or misappropriation, orconversion of funds or securities.

Disclosure 1 of 1



Allegations:


Time Frame: 2013 to 2016Client alleges that unauthorized trades were made in his account and that he gaveinstructions to place stop-loss orders on several investments that were notentered.

Product Type: Other: equities




Status:




$0.00



Settled


Estimated to be in excess of $5,000




No


FINRA







Arbitration Pending? Yes


FINRA




Allegations:


TIME FRAME: 2013 TO 2016 CLIENT ALLEGES THAT UNAUTHORIZEDTRADES WERE MADE IN HIS ACCOUNT AND THAT HE GAVE INSTRUCTIONSTO PLACE STOP-LOSS ORDERS ON SEVERAL INVESTMENTS THAT WERENOT ENTERED.

Product Type: Other: EQUITIES




Status:




$0.00



Settled


ARBITRATION AMOUNT




No







Arbitration Pending? Yes

Broker Statement UBS SETTLED THE CUSTOMER COMPLAINT ON 7/28/2017. THEN CLAIMANTFILED AN ARBITRATION AGAINST THE REPRESENTATIVE ONLY.



FINRA







Employment Separation After Allegations

This type of disclosure event involves a situation where the broker voluntarily resigned, was discharged, or was permitted to resign after beingaccused of (1) violating investment-related statutes, regulations, rules or industry standards of conduct; (2) fraud or the wrongful taking ofproperty; or (3) failure to supervise in connection with investment-related statutes, regulations, rules, or industry standards of conduct.

Disclosure 1 of 1


Employer Name: UBS Financial Services Inc.

Termination Type: Discharged

Termination Date: 09/26/2016

Allegations: The Financial Advisor was discharged after a review found that while onheightened supervision, he violated firm policy by exercising time and pricediscretion, texting with clients and engaging in short term trading of preferredshares.



Employer Name: UBS FINANCIAL SERVICES INC.

Termination Type: Discharged

Termination Date: 09/26/2016

Allegations: THE FINANCIAL ADVISOR WAS DISCHARGED AFTER A REVIEW FOUNDTHAT WHILE ON HEIGHTENED SUPERVISION, HE VOLIATED FIRM POLICYBY EXERCISING TIME AND PRICE DISCRETION, TEXTING WITH CLIENTSAND ENGAGING IN SHORT TERM TRADING OF PREFERRED SHARES.







Financial - Final

This type of disclosure event involves a bankruptcy, compromise with one or more creditors, or Securities Investor Protection Corporationliquidation involving the broker or an organization/brokerage firm the broker controlled that occurred within the last 10 years.

Disclosure 1 of 1


Action Type: Bankruptcy

Action Date: 03/16/2018

Organization Investment-Related?

Action Pending? No

Disposition: Dismissed


PROCEEDINGS IN FINRA ARBITRATION CASE #17-02278 AGAINST DAVIDHOWARD FAGENSON WERE STAYED BY BANKRUPTCY PROCEEDINGS INTHE UNITED STATES BANKRUPTCY COURT, FLORIDA SOUTHERN - PALMBEACH, CASE #18-13063.

September 13, 2018 - Order Granting Motion to Dismiss Case. Dismissal Shall Bewith 18 Months Prejudice-

Regulator Statement

Bankruptcy: Chapter 7

Type of Court: Federal Court

Name of Court: UNITED STATES BANKRUPTCY COURT

Location of Court: FLORIDA SOUTHERN - PALM BEACH



Action Type: Bankruptcy

Action Date: 03/16/2018

Organization Investment-Related?

Bankruptcy: Chapter 7

Federal Court46�2021 FINRA. All rights reserved. Report about DAVID H. FAGENSON.





Action Pending? No

Disposition: Dismissed


Type of Court: Federal Court

Name of Court: UNITED STATES BANKRUPTCY COURT

Location of Court: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION







End of Report

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david howard fagenson - finradavid h. fagenson crd# 1652012 this broker is not currently registered....

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