November 28, 2023 – An AWC was issued in which Prukner was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in all capacities for 24 months. Without admitting or denying the findings, Prukner consented to the sanctions and to the entry of findings that he engaged in an OBA as an owner and co-CEO of a company that engaged in e-commerce and lead generation without providing prior written notice to his member firm. The findings stated that the OBA’s customers—including certain firm customers and registered representatives—each paid an up-front fee of at least $40,000 per e-commerce storefront and $4,000 per digital real estate website. The OBA’s customers then received a percentage of any income those storefronts and websites generated. Prukner orally discussed the e-commerce storefront component of the OBA with senior compliance personnel at the firm’s parent company. The firm then approved the e-commerce storefront component of Prukner’s OBA, by which time more than 33 customers had already paid substantial fees to the OBA. Approximately six months later, the digital real estate component of the OBA was reported to the firm. By this time, over 200 OBA customers had already purchased over 900 digital real estate websites, and Prukner had earned substantial income from his involvement with the OBA.
Following its approval of the e-commerce storefront component of Prukner’s OBA, the firm learned that the OBA had been marketed to other firm registered representatives, potentially creating a conflict of interest with Prukner’s firm business. The firm warned Prukner to stop this conduct and requested further information about the company, including the names of any firm customers or registered representatives who had purchased e-commerce storefronts. Prukner did not provide the requested information. Failure to provide complete and prior written OBA disclosures to the firm undermined its ability to evaluate the OBA and determine whether to restrict or prohibit Prukner’s participation in it. The firm later directed Prukner to stop engaging in any marketing activities for the e-commerce storefront component, which was the only component of the OBA Prukner had disclosed to the firm. Nonetheless, Prukner continued to market products of the company. Ultimately, the firm made Prukner choose between his OBA and working for it. Prukner chose to continue with his OBA and after winding down his firm business, he left the firm.
The suspension is in effect from December 4, 2023, through December 3, 2025. (FINRA Case #2022074939301)
Ian James Prukner (CRD #5288581, Sarasota, Florida)
November 28, 2023 – An AWC was issued in which Prukner was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in all capacities for 24 months. Without admitting or denying the findings, Prukner consented to the sanctions and to the entry of f
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