Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Private Funds
Private funds reported by J W Korth & Company
Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to J W Korth & Company.
Reported ownership and control details
Form ADV · Filing date 2026-03-31 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | J W KORTH LLCGENERAL PARTNERDomestic entity | J W KORTH & COMPANY | 75% or moreCode E | Yes | GENERAL PARTNER06/2012 | Schedule APDF page 24 |
| 2 | MICHAEL LOUIS GIBBONSCCOIndividual | J W KORTH & COMPANY | Less than 5%Code NA | No | CCO06/2009 | Schedule APDF page 24 |
| 3 | HOLLY CHRISTINA MACDONALD-KORTHFINOP, MANAGING DIRECTORIndividual | J W KORTH & COMPANY | Less than 5%Code NA | Yes | FINOP, MANAGING DIRECTOR07/2016 | Schedule APDF page 24 |
| 4 | PAMELA JEAN HIPPMANAGING DIRECTOR, FIXED INCOME TRADINGIndividual | J W KORTH & COMPANY | Less than 5%Code NA | Yes | MANAGING DIRECTOR, FIXED INCOME TRADING01/2013 | Schedule APDF page 24 |
| 5 | KORTH DIRECT MORTGAGE INCSOLE MEMBER OF J W KORTH LLC, THE GENERAL PARTNER OF J W KORTHDomestic entity | J W KORTH & COMPANY | 10% to less than 25%Code B | Yes | SOLE MEMBER OF J W KORTH LLC, THE GENERAL PARTNER OF J W KORTH07/2020 | Schedule APDF page 24 |
| 6 | JAMES WILDER KORTHMANAGING PARTNERIndividual | J W KORTH & COMPANY | Less than 5%Code NA | Yes | MANAGING PARTNER03/1990 | Schedule APDF page 24 |
| 7 | KORTH DIRECT MORTGAGE INCSOLE MEMBER OF J W KORTH LLC, THE GENERAL PARTNER OF J W KORTHDomestic entity | J W KORTH LLC | 75% or moreCode E | Yes | SOLE MEMBER OF J W KORTH LLC, THE GENERAL PARTNER OF J W KORTH07/2020 | Schedule BPDF page 25 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 3/31/2026 5:47:21 PM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
AFelonies2 No
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?No
- A2Been charged with a felony?No
BMisdemeanors2 No
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?No
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions3 Yes2 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?No
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?Yes
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?Yes
DOther regulatory actions2 Yes3 No
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?No
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?Yes
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?No
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?Yes
ESelf-regulatory organization actions1 Yes3 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?Yes
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 No
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?No
HCivil judicial actions and proceedings1 Yes3 No
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?No
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?Yes
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?No
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?No
Additional DRP filings 7 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
regulatory · block 1PDF pages 25–27
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS (FINRA)
- Monetary/Fine Amount — filed text
- $ 2,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THIS DOCKET WAS INITIATED AND CLOSED 04/09/07. THE $2,000 FINE WAS PAID. OUR FIRM WAS GIVEN NOTICE THAT OUR FORM BD WAS NOT UPDATED. I HAVE REVIEWED THE CASE AND UPDATED IT AS OF 10/02/2007
Other filed details
Description of allegations — filed text
NASD RULE 2110,6230 AND MSRB RULE G-14: RESPONDENT MEMBER FIRM REPORTED ITS MUNICIPAL SECURITIES TRANSACTIONS TO THE MSRB LATE: AND ITS CORPORATE BOND TRANSACTIONS REPORTED THROUGH TRACE WERE REPORTED LATE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENT MEMBER FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS: THEREFORE, FIRM IS CENSURED AND FINED $2000.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) ( ) ( ) ( ) ( ) ( ) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS (FINRA) 2. Principal Sanction: Censure Other Sanctions: $2,000 MONETARY FINE. 3. Date Initiated (MM/DD/YYYY): 04/09/2007 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20060037202601 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Corporate Other Product Types: MUNICIPAL SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD RULE 2110,6230 AND MSRB RULE G-14: RESPONDENT MEMBER FIRM REPORTED ITS MUNICIPAL SECURITIES TRANSACTIONS TO THE MSRB LATE: AND ITS CORPORATE BOND TRANSACTIONS REPORTED THROUGH TRACE WERE REPORTED LATE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 04/09/2007 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 2,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENT MEMBER FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS: THEREFORE, FIRM IS CENSURED AND FINED $2000.00 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THIS DOCKET WAS INITIATED AND CLOSED 04/09/07. THE $2,000 FINE WAS PAID. OUR FIRM WAS GIVEN NOTICE THAT OUR FORM BD WAS NOT UPDATED. I HAVE REVIEWED THE CASE AND UPDATED IT AS OF 10/02/2007
regulatory · block 2KORTH, JAMES WILDERPDF pages 27–29
- Advisory affiliate name — filed text
- KORTH, JAMES WILDER
- Regulator name — filed text
- STATE OF CONNECTICUT DEPARTMENT OF BANKING
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
J W KORTH WITHDREW ITS APPLICATION FOR REGISTRATION IN CONNECTICUT.....10/22/08 J.W. KORTH APPLIED AND WAS GRANTED REGISTRATION IN CONNECTICUT.
Other filed details
Description of allegations — filed text
9/4/03 DUE TO ACTION BY THE SEC IN 1997 REGARDING A PRINCIPLED DISPUTE OVER THE REASONABLENESS UNDER THE LAW OF PROVIDING THE SERIAL NUMBERS OF CERTAIN BONDS TO EXAMINERS WHEN DOING SO MAY HAVE DEBILITATED THE INTERESTS OF J W KORTH CUSTOMERS(PLEASE SEE CIVIL DRP FOR DETAILS), THE STATE OF CONNECTICUT PLANNED TO DENY REGISTRATION UNLESS J W K0RTH ATTENDED A HEARING THERE. IT WAS NOT ECONOMICALLY FEASIBLE TO ATTEND THE HEARING AND THE APPLICATION WAS WITHDRAWN.
Sanction detail — filed text
IN LIEU OF CONTESTING THE ALLEGATIONS IN THE NOTICE OF INTENT TO DENY, THE RESPONDENT SOUGHT TO WITHDRAW ITS APPLICATION, AND REPRESENTED TO THE AGENCY THAT IT HAD TRANSACTED NO SECURITIES BUSINESS WITH CONNECTICUT RESIDENTS. ON 10/22/2003, THE CONNECTICUT BANKING COMMISSIONER ISSUED AN ORDER CONDITIONING THE RESPONDENT'S WITHDRAWAL. THE ORDER CONDITIONING WITHDRAWAL RENDERED THAT WITHDRAWAL EFFECTIVE AS OF OCTOBER 22, 2003 SUBJECT TO CERTAIN CONDITIONS: 1) FOR THIRTY-SIX MONTHS, THE RESPONDENT WOULD NOT REAPPLY FOR REGISTRATION IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 2) DURING THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT WOULD NOT RELY ON ANY DEFINITIONAL EXCLUSION OR EXEMPTION THAT WOULD OTHERWISE EXCUSE REGISTRATION BY A PERSON TRANSACTING BUSINESS IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 3) AT THE CONCLUSION OF THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT COULD APPLY FOR REGISTRATION AS LONG AS IT FURNISHED A WRITTEN SUBMISSION STATING THAT IT HAD NOT BEEN THE SUBJECT OF ANY SECURITIES-RELATED COMPLAINT, ACTION OR PROCEEDING SINCE THE ENTRY OF THE CONDITIONING ORDER AND HAD BEEN IN COMPLIANCE WITH THE CONDITIONING ORDER; AND 4) THE RESPONDENT WOULD NOT VIOLATE THE CONNECTICUT UNIFORM SECURITIES ACT OR ANY RULE, REGULATION OR ORDER UNDER THE ACT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 1091113 This advisory affiliate is a Firm an Individual Registered: Yes No Name: KORTH, JAMES WILDER (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF CONNECTICUT DEPARTMENT OF BANKING 2. Principal Sanction: Denial Other Sanctions: CONDITIONED WITHDRAWAL 1) 36 MONTHS NOT REAPPLY; 2) DURING THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT WOULD NOT RELY ON ANY DEFINITIONAL EXCLUSION OR EXEMPTION THAT WOULD OTHERWISE EXCUSE REGIST 3. Date Initiated (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: ND-2003-6851-S 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): J. W. KORTH & COMPANY 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 9/4/03 DUE TO ACTION BY THE SEC IN 1997 REGARDING A PRINCIPLED DISPUTE OVER THE REASONABLENESS UNDER THE LAW OF PROVIDING THE SERIAL NUMBERS OF CERTAIN BONDS TO EXAMINERS WHEN DOING SO MAY HAVE DEBILITATED THE INTERESTS OF J W KORTH CUSTOMERS(PLEASE SEE CIVIL DRP FOR DETAILS), THE STATE OF CONNECTICUT PLANNED TO DENY REGISTRATION UNLESS J W K0RTH ATTENDED A HEARING THERE. IT WAS NOT ECONOMICALLY FEASIBLE TO ATTEND THE HEARING AND THE APPLICATION WAS WITHDRAWN. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: J W KORTH WITHDREW ITS APPLICATION. If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: IN LIEU OF CONTESTING THE ALLEGATIONS IN THE NOTICE OF INTENT TO DENY, THE RESPONDENT SOUGHT TO WITHDRAW ITS APPLICATION, AND REPRESENTED TO THE AGENCY THAT IT HAD TRANSACTED NO SECURITIES BUSINESS WITH CONNECTICUT RESIDENTS. ON 10/22/2003, THE CONNECTICUT BANKING COMMISSIONER ISSUED AN ORDER CONDITIONING THE RESPONDENT'S WITHDRAWAL. THE ORDER CONDITIONING WITHDRAWAL RENDERED THAT WITHDRAWAL EFFECTIVE AS OF OCTOBER 22, 2003 SUBJECT TO CERTAIN CONDITIONS: 1) FOR THIRTY-SIX MONTHS, THE RESPONDENT WOULD NOT REAPPLY FOR REGISTRATION IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 2) DURING THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT WOULD NOT RELY ON ANY DEFINITIONAL EXCLUSION OR EXEMPTION THAT WOULD OTHERWISE EXCUSE REGISTRATION BY A PERSON TRANSACTING BUSINESS IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 3) AT THE CONCLUSION OF THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT COULD APPLY FOR REGISTRATION AS LONG AS IT FURNISHED A WRITTEN SUBMISSION STATING THAT IT HAD NOT BEEN THE SUBJECT OF ANY SECURITIES-RELATED COMPLAINT, ACTION OR PROCEEDING SINCE THE ENTRY OF THE CONDITIONING ORDER AND HAD BEEN IN COMPLIANCE WITH THE CONDITIONING ORDER; AND 4) THE RESPONDENT WOULD NOT VIOLATE THE CONNECTICUT UNIFORM SECURITIES ACT OR ANY RULE, REGULATION OR ORDER UNDER THE ACT. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: IN LIEU OF CONTESTING THE ALLEGATIONS IN THE NOTICE OF INTENT TO DENY, THE RESPONDENT SOUGHT TO WITHDRAW ITS APPLICATION, AND REPRESENTED TO THE AGENCY THAT IT HAD TRANSACTED NO SECURITIES BUSINESS WITH CONNECTICUT RESIDENTS. ON 10/22/2003, THE CONNECTICUT BANKING COMMISSIONER ISSUED AN ORDER CONDITIONING THE RESPONDENT'S WITHDRAWAL. THE ORDER CONDITIONING WITHDRAWAL RENDERED THAT WITHDRAWAL EFFECTIVE AS OF OCTOBER 22, 2003 SUBJECT TO CERTAIN CONDITIONS: 1) FOR THIRTY-SIX MONTHS, THE RESPONDENT WOULD NOT REAPPLY FOR REGISTRATION IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 2) DURING THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT WOULD NOT RELY ON ANY DEFINITIONAL EXCLUSION OR EXEMPTION THAT WOULD OTHERWISE EXCUSE REGISTRATION BY A PERSON TRANSACTING BUSINESS IN CONNECTICUT AS A BROKER-DEALER OR INVESTMENT ADVISER; 3) AT THE CONCLUSION OF THE THIRTY-SIX MONTH PERIOD, THE RESPONDENT COULD APPLY FOR REGISTRATION AS LONG AS IT FURNISHED A WRITTEN SUBMISSION STATING THAT IT HAD NOT BEEN THE SUBJECT OF ANY SECURITIES-RELATED COMPLAINT, ACTION OR PROCEEDING SINCE THE ENTRY OF THE CONDITIONING ORDER AND HAD BEEN IN COMPLIANCE WITH THE CONDITIONING ORDER; AND 4) THE RESPONDENT WOULD NOT VIOLATE THE CONNECTICUT UNIFORM SECURITIES ACT OR ANY RULE, REGULATION OR ORDER UNDER THE ACT. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). J W KORTH WITHDREW ITS APPLICATION FOR REGISTRATION IN CONNECTICUT.....10/22/08 J.W. KORTH APPLIED AND WAS GRANTED REGISTRATION IN CONNECTICUT.
regulatory · block 3KORTH, JAMES WILDERPDF pages 29–31
- Advisory affiliate name — filed text
- KORTH, JAMES WILDER
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 55,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
IN A PRINCIPLED DISPUTE WITH SEC WHICH DID NOT INVOLVE CUSTOMERS OR INVESTORS, COMPANY FOUND IT UNREASONABLE TO GIVE SERIAL NUMBERS OF DEFAULTED GERMAN BONDS TO SEC WHEN GERMANY CLAIMED SOME WERE STOLEN AND WOULD NOT PUBLISH LOST AND STOLEN LIST AS REQUIRED BY U.S. LAW. COURT FOUND COMPANY'S ARGUMENT WITHOUT MERIT AND FOUND INFRACTION AND ENTERED CENSURE AND FINE AGAINST COMPANY. SERIAL NUMBERS WERE TURNED OVER TO SEC. NO HARM TO CUSTOMERS, INVESTORS OR ANY OTHER PARTIES WAS FOUND.
Other filed details
Description of allegations — filed text
VIOLATIONS OF SECTIONS 17(A)(1) AND 17(B)OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-4(J) THEREUNDER.
Sanction detail — filed text
COMPANY WAS FINED $55,000.00 AND JAMES W. KORTH WAS FINED $5,500.00. FINES WERE PAID IN FULL ON AUGUST 27, 1998.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. p g One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 1091113 This advisory affiliate is a Firm an Individual Registered: Yes No Name: KORTH, JAMES WILDER (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: INJUNCTION/CENSURE MONETARY/FINE 3. Date Initiated (MM/DD/YYYY): 02/04/1997 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-9644 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): J.W. KORTH & COMPANY 6. Principal Product Type: Debt - Government Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VIOLATIONS OF SECTIONS 17(A)(1) AND 17(B)OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-4(J) THEREUNDER. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 07/08/1998 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 55,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: COMPANY WAS FINED $55,000.00 AND JAMES W. KORTH WAS FINED $5,500.00. FINES WERE PAID IN FULL ON AUGUST 27, 1998. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). IN A PRINCIPLED DISPUTE WITH SEC WHICH DID NOT INVOLVE CUSTOMERS OR INVESTORS, COMPANY FOUND IT UNREASONABLE TO GIVE SERIAL NUMBERS OF DEFAULTED GERMAN BONDS TO SEC WHEN GERMANY CLAIMED SOME WERE STOLEN AND WOULD NOT PUBLISH LOST AND STOLEN LIST AS REQUIRED BY U.S. LAW. COURT FOUND COMPANY'S ARGUMENT WITHOUT MERIT AND FOUND INFRACTION AND ENTERED CENSURE AND FINE AGAINST COMPANY. SERIAL NUMBERS WERE TURNED OVER TO SEC. NO HARM TO CUSTOMERS, INVESTORS OR ANY OTHER PARTIES WAS FOUND.
regulatory · block 4PDF pages 31–33
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
AN INDEPENDENT CONSULTANT WILL BE RETAINED FOR A REVIEW OF OUR PRICING POLICIES AND RESTITUTION WILL BE MADE TO CLIENTS IN ACCORDANCE WITH THE ORDER.
Other filed details
Description of allegations — filed text
ITEM 7. FINRA ALLEGED OUR FIRM CHARGED CUSTOMERS EXCESSIVE MARK-UPS OR MARK DOWNS ON A TOTAL OF 69 MUNICIPAL, CORPORATE AND CMO TRANSACTIONS OUT OF A TOTAL OF MORE THAN 18000 FROM APRIL 2009 TO DECEMBER 2011.
Sanction detail — filed text
OUR FIRM WAS CENSURED, ORDERED TO PAY RESTITUTION OF $29,268, PLUS $1,681.52 IN APPEAL COSTS, AND ORDERED US TO RETAIN AN INDEPENDENT CONSULTANT WITH EXPERIENCE IN ESTABLISHING PRICING PROCEDURES FOR SALES AND PURCHASES OF DEBT SECURITIES FOR THE LIMITED PURPOSE OF REVIEWING OUR FIRM'S PRICING PROCEDURES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 12/10/2014 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2012030738501 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Municipal Other Product Types: CORPORATE DEBT, CMO 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): ITEM 7. FINRA ALLEGED OUR FIRM CHARGED CUSTOMERS EXCESSIVE MARK-UPS OR MARK DOWNS ON A TOTAL OF 69 MUNICIPAL, CORPORATE AND CMO TRANSACTIONS OUT OF A TOTAL OF MORE THAN 18000 FROM APRIL 2009 TO DECEMBER 2011. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Decision 11. Resolution Date (MM/DD/YYYY): 05/31/2022 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: RETAIN AN INDEPENDENT CONSULTANT WITH EXPERIENCE IN ESTABLISHING PRICING PROCEDURES FOR SALES AND PURCHASES OF DEBT SECURITIES FOR THE LIMITED PURPOSE OF REVIEWING OUR FIRM'S PRICING PROCEDURES. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: OUR FIRM WAS CENSURED, ORDERED TO PAY RESTITUTION OF $29,268, PLUS $1,681.52 IN APPEAL COSTS, AND ORDERED US TO RETAIN AN INDEPENDENT CONSULTANT WITH EXPERIENCE IN ESTABLISHING PRICING PROCEDURES FOR SALES AND PURCHASES OF DEBT SECURITIES FOR THE LIMITED PURPOSE OF REVIEWING OUR FIRM'S PRICING PROCEDURES. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). AN INDEPENDENT CONSULTANT WILL BE RETAINED FOR A REVIEW OF OUR PRICING POLICIES AND RESTITUTION WILL BE MADE TO CLIENTS IN ACCORDANCE WITH THE ORDER.
regulatory · block 5PDF pages 33–35
- Regulator name — filed text
- COMMONWEALTH OF VIRGINIA, STATE CORPORATION COMMISSION
- Monetary/Fine Amount — filed text
- $ 8,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
IN MARCH OF 2014 THE COMMONWEALTH NOTIFIED OUR FIRM IT WAS INVESTIGATING WHETHER OR NOT WE WERE IN VIOLATION OF THE VIRGINIA STATE SECURITIES ACT AND ASSOCIATED RULES. THEIR INVESTIGATION STEMMED FROM A SETTLEMENT WITH A CLIENT RESIDING IN VIRGINIA CONCERNING THE SALE OF A BOND. OUR FIRM RESPONDED TO THEIR INQUIRIES AND PROVIDED ADDITIONAL INFORMATION. IT WAS DETERMINED OUR FIRM ERRED IN BELIEVING TWO TRANSACTIONS BETWEEN OUR REPRESENTATIVE AND HIS FAMILY MEMBER WERE DE MINIMOUS AND DID NOT REQUIRE VIRGINIA REGISTRATION AND FURTHER THE FIRM ERRED IN NOT CORRECTING THE ACCOUNT STATEMENT FOR AN ACCURATE ASSESSMENT OF THE REPRESENTATIVE'S FAMILY MEMBER'S NET WORTH. ULTIMATELY THE MATTER WAS SETTLED FOR AN $8,000 FINE ALONG WITH AN ADDITIONAL $2,000 TO DEFRAY COSTS OF THE INVESTIGATION.
Other filed details
Description of allegations — filed text
THE COMMISSION'S DIVISION OF SECURITIES AND RETAIL FRANCHISING CONDUCTED AN INVESTIGATION AND ALLEGED OUR FIRM VIOLATED 13.1- 504B OF THE ACT BY EMPLOYING AN UNREGISTERED AGENT FOR CERTAIN TRANSACTIONS OCCURRING IN 2011. THE COMMISSION ALSO ALLEGED OUR FIRM VIOLATED STATUTE 21 VAC 5-20-240 BY NOT MAINTAINING TRUE AND ACCURATE RECORDS IN THAT THE INVESTOR'S LIQUID ASSETS FINANCIAL INFORMATION ON THE NEW ACCOUNT FORM WAS INCORRECT AND THAT OUR FIRM FAILED TO ENSURE THE INFORMATION WAS FULL AND ACCURATE.
Sanction detail — filed text
$8,000 FINE ALONG WITH AN ADDITIONAL $2,000 TO DEFRAY COSTS OF THE INVESTIGATION..BOTH WERE PAID IN FULL WITH THE ENTRY OF THE ORDER.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMONWEALTH OF VIRGINIA, STATE CORPORATION COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 09/10/2014 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SEC-2014-00045 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE COMMISSION'S DIVISION OF SECURITIES AND RETAIL FRANCHISING CONDUCTED AN INVESTIGATION AND ALLEGED OUR FIRM VIOLATED 13.1- 504B OF THE ACT BY EMPLOYING AN UNREGISTERED AGENT FOR CERTAIN TRANSACTIONS OCCURRING IN 2011. THE COMMISSION ALSO ALLEGED OUR FIRM VIOLATED STATUTE 21 VAC 5-20-240 BY NOT MAINTAINING TRUE AND ACCURATE RECORDS IN THAT THE INVESTOR'S LIQUID ASSETS FINANCIAL INFORMATION ON THE NEW ACCOUNT FORM WAS INCORRECT AND THAT OUR FIRM FAILED TO ENSURE THE INFORMATION WAS FULL AND ACCURATE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Decision & Order of Offer of Settlement 11. Resolution Date (MM/DD/YYYY): 01/30/2015 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 8,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: PAY THE COST OF INVESTIGATION Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $8,000 FINE ALONG WITH AN ADDITIONAL $2,000 TO DEFRAY COSTS OF THE INVESTIGATION..BOTH WERE PAID IN FULL WITH THE ENTRY OF THE ORDER. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). IN MARCH OF 2014 THE COMMONWEALTH NOTIFIED OUR FIRM IT WAS INVESTIGATING WHETHER OR NOT WE WERE IN VIOLATION OF THE VIRGINIA STATE SECURITIES ACT AND ASSOCIATED RULES. THEIR INVESTIGATION STEMMED FROM A SETTLEMENT WITH A CLIENT RESIDING IN VIRGINIA CONCERNING THE SALE OF A BOND. OUR FIRM RESPONDED TO THEIR INQUIRIES AND PROVIDED ADDITIONAL INFORMATION. IT WAS DETERMINED OUR FIRM ERRED IN BELIEVING TWO TRANSACTIONS BETWEEN OUR REPRESENTATIVE AND HIS FAMILY MEMBER WERE DE MINIMOUS AND DID NOT REQUIRE VIRGINIA REGISTRATION AND FURTHER THE FIRM ERRED IN NOT CORRECTING THE ACCOUNT STATEMENT FOR AN ACCURATE ASSESSMENT OF THE REPRESENTATIVE'S FAMILY MEMBER'S NET WORTH. ULTIMATELY THE MATTER WAS SETTLED FOR AN $8,000 FINE ALONG WITH AN ADDITIONAL $2,000 TO DEFRAY COSTS OF THE INVESTIGATION.
regulatory · block 6PDF pages 35–37
- Regulator name — filed text
- UNITED STATES SECURITIES EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 176,533.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THIS MATTER INVOLVED RULE INTERPRETATIONS OF THE TECHNICAL ASPECTS OF RECORDING AND REPORTING FOR PURCHASES AND SALES OF BONDS AND THE RELEVANCE OF CERTAIN DISCLOSURES. AS A RESULT OF THE PROCEEDINGS, OUR FIRM HAS MADE CHANGES TO OUR POLICIES AND PROCEDURES REGARDING THESE TYPES OF TRANSACTIONS. FINES, DISGORGEMENTS AND PREJUDGMENT INTEREST HAS BEEN REMITTED TO THE SEC.
Other filed details
Description of allegations — filed text
THE SEC ALLEGED OUR FIRM EFFECTED 201 RISKLESS PRINCIPAL TRANSACTIONS FROM MARCH 2015 TO OCTOBER 2018 FOR INVESTMENT ADVISORY CLIENTS WITHOUT PROVIDING PRIOR WRITTEN DISCLOSURE OF OUR CAPACITY IN THE TRANSACTIONS AND OBTAINING TRANSACTION BY TRANSACTION CONSENT. THE SEC ALLEGED THESE TRANSACTIONS WERE IN VIOLATION OF SECTION 206(3) OF THE ADVISERS ACT. ADDITIONALLY, THE SEC ALLEGED OUR FIRM VIOLATED SECTION 206(4) AND RULE 206-4(7) BY FAILING TO IMPLEMENT WRITTEN POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF SECTION 206(3) OF THE ADVISERS ACT
Sanction detail — filed text
SANCTIONS INCLUDED A $125,000 CIVIL PENALTY FINE, $46,857 DISGORGEMENT AND $4,676 PREJUDGEMENT INTEREST. THE FULL AMOUNT WAS LEVIED AGAINST THE FIRM AND IT WAS PAID IN FULL ON 09/14/21
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 5270817 This advisory affiliate is a Firm an Individual Registered: Yes No Name: MACDONALD-KORTH, HOLLY CHRISTINA (For individuals, Last, First, Middle) CRD Number: 1091113 This advisory affiliate is a Firm an Individual Registered: Yes No Name: KORTH, JAMES WILDER (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) UNITED STATES SECURITIES EXCHANGE COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: MONETARY/FINE DISGORGEMENT/RESTITUTION CENSURE 3. Date Initiated (MM/DD/YYYY): 09/13/2021 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-20539 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: UNSPECIFIED SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE SEC ALLEGED OUR FIRM EFFECTED 201 RISKLESS PRINCIPAL TRANSACTIONS FROM MARCH 2015 TO OCTOBER 2018 FOR INVESTMENT ADVISORY CLIENTS WITHOUT PROVIDING PRIOR WRITTEN DISCLOSURE OF OUR CAPACITY IN THE TRANSACTIONS AND OBTAINING TRANSACTION BY TRANSACTION CONSENT. THE SEC ALLEGED THESE TRANSACTIONS WERE IN VIOLATION OF SECTION 206(3) OF THE ADVISERS ACT. ADDITIONALLY, THE SEC ALLEGED OUR FIRM VIOLATED SECTION 206(4) AND RULE 206-4(7) BY FAILING TO IMPLEMENT WRITTEN POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF SECTION 206(3) OF THE ADVISERS ACT 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 09/13/2021 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 176,533.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: SANCTIONS INCLUDED A $125,000 CIVIL PENALTY FINE, $46,857 DISGORGEMENT AND $4,676 PREJUDGEMENT INTEREST. THE FULL AMOUNT WAS LEVIED AGAINST THE FIRM AND IT WAS PAID IN FULL ON 09/14/21 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THIS MATTER INVOLVED RULE INTERPRETATIONS OF THE TECHNICAL ASPECTS OF RECORDING AND REPORTING FOR PURCHASES AND SALES OF BONDS AND THE RELEVANCE OF CERTAIN DISCLOSURES. AS A RESULT OF THE PROCEEDINGS, OUR FIRM HAS MADE CHANGES TO OUR POLICIES AND PROCEDURES REGARDING THESE TYPES OF TRANSACTIONS. FINES, DISGORGEMENTS AND PREJUDGMENT INTEREST HAS BEEN REMITTED TO THE SEC.
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civil judicial · block 1PDF pages 37–39
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 1091113 This advisory affiliate is a Firm an Individual Registered: Yes No Name: KORTH, JAMES WILDER (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Injunction Other Relief Sought: 3. Filing Date of Court Action (MM/DD/YYYY): 02/04/1997 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: No Product Other Product Types: 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): US DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA CASE NO. 97-0280. 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): J.W. KORTH & COMPANY 7. Describe the allegations related to this civil action (your response must fit within the space provided): SEC WANTED SERIAL NUMBERS OF REPUDIATED GERMAN DEBT TO DELIVER SAME TO GERMANY UNDER 17(A)(1) AND 17(B) OF THE SECURITY EXCHANGE ACT OF 1934. 02-06-97, SEC NEWS DIGEST ISSUE NO. 97-24, 2/5/97, ENFORCEMENT PROCEEDINGS DISCLOSE: ON 2/4, THE SEC FILED A CIVIL SUIT IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA AGAINST JAMES WILDER KORTH. THE COMPLAINT ALLEGES THAT KORTH HAS REPEATEDLY REFUSED TO GIVE TRUE, COMPLETE COPIES OF RECORDS CONTAINING CERTIFICATE NUMBERS FOR DEFAULTED PRE-WORLD WAR II GERMAN GOLD BONDS (BONDS) IN VIOLATION OF SECTIONS 17(A)(1) AND 17(B) OF THE SECURITIES EXCHANGE ACT OF 1934 (EXCHANGE ACT) AND RULE 17A-4(J). THE SEC CHARGES THAT KORTH VIOLATED THESE PROVISIONS AS AN AIDER AND ABETTOR, PURSUANT TO SECTION 20(F) OF THE EXCHANGE ACT. THE SUIT SEEKS A TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIONS, A CIVIL PENALTY AND CERTAIN ANCILLARY RELIEF. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Judgment Rendered 12. Resolution Date (MM/DD/YYYY): 01/22/1998 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 55,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: FINES REQUESTED BY THE SEC WERE REDUCED BY 50% BY THE COURT. COMPANY WAS FINED FIFTY FIVE THOUSAND DOLLARS AND JAMES W. KORTH WAS FINED FIVE THOUSAND. FINES WAS PAID ON AUGUST 27, 1998. DEFENDENTS WERE ALSO SUBJECT TO A PERMANENT INJUNCTION FROM ANY FUTURE VIOLATION OF 17(A)(1) AND 17(B)OF THE EXCHANGE ACT. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THIS DID NOT INVOLVE CUSTOMERS AND WAS AN UNFORTUNATE DISPUTE ON PRINCIPLES OF LAW. 17(B)(1) OF THE EXCHANGE ACTS STATES: "ALL RECORDS OF PERSONS ARE SUBJECT AT ANY TIME, OR FROM TIME TO TIME, TO SUCH "REASONABLE" PERIODIC, SPECIAL, OR OTHER EXAMINATIONS BY REPRESENTATIVES OF THE COMMISSION". J W KORTH & COMPANY,IN AN EFFORT TO PROTECT ITS CUSTOMERS FOUND IT "UNREASONABLE" TO GIVE THE SEC SERIAL NUMBERS OF CERTAIN BONDS FOR THE FOLLOWING REASONS: 1. THE SEC DISCLOSED TO J W KORTH THAT IT INTENDED TO SEND THE SERIAL NUMBERS OF THE BONDS TO THE ISSUER, THE GERMAN GOVERNMENT. 2. J W KORTH & COMPANY HAD RECEIVED REPORTS FROM RELIABLE SOURCES,THAT GERMANY WOULD PUT THE SERIAL NUMBERS BONDS ON A "REPUDIATION LIST" AND THEREBY HARM THE INTERESTS OF J W KORTH'S CUSTOMERS WHO OWNED THE BONDS. DESPITE ITS ARGUMENT, J W KORTH WITHOUT EVER BEING GRANTED A HEARING WAS FOUND IN VIOLATION OF THE EXCHANGE ACT AND WAS GIVEN A REDUCED FINE, CENSURE AND A PERMANENT INJUNCTION. J W KORTH'S ACTIVITIES WERE NOT RESTRICTED IN ANY MANNER AND THE COURT LOWERED THE REQUESTED FINES BY 50%.
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