Thomas Avery Smith (CRD #1134969, Registered Principal, Owensboro, Kentucky) submitted a Letter of Acceptance, Waiver and Consent in which he was fined $35,000, suspended from association with any NASD member in any capacity for two years and ordered to requalify by exam in all capacities. The fine must be paid before Smith reassociates with any NASD member following the suspension, or before he requests relief from any statutory disqualification. Without admitting or denying the findings, Smith consented to the described sanctions and to the entry of findings that he falsified public customers’ addresses to circumvent state securities laws because he was not licensed to sell securities in the state in which the customers resided, and he used his personal email account to communicate with the customers. The findings stated that Smith caused his member firm’s books and records to be inaccurate by causing account information for public customers to contain incorrect addresses for him to circumvent state securities laws. The findings also stated that Smith sent written communications to public customers that failed to provide a sound basis for evaluating the presented information and contained numerous false, exaggerated, unwarranted or misleading statements and claims regarding investments.
The suspension in any capacity is in effect from January 2, 2007, through January 1, 2009. (NASD Case #2005001028301)

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