Kimberly Sue Rutherford (CRD # 4800205, Registered Representative, Roanoke, Virginia) submitted a Letter of Acceptance, Waiver and Consent in which she was barred from association with any FINRA member in any capacity. Without admitting or denying the findings, Rutherford consented to the described sanction and to the entry of findings that, in connection with the sale of an annuity contract, she misrepresented to a customer that he would receive a higher return rate than what the terms of the policy offered. The findings stated that Rutherford provided the customer with falsified annual account statements and an altered annuity contract that reflected a higher return rate, when in fact the customer was receiving a lower rate of return. The findings also stated that Rutherford falsified an annual account statement by increasing the account balance by over $5,000 in order to mislead the customer into believing that he received additional earnings as a result of the higher rate of return, and deposited over $5,000 of her own personal funds into the customer’s account to compensate him for the disparity in return rates. The findings also included that Rutherford, after agreeing to reimburse another customer for any early withdrawal penalties in connection with transferring money to his annuity, falsified an annuity confirmation statement wherein the account balance was increased to cover a surrender charge that had not been credited after the customer complained that he was charged a penalty for early withdrawal. (FINRA Case # 2008012477401)

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