FINRA bars Roanoke woman for misrepresenting variable annuity returns
A registered representative from Roanoke, Va., was barred by FINRA for misrepresenting the return a customer received from a variable annuity.
FINRA barred Kimberly Sue Rutherford from associating with any FINRA member, records show.
FINRA found that Rutherford misrepresented to a customer that he would receive a higher return rate than what the terms of the policy offered. 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 more than $5,000 to mislead the customer into believing that he received additional earnings as a result of the higher rate of return.
FINRA investigators determined that Rutherford deposited more $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.
Rutherford neither admitted nor denied the FINRA findings.


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