ERROLD F. MOODY JR.
January 22, 2006
Ms. Sarah Ball Teslik
CEO
CFP Board of Standards
1670 Broadway, Suite 600
Denver, CO 80202-4809
RE: Constance P. Smith and Cynthia M. Smith, individually and on behalf of various family trusts v. The Johnson Financial Group, Inc., Asset Management Securities Corp., James Albert Johnson, Jr. and James Michael Johnson (Johnson) NASD Case No. 03-02522
Dear Ms. Teslik,
I have waited for some time to determine if the Board actually would re-review the above file as it had indicated. I had hoped to see a formal reprimand against Johnson because the breaches of duty were so open and obvious- further, no one is willing to pay $300,000 if they did nothing wrong. But when the Board's recent newsletter arrived and addressed those who had been reprimanded, nothing was noted. I was not surprised- no one contacted the Smith's, no one (according to Johnson's attorney) had contacted he or Johnson and certainly no one had contacted me. What was the point of reopening an investigation if the Board was not going to do anything? The entire fiasco by the Board is almost laughable were it not for the transgressions by Johnson and the emotional and financial suffering by the Smith's. The Board has continually violated literally every level of integrity and competence. You demand the utmost of CFPs- integrity, honesty, competence, fairness and all the rest of the issues made mandatory by the ethics course but which you and the Board flatly have decided you do not have to adhere to.
I will be filing my (expanded) report with the Florida Department of Insurance, the Florida Office of Financial Regulation, Florida Department of Elder Affairs and the SEC. No one, specifically a CFP effectively absolved of all wrong by the Board, will be allowed to practice purposeless and fraudulent planning on the least suspecting of the public. I am fully aware of the rules' about indiscriminately harassing another CFP- actually anyone for that matter- but my report speaks for itself and the settlement by Johnson confirms the violations. I will also be submitting to these entities some of the letters I have submitted to you addressing the inadequate/barren analysis by the Board so that Johnson cannot use the previous exoneration as a defense.
As stated, all of you should be ashamed. I would have fired each and every one of you for your obvious incompetence and fraud. Even just for a lack of caring. Consumers- particularly the elderly- deserve better.
Very Truly,
Errold F. Moody Jr.