gabriel william hynes · b 02/2018 - 02/2018 kestra investment services, llc 42046 st. augustine,...

BrokerCheck Report

GABRIEL WILLIAM HYNES

Section Title

Report Summary

Broker Qualifications

Registration and Employment History

Disclosure Events

CRD# 3152541

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Page(s)

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https://www.AdviserInfo.sec.gov

http://www.finra.org/Investors/ToolsCalculators/BrokerCheck/P455414


http://brokercheck.finra.org/Support/Terms

GABRIEL W. HYNES

CRD# 3152541

This broker is not currently registered.

Report Summary for this Broker

This report summary provides an overview of the broker's professional background and conduct. Additionalinformation can be found in the detailed report.

Disclosure Events

All individuals registered to sell securities or provideinvestment advice are required to disclose customercomplaints and arbitrations, regulatory actions,employment terminations, bankruptcy filings, andcriminal or civil judicial proceedings.

Are there events disclosed about this broker? Yes

The following types of disclosures have beenreported:

Type Count

Regulatory Event 2

Customer Dispute 2

Termination 2

Investment Adviser RepresentativeInformation

https://www.adviserinfo.sec.gov

The information below represents the individual'srecord as a broker. For details on this individual'srecord as an investment adviser representative,visit the SEC's Investment Adviser PublicDisclosure website at



This broker has passed:

0 Principal/Supervisory Exams

2 General Industry/Product Exams

2 State Securities Law Exams

Registration History

This broker was previously registered with thefollowing securities firm(s):

KESTRA INVESTMENT SERVICES, LLCCRD# 42046ST. AUGUSTINE, FL03/2018 - 04/2018

B

KESTRA INVESTMENT SERVICES, LLCCRD# 42046ST. AUGUSTINE, FL02/2018 - 02/2018

B

NYLIFE SECURITIES LLCCRD# 5167ST AUGUSTINE, FL01/2001 - 06/2017

B

www.finra.org/brokercheck User Guidance

1�2020 FINRA. All rights reserved. Report about GABRIEL W. HYNES.


https://adviserinfo.sec.gov/individual/summary/3152541

http://www.finra.org/brokercheck

http://www.finra.org/brokercheck_reports



Registrations

This section provides the self-regulatory organizations (SROs) and U.S. states/territories the broker is currently registered and licensed with, thecategory of each license, and the date on which it became effective. This section also provides, for every brokerage firm with which the broker iscurrently employed, the address of each branch where the broker works.








Industry Exams this Broker has Passed

This individual has passed 0 principal/supervisory exams, 2 general industry/product exams, and 2 state securities law exams.

This section includes all securities industry exams that the broker has passed. Under limited circumstances, a broker may attain a registrationafter receiving an exam waiver based on exams the broker has passed and/or qualifying work experience. Any exam waivers that the broker hasreceived are not included below.

Exam Category Date

Principal/Supervisory Exams

No information reported.

Exam Category Date

General Industry/Product Exams

Securities Industry Essentials Examination 04/13/2018SIEB

General Securities Representative Examination 01/07/1999Series 7B

Exam Category Date

State Securities Law Exams

Uniform Combined State Law Examination 05/31/2001Series 66B IA

Uniform Securities Agent State Law Examination 01/14/1999Series 63B

Additional information about the above exams or other exams FINRA administers to brokers and other securities professionals can be found atwww.finra.org/brokerqualifications/registeredrep/.





www.finra.org/brokerqualifications/registeredrep/



Professional Designations

This section details that the representative has reported 0 professional designation(s).

No information reported.







Registration History

Registration Dates Firm Name CRD# Branch Location

The broker previously was registered with the following firms:

B 03/2018 - 04/2018 KESTRA INVESTMENT SERVICES, LLC 42046 ST. AUGUSTINE, FL

B 02/2018 - 02/2018 KESTRA INVESTMENT SERVICES, LLC 42046 ST. AUGUSTINE, FL

B 01/2001 - 06/2017 NYLIFE SECURITIES LLC 5167 ST AUGUSTINE, FL

B 01/1999 - 12/2000 A. G. EDWARDS & SONS, INC. 4 ST. LOUIS, MO

Employment History

Employment Employer Name Investment RelatedPosition Employer Location

This section provides up to 10 years of an individual broker's employment history as reported by the individual broker on the most recently filedForm U4.

Please note that the broker is required to provide this information only while registered with FINRA or a national securities exchangeand the information is not updated via Form U4 after the broker ceases to be registered. Therefore, an employment end date of"Present" may not reflect the broker's current employment status.

02/2003 - Present HYNES FINANCIAL, INC. INDEPENDENTAGENT/INVESTMENTADVISORREPRESENTATIVE

Y ST. AUGUSTINE, FL, UnitedStates

01/2001 - 08/2018 THE BAILEY GROUP INSURANCEPROFESSIONAL

N ST AUGUSTINE, FL, UnitedStates

01/2018 - 04/2018 Kestra Financial, Inc. RegisteredRep/Investment Advisor

Y St. Augustine, FL, UnitedStates

01/2001 - 08/2017 NEW YORK LIFE INSURANCE COMPANY AGENT Y JACKSONVILLE, FL, UnitedStates

Other Business Activities

This section includes information, if any, as provided by the broker regarding other business activities the broker is currently engaged in either asa proprietor, partner, officer, director, employee, trustee, agent or otherwise. This section does not include non-investment related activity that isexclusively charitable, civic, religious or fraternal and is recognized as tax exempt.

INDEPENDENT INSURANCE AGENT; 6277 A1A SOUTH, ST. AUGUSTINE, FL 32080; AGENT; APPROXIMATELY 160 HOURS/MO SINCE2003

PROYECTOS ECOLOGICOS CHIRRIPO REGIOMONTANO, SA; NOT INVESTMENT-RELATED; SAN JOSE, COSTA RICA; RENTALPROPERTY; OWNER AND SECRETARY; THERE ARE NO HOURS DEVOTED TO THE OTHER BUSINESS DURING SECURITIES TRADINGHOURS; DUTIES RELATED TO THE OTHER BUSINESS INCLUDES: RENTING OUT THE CONDOMINIUM FOR THE SANCTUARY. INADDITION, THE CONDOMINIUM IS ALSO USED FOR PERSONAL USE BY THE OWNERS, FRIENDS AND FAMILY; START DATE 03/2009

AugSpan, LLC; PASSIVE INVESTOR; NON INVESTMENT RELATED; 1200 Plantation Island Drive, Suite 140, St. Augustine, FL 32080;Katmandu, an amusement park in Mallorca, Spain; NO TIME SPENT ON ACTIVITY; START DATE 04/2012

TEE TO GREEN, LLC; NON-MANAGING PARNTER; NON INVESTMENT RELATED; JACKSONVILLE BEACH, FL; INVESTMENT IN BAR &GRILL; APPROX. 10 HOURS/MO OUTSIDE TRADING HOURS; STARTED 2018.

AugSpirits LLC; PASSIVE INVESTOR-The St. Augustine Distillery, in St. Augustine, Florida; START DATE 05/2013; 1200 Plantation Island Drive,Suite 140, St. Augustine, FL 32080; NO TIME ON ACTIVITY







Other Business Activities, continued

INDEPENDENT INSURANCE AGENT; 6277 A1A SOUTH, ST. AUGUSTINE, FL 32080; AGENT; APPROXIMATELY 160 HOURS/MO SINCE2003

PROYECTOS ECOLOGICOS CHIRRIPO REGIOMONTANO, SA; NOT INVESTMENT-RELATED; SAN JOSE, COSTA RICA; RENTALPROPERTY; OWNER AND SECRETARY; THERE ARE NO HOURS DEVOTED TO THE OTHER BUSINESS DURING SECURITIES TRADINGHOURS; DUTIES RELATED TO THE OTHER BUSINESS INCLUDES: RENTING OUT THE CONDOMINIUM FOR THE SANCTUARY. INADDITION, THE CONDOMINIUM IS ALSO USED FOR PERSONAL USE BY THE OWNERS, FRIENDS AND FAMILY; START DATE 03/2009

AugSpan, LLC; PASSIVE INVESTOR; NON INVESTMENT RELATED; 1200 Plantation Island Drive, Suite 140, St. Augustine, FL 32080;Katmandu, an amusement park in Mallorca, Spain; NO TIME SPENT ON ACTIVITY; START DATE 04/2012

TEE TO GREEN, LLC; NON-MANAGING PARNTER; NON INVESTMENT RELATED; JACKSONVILLE BEACH, FL; INVESTMENT IN BAR &GRILL; APPROX. 10 HOURS/MO OUTSIDE TRADING HOURS; STARTED 2018.

AugSpirits LLC; PASSIVE INVESTOR-The St. Augustine Distillery, in St. Augustine, Florida; START DATE 05/2013; 1200 Plantation Island Drive,Suite 140, St. Augustine, FL 32080; NO TIME ON ACTIVITY






Disclosure Events

What you should know about reported disclosure events:

1. All individuals registered to sell securities or provide investment advice are required to disclose customer complaints and arbitrations,regulatory actions, employment terminations, bankruptcy filings, and criminal or civil judicial proceedings.

2. Certain thresholds must be met before an event is reported to CRD, for example: o A law enforcement agency must file formal charges before a broker is required to disclose a particular criminal event. o A customer dispute must involve allegations that a broker engaged in activity that violates certain rules or conduct governing the

industry and that the activity resulted in damages of at least $5,000. o

3. Disclosure events in BrokerCheck reports come from different sources: o As mentioned at the beginning of this report, information contained in BrokerCheck comes from brokers, brokerage firms and

regulators. When more than one of these sources reports information for the same disclosure event, all versions of the event willappear in the BrokerCheck report. The different versions will be separated by a solid line with the reporting source labeled.

o4. There are different statuses and dispositions for disclosure events:

o A disclosure event may have a status of pending, on appeal, or final.§ A "pending" event involves allegations that have not been proven or formally adjudicated.§ An event that is "on appeal" involves allegations that have been adjudicated but are currently being appealed.§ A "final" event has been concluded and its resolution is not subject to change.

o A final event generally has a disposition of adjudicated, settled or otherwise resolved.§ An "adjudicated" matter includes a disposition by (1) a court of law in a criminal or civil matter, or (2) an administrative

panel in an action brought by a regulator that is contested by the party charged with some alleged wrongdoing.§ A "settled" matter generally involves an agreement by the parties to resolve the matter. Please note that brokers and

brokerage firms may choose to settle customer disputes or regulatory matters for business or other reasons.§ A "resolved" matter usually involves no payment to the customer and no finding of wrongdoing on the part of the

individual broker. Such matters generally involve customer disputes.

For your convenience, below is a matrix of the number and status of disclosure events involving this broker. Further informationregarding these events can be found in the subsequent pages of this report. You also may wish to contact the broker to obtain furtherinformation regarding these events.

Final On AppealPending

Regulatory Event 0 2 0

Customer Dispute 0 2 N/A

Termination N/A 2 N/A






Disclosure Event Details

When evaluating this information, please keep in mind that a discloure event may be pending or involve allegations that are contested and havenot been resolved or proven. The matter may, in the end, be withdrawn, dismissed, resolved in favor of the broker, or concluded through anegotiated settlement for certain business reasons (e.g., to maintain customer relationships or to limit the litigation costs associated with disputingthe allegations) with no admission or finding of wrongdoing.

This report provides the information exactly as it was reported to CRD and therefore some of the specific data fields contained in the report maybe blank if the information was not provided to CRD.

Regulatory - Final

This type of disclosure event may involve (1) a final, formal proceeding initiated by a regulatory authority (e.g., a state securities agency, self-regulatory organization, federal regulatory such as the Securities and Exchange Commission, foreign financial regulatory body) for a violation ofinvestment-related rules or regulations; or (2) a revocation or suspension of a broker's authority to act as an attorney, accountant, or federalcontractor.

Disclosure 1 of 2

Reporting Source: Regulator

Regulatory Action InitiatedBy:

FINRA

Sanction(s) Sought:

Date Initiated: 01/07/2020

Docket/Case Number: 2018059098601

Employing firm when activityoccurred which led to theregulatory action:

NYLife Securities, LLC and Kestra Investment Services, LLC

Product Type: No Product

Allegations: Without admitting or denying the findings, Hynes consented to the sanction and tothe entry of findings that he refused to appear for on-the-record testimonyrequested by FINRA in connection with its investigation of his sale of FutureIncome Payments, LLC's structured cash flow investments comprised of pensionstreams.

Current Status: Final

Resolution: Acceptance, Waiver & Consent(AWC)

Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?





https://www.finra.org/rules-guidance/oversight-enforcement/finra-disciplinary-actions?search=2018059098601


Resolution Date: 01/07/2020

Sanctions Ordered:


No

Bar (Permanent)

If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?

No

(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?

(2) willfully aided, abetted,counseled, commanded,induced, or procured theviolation by any person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any of suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board? or







(3) failed reasonably tosupervise another personsubject to your supervision,with a view to preventing theviolation by such person ofany provision of theSecurities Act of 1933, theSecurities Exchange Act of1934, the InvestmentAdvisers Act of 1940, theInvestment Company Act of1940, the CommodityExchange Act, or any rule orregulation under any suchActs, or any of the rules ofthe Municipal SecuritiesRulemaking Board?

Capacities Affected: All Capacities

Duration: Indefinite

Start Date: 01/07/2020

End Date:

Sanction 1 of 1

Sanction Type: Bar (Permanent)






Disclosure 2 of 2

i

Reporting Source: Regulator


FINRA

Sanction(s) Sought:




NYLife Securities

Product Type: Other: private securities transactions

Allegations: Without admitting or denying the findings, Hynes consented to the sanctions and tothe entry of findings that he purchased securities issued by privately-heldcompanies costing a total of $90,000. The findings stated that these transactionswere outside the regular course and scope of his employment with his memberfirm. As a result, Hynes was required to provide written notice to the firm beforeparticipating in them, but he failed to provide the firm with any notice. The findingsalso stated that Hynes opened an account at another member firm and maintainedthe account throughout his association with his firm. Hynes deposited into theaccount the securities he had purchased through the private offerings conductedaway from his firm. Hynes failed to notify the other member firm that he wasassociated with his firm and failed to notify his firm that he had opened an accountat another member firm.




Sanctions Ordered:


No

Civil and Administrative Penalty(ies)/Fine(s)Suspension

No







If the regulator is the SEC,CFTC, or an SRO, did theaction result in a finding of awillful violation or failure tosupervise?

No

(1) willfully violated anyprovision of the SecuritiesAct of 1933, the SecuritiesExchange Act of 1934, theInvestment Advisers Act of1940, the InvestmentCompany Act of 1940, theCommodity Exchange Act, orany rule or regulation underany of such Acts, or any ofthe rules of the MunicipalSecurities Rulemaking Board,or to have been unable tocomply with any provision ofsuch Act, rule or regulation?








Regulator Statement Fine paid in full on November 10, 2017.


Capacities Affected: All capacities

Duration: Three months


End Date: 11/20/2017

Sanction 1 of 1

Sanction Type: Suspension

Monetary Related Sanction: Civil and Administrative Penalty(ies)/Fine(s)

Total Amount: $10,000.00

Portion Levied againstindividual:

$10,000.00

Date Paid by individual: 11/10/2017

Was any portion of penaltywaived?

No

Amount Waived:

Monetary Sanction 1 of 1

Payment Plan: Deferred

Is Payment Plan Current:






Regulator Statement Fine paid in full on November 10, 2017.

iReporting Source: Broker


FINRA

Sanction(s) Sought:




NYLife Securities

Product Type: Other: private securities transactions

Allegations: Alleged failure to notify firm of personal investments in private offerings.




Sanctions Ordered:


No

Civil and Administrative Penalty(ies)/Fine(s)Suspension

Capacities Affected: All capacities

Duration: Three months


End Date: 11/20/2017

Sanction 1 of 1

Sanction Type: Suspension

Monetary Related Sanction: Civil and Administrative Penalty(ies)/Fine(s)

Monetary Sanction 1 of 1







Broker Statement Fine paid in full on November 10, 2017.

Total Amount: $10,000.00

Portion Levied againstindividual:

$10,000.00

Date Paid by individual: 11/10/2017

Was any portion of penaltywaived?

No

Amount Waived:

Payment Plan: Deferred

Is Payment Plan Current:






Customer Dispute - Settled

This type of disclosure event involves a consumer-initiated, investment-related complaint, arbitration proceeding or civil suit containing allegationsof sale practice violations against the broker that resulted in a monetary settlement to the customer.

Disclosure 1 of 2

Reporting Source: Firm

Employing firm whenactivities occurred which ledto the complaint:

Allegations:

NYLIFE SECURITIES LLC

Claimants allege that beginning in 2017, the RR misrepresented Future IncomePayments, LLC (FIP) as a safe investment which would provide monthly payoutsof 8% on a "guaranteed basis"

Product Type: Other: Outside Investment

Alleged Damages: $0.00

Date Notice/Process Served: 07/03/2018

Arbitration Pending? No

Disposition: Settled

Disposition Date: 03/21/2019

Monetary CompensationAmount:

$1,425,000.00

Arbitration Information

Individual ContributionAmount:

$0.00

Alleged Damages AmountExplanation (if amount notexact):

Claimant seeks unspecified damages. However, the Firm has made a good faithdetermination that damages would exceed $5,000.00

Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):

FINRA

Docket/Case #: 18-02386








Allegations:

NY LIFE SECURITIES, INC.

MISREPRESENTATION OF STRUCTURED CASH FLOW

Product Type: Other: STRUCTURED CASH FLOW

Alleged Damages: $0.00

Date Notice/Process Served: 07/03/2018

Arbitration Pending? Yes

Broker Statement MR. HYNES DENIES ANY ALLEGATION OF WRONGDOING AND INTENDS TOVIGOROUSLY DEFEND THIS MATTER.

Arbitration Information

Alleged Damages AmountExplanation (if amount notexact):

CLAIMANTS SEEK UNSPECIFIED DAMAGES. HOWEVER, THEREPRESENTATIVE HAS MADE A GOOD FAITHESTIMATE THAT DAMAGES WOULD EXCEED $5,000.

Arbitration/CFTC reparationclaim filed with (FINRA, AAA,CFTC, etc.):

FINRA DISPUTE RESOLUTION

Docket/Case #: 18-02386

Disclosure 2 of 2

i



Allegations:

A.G. EDWARDS & SONS, INC.

CLIENT ALLEGED UNAUTHORIZED SELLS IN ORDER TO PLACE HIM INFUNDS THAT WERE RISKY.

Product Type: Mutual Fund(s)

Alleged Damages: $25,000.00

Date Complaint Received: 02/07/2001

Complaint Pending? No

Status:

Status Date:

Customer Complaint Information

Settled






Status Date: 10/12/2006

Settlement Amount: $9,000.00


$0.00



Allegations:

A.G. EDWARDS & SONS, INC.

CLIENT ALLEGES UNAUTHORIZED SELLS IN ORDER TO PLACE HIM INRISKY FUNDS JANUARY OF 2000.

Product Type: Mutual Fund(s)

Alleged Damages: $25,000.00

Date Complaint Received: 02/07/2001

Complaint Pending? No

Status:

Status Date: 04/05/2001

Settlement Amount:


Customer Complaint Information

Closed/No Action






Employment Separation After Allegations

This type of disclosure event involves a situation where the broker voluntarily resigned, was discharged, or was permitted to resign after beingaccused of (1) violating investment-related statutes, regulations, rules or industry standards of conduct; (2) fraud or the wrongful taking ofproperty; or (3) failure to supervise in connection with investment-related statutes, regulations, rules, or industry standards of conduct.

Disclosure 1 of 2


Employer Name: EAGLE STRATEGIES LLC

Termination Type: Permitted to Resign

Termination Date: 05/28/2017

Allegations: Mr. Hynes was permitted to resign after the company became aware he violatedcompany policy by failing to disclose: (a) multiple outside business activities andprivate securities transactions; (b) a brokerage account with an outside broker-dealer; (c) a federal tax lien.

Product Type: Other: Private Securities Transactions-Brokerage Account with an Outside Broker-Dealer


Employer Name: EAGLE STRATEGIES LLC



Allegations: Mr. Hynes was permitted to resign after the company became aware he violatedcompany policy by failing to disclose: (a) multiple outside business activities andprivate securities transactions; (b) a brokerage account with an outside broker-dealer; (c) a federal tax lien


Disclosure 2 of 2

i


Employer Name: NYLIFE SECURITIES



Allegations: Mr. Hynes was permitted to resign after the company became aware he violatedcompany policy by failing to disclose: (a) multiple outside business activities andprivate securities transactions; (b) a brokerage account with an outside broker-dealer; (c) a federal tax lien.






Mr. Hynes was permitted to resign after the company became aware he violatedcompany policy by failing to disclose: (a) multiple outside business activities andprivate securities transactions; (b) a brokerage account with an outside broker-dealer; (c) a federal tax lien.

Product Type: Other: Private Securities Transactions; brokerage account with an outside broker-dealer


Employer Name: NYLIFE SECURITIES



Allegations: Alleged violations of company policy failing to disclose: (a) outside businessactivities and private securities transactions; (b) an outside brokerage account; (c)a federal tax lien.







End of Report

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gabriel william hynes · b 02/2018 - 02/2018 kestra investment services, llc 42046 st. augustine,...

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