REPORT ON DISCIPLINARY ACTION - Details of Hearing: Evangelos-Angelos (Angelo) Mantzios (Mississauga, ON) - FP Canada
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REPORT ON DISCIPLINARY ACTION Details of Hearing: Evangelos-Angelos (Angelo) Mantzios (Mississauga, ON) On June 25, 2021, an FP Canada Standards Council™ Discipline Hearing Panel (the “Panel”) accepted a Joint Settlement Agreement between the FP Canada Standards Council™ and Evangelos-Angelos (Angelo) Mantzios. The Panel ordered, among other penalties, that Mr. Mantzios’ certification and entitlement to use the CFP® certification marks be suspended for a period of six (6) months, ending on December 26, 2021. The Panel also ordered that Mr. Mantzios complete additional Continuing Education credits and pay costs to FP Canada™. Background Mr. Mantzios was certified by FP Canada, then the Financial Planning Standards Council (FPSC®), as a CERTIFIED FINANCIAL PLANNER® professional in September 2012. He consistently renewed his certification and does not have a prior discipline history with FP Canada. When completing his 2018/2019 CFP Renewal Application form, Mr. Mantzios reported to FP Canada that another regulatory body was reviewing his conduct in relation to the use of pre-signed and altered forms, as well as opening leveraged accounts, contrary to the polices of his employer at the time. The Standards Council commenced an independent investigation into Mr. Mantzios’ conduct as a CFP Certificant. During the Standards Council’s investigation, in addition to the allegations relating to the use of pre-signed and altered forms and the use of leveraging, the Standards Council also reviewed Mr. Mantzios’ conduct in shredding the contents of client files prior to scheduled compliance reviews by a regulator. The Conduct Review Panel (CRP) referred this matter to a Hearing Panel in October 2020. Admitted Conduct In a Settlement Agreement with the Standards Council, Mr. Mantzios admitted, and the Hearing Panel found, that: he and/or staff under his supervision, pre-signed or altered client forms, and shredded contents of client files prior to scheduled compliance reviews by a regulator. Mr. Mantzios also admitted to, and was found to have breached, the regulator’s rules. The Hearing Panel found that it was inappropriate, and an aggravating factor, for Mr. Mantzios to ask staff, whom he supervised, to fill in the incomplete information on the form. The panel also noted the following mitigating factors: • Mr. Mantzios was cooperative with FP Canada in its investigation and had no previous history of violations, though the conduct occurred over a number of years; and
• there were no client complaints, financial harm or losses that surfaced relating to his actions. FP Canada Standards Council Hearing Panel Decision The Hearing Panel determined that the Joint Settlement Agreement and proposed penalty were reasonable and should be accepted in accordance with Article 8.2 of the Disciplinary Rules and Procedures. The Hearing Panel accepted the joint proposed penalty and, on June 25, 2021 ordered that: • Mr. Mantzios’s CFP certification and entitlement to use the CFP marks shall be suspended for a period of six (6) months from June 25, 2021 to December 25, 2021; • During the term of Mr. Mantzios's suspension, he shall cease using the CFP certification marks in all correspondence and representations of himself and shall not hold himself out to clients or the public as a CFP professional or certificant of FP Canada; • In addition to completing the annual Continuing Education ("CE") hours required of every CFP professional, Mr. Mantzios shall, at his own expense, successfully complete: o The FP Canada Introduction to Professional Ethics Course (IPE) program; and o Two (2) credits of FP Canada-approved CE in the category of Practice Management; and • Mr. Mantzios shall pay costs to FP Canada in the amount of $1,500 by July 26, 2021; and • Mr. Mantzios shall provide proof of successful completion of the CE described above and shall pay the costs described above to the Standards Council as preconditions to recertification. 2/2
DISCIPLINARY HEARING DECISION AND REASONS IN THE MATTER OF FP CANADA STANDARDS COUNCIL™ AND EVANGELOS-ANGELOS (ANGELO) MANTZIOS Heard in writing: May 26, 2021 Date of decision: June 25, 2021 Hearing Panel: FP Canada Standards Council Discipline Hearing Panel Craig Noon-Ward, CFP®, Chair of the Hearing Panel Meagan S. Balaneski, CFP® Karen Manarin Tamara Center, for FP Canada Standards Council Warren S. Rappoport, for Evangelos-Angelos (Angelo) Mantzios Erica Richler, Independent Legal Counsel to the Hearing Panel Jignasa Patel, Secretary to the Hearing Panel 1. The FP Canada Standards Council Discipline Hearing Panel (the “Panel”) held a written hearing to consider allegations of misconduct against Evangelos-Angelos (Angelo) Mantzios, CFP®. The Panel considered the Joint Settlement Agreement filed by the parties, as well as the parties’ joint written submissions. 2. The conduct in this case involves Mr. Mantzios, and/or staff under his supervision, pre-signing or altering client forms, as well as shredding contents of client files prior to scheduled compliance reviews by the Mutual Fund Dealers Association of Canada (MFDA). Mr. Mantzios was also found to have breached MFDA rules. 3. The allegations against Mr. Mantzios were set out in the Statement of Allegations dated November 19, 2020 as follows: 1. Between approximately 2013 and 2018, the Respondent failed to act with integrity and professionalism, and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, contrary to Principles 2 and 8 and Rules 1 and 2 of the Standards of Professional Responsibility in force between November 2011 and December 2018, by engaging in the following conduct: Page 1 of 5
a) Signing, or directing another individual to, pre-sign or alter at least 41 forms involving 32 clients; b) Shredding contents of client files prior to scheduled compliance reviews; c) Instructing staff to use his log in credentials to complete insurance applications - WITHDRAWN; and/or d) Instructing staff to use his log in credentials to complete Continuing Education credits - WITHDRAWN. 2. The Respondent failed to provide professional services in accordance with applicable laws, regulations, rules or established policies of governmental agencies or other applicable authorities by engaging in conduct that contravened MFDA Rules 2.5.1, 1.1.2, and 2.1.1, as found by the MFDA Hearing Panel by Order dated November 29, 2019, contrary to Rule 24 of the Standards of Professional Responsibility in force between April 1, 2019 to December 31, 2019. 3. The Respondent failed to reply promptly and completely to communications from the FP Canada Standards Council in which a response was requested and failed to cooperate fully with a FP Canada Standards Council investigation, contrary to Rules 33 and 34 of the Standards of Professional Responsibility in force commencing on January 1, 2020 - WITHDRAWN. JOINT SETTLEMENT AGREEMENT 4. The parties filed with the Panel a Joint Settlement Agreement, a copy of which is attached as Schedule A. 5. As part of the Joint Settlement Agreement, FP Canada withdrew the allegations in paragraphs 1(c), 1(d), and 3 noted above. Mr. Mantzios admitted the remaining allegations of misconduct. DECISION AND REASONS 6. Pursuant to Article 6.10 of the Disciplinary Rules and Procedures, the “Hearing Panel shall review the Settlement Agreement and, unless the Hearing Panel considers the terms of the Settlement Agreement to be inappropriate in the circumstances, shall make an order consistent with the agreed terms of the Settlement”. 7. The Panel acknowledges that a joint settlement should only be rejected if the settlement would Page 2 of 5
bring the administration of justice into disrepute or would otherwise be contrary to the public interest. In R. v. Anthony‑Cook, 2016 SCC 43, the Supreme Court of Canada explained that to meet this test, the settlement must be “so unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down.” 8. The Panel accepts the Joint Settlement Agreement and finds that it is not inappropriate in the circumstances. 9. There is agreement by the panel that the certificant’s behaviour breached the applicable Standards for Professionalism and Integrity. The proposed penalty is consistent with those penalties of preceding cases involving violations of the same rules and principles and therefore the panel determined that the proposed penalty is appropriate. Mr. Mantzios stated he was aware his actions contravened permitted practices and in doing so compromised professionalism and integrity for convenience and expediency. 10. With regard to the breach of Principles 2 and 8 and Rules 1 and 2 of the Standards of Professional Responsibility in force between November 2011 and December 2018 (relating to the pre-signed forms and shredding), Mr. Mantzios’ actions breached both his employer’s zero-tolerance policy as well as that of FP Canada’s Notice to the Profession (2016) warning against the use of pre- signed and altered forms. In choosing to engage in these actions, Mr. Mantzios deliberately violated this guidance through his misconduct. These are significant omissions which could have resulted in unsuitable recommendations. Mr. Mantzios’ actions had the potential to have more serious implications. Luckily, no impact to clients has been noted in the facts before the panel. Through purposely choosing to have clients sign incomplete documentation, Mr. Mantzios rendered these documents non-compliant and any subsequent alteration without a corresponding subsequent client-signed consent is a violation of accepted practices as outlined by the regulator, investment dealer and FP Canada. These actions prevented clients from legally reviewing the nature of the contract to which they affixed their signed consent. 11. Mr. Mantzios’ perception that this is an administrative convenience is inconsistent with Principle 2: Integrity, and also with Principle 8: Professionalism. Mr. Mantzios’ actions do not reflect positively upon the profession nor inspire confidence and respect from clients and the community. In the Settlement Agreement, Mr. Mantzios admits that he did not enjoy doing paperwork and it Page 3 of 5
was not his strength. He also admits that he failed to supervise his staff. The panel finds that it was inappropriate for Mr. Mantzios to ask staff, whom he supervised, to fill in the incomplete information on the form. The panel finds that this is an aggravating factor. 12. On November 29, 2019, the Mutual Fund Dealers Association (MFDA) issued an Order approving a Settlement Agreement with Mr. Mantzios. In the Settlement Agreement with the MFDA, Mr. Mantzios admitted and the MFDA Hearing Panel found that his conduct violated MFDA Rules 2.5.1, 1.1.2 and 2.1.1. As a result of these admissions and findings, Mr. Mantzios’ conduct is also contrary to Rule 24 of the Standards of Professional Responsibility in force between April 1, 2019 to December 31, 2019. 13. The panel notes that the certificant has been cooperative with FP Canada in its investigation and has no previous history of violations, though the current conduct has occurred over a number of years. The panel recognizes there have been no client complaints, financial harm or losses that have surfaced relating to his actions. The panel agrees that the exhibited behaviour is not consistent with what is expected from a CFP certificant and has considered the above mitigating circumstances in support of the agreed settlement. ORDER 14. For these reasons, the Panel accepts the Joint Settlement Agreement. 15. The Panel finds that Evangelos-Angelos (Angelo) Mantzios, CFP® engaged in misconduct as alleged in the Statement of Allegations and as admitted in the Joint Settlement Agreement, more particularly contrary to Principles 2 and 8 and Rules 1 and 2 of the Standards of Professional Responsibility in force between November 2011 and December 2018, and contrary to Rule 24 of the Standards of Professional Responsibility in force between April 1, 2019 to December 31, 2019. 16. The Panel orders the following disciplinary penalty pursuant to its authority under article 8.2 of the Disciplinary Rules and Procedures: a. The Respondent’s CFP certification and entitlement to use the CFP marks shall be suspended for a period of six (6) months commencing on the date the Order is signed; b. During the term of the Respondent’s suspension, he shall cease using the CFP marks in all correspondence and representations of himself and shall not hold himself out to clients or the public as a CFP professional or certificant of FP Canada; Page 4 of 5
c. In addition to completing the annual hours required of Continuing Education (“CE”) required of every CFP professional, the Respondent shall, at his own expense, successfully complete the following additional CE, by no later than March 1, 2022: i. The FP Canada Introduction to Professional Ethics Course (IPE) program; and ii. Two (2) credits of FP Canada-approved CE in the category of Practice Management; and d. The Respondent shall pay costs to FP Canada in the amount of $1,500 payable within thirty (30) days from the date the Order is signed; and e. The Respondent shall provide proof of successful completion of the CE described in subparagraph (d) above and shall pay the costs described in subparagraph (e) above to the Standards Council as preconditions to recertification. DATED this 25th day of June, 2021 ___________________________________________ Craig Noon-Ward, CFP®, Chair of the Hearing Panel ___________________________________________ Meagan S. Balaneski, CFP® ___________________________________________ Karen Manarin Page 5 of 5
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