Haselkorn & Thibaut, P.A., operating as Investment Fraud Lawyers has initiated a dedicated investigation into Lino J. Gutierrez, a former Merrill Lynch, Pierce, Fenner & Smith Incorporated broker based in Stuart, FL (CRD 5527598). Investors who held accounts with Mr. Gutierrez or relied on his financial advice have substantial reason to closely examine their portfolios and take immediate action if they suspect losses or misconduct. Our attorneys—former Wall Street defense lawyers with over 95 years of combined securities law experience—stand ready to help you recover your funds using our insider knowledge of securities industry practices.
As part of this ongoing investigation, we are reviewing all available public records, regulatory findings, court dockets, and customer allegations linked to Lino J. Gutierrez. If you have experienced losses attributable to this advisor’s actions, we strongly urge you to consult with one of our experienced securities attorneys for a free, no-obligation case review at 1-888-885-7162. We handle cases on a no recovery, no fee basis, so you pay nothing unless we recover money for you.
Lino J. Gutierrez – Background & Credentials
Table of Contents
| Full Name: | Lino J. Gutierrez (AKA Joe Gutierrez, Lino Joe Gutierrez) |
| CRD Number: | 5527598 |
| Most Recent Firm: | Merrill Lynch, Pierce, Fenner & Smith Inc. (2017–2025) |
| Location: | Stuart, FL |
| Other Firms: | Wells Fargo (2013–2017), PNC Investments (2010–2013), Chase Investment Services (2009–2010) |
| Current Status: | Not currently registered with a FINRA-member firm |
Key Red Flags in Lino J. Gutierrez’s Regulatory Record
Reviewing BrokerCheck and public regulatory filings exposes a number of significant red flags. These events raise serious questions about the integrity and suitability of this advisor’s conduct:
- Federal Criminal Conviction (2025): Convicted of multiple felonies, including healthcare fraud, wire fraud, and conspiracy related to the Federal Anti-Kickback Statute. Sentenced to 210 months imprisonment and ordered to pay over $5.65 million in restitution.
- Settled Customer Complaint – FINRA Arbitration (2026): Allegations: Failed to act in the client’s best interest while at Merrill Lynch. Outcome: $100,000 settlement paid to the client.
- Pending Customer Complaint (Filed September 2025): Alleged unsuitable investment recommendations during his tenure with Merrill Lynch. Damages sought: $200,000. Status: Currently unresolved.
Specific Allegations and Complaint Summary
The following outlines all complaints and accusations against Lino J. Gutierrez as disclosed in public records and regulatory filings:
- Unsuitability (FINRA Rule 2111, SEC Regulation Best Interest): Making recommendations—such as variable annuities or equity securities—that did not match clients’ financial objectives or risk profiles.
- Failure to Act in Client’s Best Interest: Allegedly placing personal gain or third-party interests ahead of client outcomes, in violation of Reg BI’s Care Obligation and Merrill Lynch’s internal standards.
- Misrepresentation (FINRA Rule 2020): Inadequate disclosure of the key risks or features of recommended investment products.
- Fraud-Related Conduct: The criminal conduct, while pertaining to healthcare fraud, raises serious questions of integrity and ethical conduct applicable to all roles as a financial advisor.
Each of these issues exposes investors to heightened risk and potentially significant financial loss. If you believe your account has been mishandled, you may have the right to recover damages through FINRA arbitration. As a firm with a 98% success rate across hundreds of investor claims—handling over $520 million in securities matters—we have the experience and insider perspective to maximize your chances of recovery.
Award & Complaint History – Detailed Table
| Date/Event | Allegations / Outcome | Damages / Award |
|---|---|---|
| July 2025 Federal Court Conviction | Healthcare fraud, wire fraud, anti-kickback violations | 210 months prison, $5,650,086.62 restitution |
| January 2026 FINRA Arbitration Settlement | Failure to act in client’s best interest | $100,000 paid to client |
| September 2025 Pending FINRA Arbitration | Unsuitable recommendations (Merrill Lynch) | $200,000 damages sought |
How Investors Can Protect Themselves
If you invested with Lino J. Gutierrez or had accounts at Merrill Lynch, Pierce, Fenner & Smith Incorporated, especially in Stuart, Florida, you may be at increased risk for fraud or broker misconduct. We recommend the following steps:
- Review your account statements for unauthorized transactions, excessive trading, or investments that do not match your goals.
- Check your broker’s recent regulatory history using BrokerCheck for new complaints or disclosures.
- Consult an experienced securities attorney if you detect losses or suspect wrongdoing. Early action is often critical to a successful recovery.
Our attorneys, recognized among the top 2% of all U.S. securities lawyers (Martindale-Hubbell AV Preeminent) and awarded Super Lawyers honors, provide a proven advantage when advocating for defrauded investors. Our client reviews consistently praise our compassion, relentless advocacy, and insider insight gained from years of defending major Wall Street firms. We fight to recover your losses, not just win your case.
Get a Free Case Assessment
If you suspect you have suffered financial harm as a result of advice or actions by Lino J. Gutierrez—or any advisor at Merrill Lynch, Pierce, Fenner & Smith Incorporated—call 1-888-885-7162 for your free, confidential consultation with an experienced securities attorney. There are no legal fees unless we recover money for you.
Don’t let investment losses go unchecked. Our dedicated team puts over 95 years of securities law experience to work for you—the investor. Act today to protect your rights and preserve your financial future. Contact us now and begin your recovery process.
