Haselkorn & Thibaut, P.A., operating as Investment Fraud Lawyers, has officially opened an investigation into Lino J. Gutierrez (CRD #5527598), a former Merrill Lynch financial advisor with a history of serious regulatory red flags and multiple customer disputes. If you have experienced investment losses with Mr. Gutierrez in Stuart, FL, or elsewhere, we urge you to review the following critical findings and take immediate action to protect your rights and potential recovery.
Summary of Our Firm’s Investigative Findings
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As a team of former Wall Street defense attorneys, we bring 95+ years of combined securities law experience and advanced, insider knowledge to investors nationwide. This investigation focuses on identifying misconduct risks for clients of Lino J. Gutierrez—whose record now reveals troubling events, ranging from a federal felony conviction to customer complaints alleging unsuitable investment recommendations. With a 98% success rate and a no recovery, no fee policy, our attorneys are actively pursuing claims and offering free consultations at 1-888-885-7162.
Lino J. Gutierrez — Background and Registration
| Name | Lino J. Gutierrez (also known as Joe Gutierrez, Lino Gutierrez, Lino Joe Gutierrez) |
| CRD Number | 5527598 |
| Most Recent Firm | Merrill Lynch, Pierce, Fenner & Smith Incorporated (2017–2025) |
| Prior Employers |
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| Current Registration Status | Not currently registered with any FINRA-member firm |
| Other Business Affiliations | Decision One Health |
Critical Red Flags and Regulatory Events
Our investigation reveals multiple serious events disclosed on Mr. Gutierrez’s BrokerCheck report:
- Federal Criminal Conviction (2025): In July 2025, Mr. Gutierrez was convicted in U.S. federal court (Middle District of Florida, Tampa Division) for felony healthcare fraud, conspiracy to commit wire fraud, and payment of illegal kickbacks. He received a 210-month prison term, was ordered to pay $5.65 million in restitution, and received a $1,100 special assessment.
- Prior Customer Complaint—$100,000 Settlement (2026): In January 2026, while with Merrill Lynch, he settled a FINRA arbitration alleging he failed to act in the client’s best interest. This complaint resulted in a $100,000 payment to the customer.
- Pending Customer Complaint—Alleged $200,000 Damages (2025): In September 2025, a Merrill Lynch client filed a pending FINRA arbitration against Mr. Gutierrez for making unsuitable investment recommendations, seeking recovery of $200,000 in losses.
Specific Allegations of Broker Misconduct
Investors have raised the following specific concerns about Lino J. Gutierrez’s conduct as a financial advisor in Stuart, FL and beyond:
- Unsuitable Recommendations: Allegations include advocating for variable annuities and equity securities not aligned with clients’ financial objectives. These actions may violate FINRA Rule 2111 and SEC Regulation Best Interest.
- Misrepresentation: There are claims that Mr. Gutierrez failed to properly disclose risks or product features, potentially infringing on FINRA Rule 2020 and Rule 2010.
- Failure to Act in Clients’ Best Interest: Some clients allege that Mr. Gutierrez prioritized his interests or failed to uphold the Care Obligation under Reg BI.
- Fraud-Related Conduct: The criminal conviction for federal healthcare fraud is a direct indicator of the type of dishonesty regulators consider most egregious.
What This Means for Investors
Our attorneys have seen firsthand how misconduct by registered representatives—especially those with regulatory sanctions and adverse arbitration history—can devastate clients’ retirement and savings. If you worked with Lino J. Gutierrez at Merrill Lynch, Pierce, Fenner & Smith Incorporated or other firms and experienced unexplained losses, unauthorized transactions, or recommendations that were inconsistent with your financial needs, you may be eligible for substantial recovery through FINRA arbitration.
Complete Record of Complaints and Regulatory Filings
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Federal Felony Conviction (2025):
- Counts: Attempt/conspiracy to commit healthcare and wire fraud, payment of kickbacks, conspiracy to violate Federal Anti-Kickback Statute, healthcare fraud.
- Sentence: 210 months in prison, $5,650,086.62 restitution, $1,100 special assessment.
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Customer Disputes:
- 2026: Alleged failure to act in client’s best interest, settled for $100,000 during Gutierrez’s tenure at Merrill Lynch.
- 2025: Pending arbitration for unsuitable recommendations, seeking $200,000 in damages.
Why Investors Trust Our Firm
- Insider Knowledge: Our background as former Wall Street defense lawyers means we know exactly how firms operate—and how to fight them.
- Proven Track Record: Hundreds of investors have recovered losses with our help. We have handled over $520 million in securities matters and are rated in the top 2% (Martindale-Hubbell AV Preeminent) and “Super Lawyers.”
- Results and Reputation: We maintain a 98% success rate and 5.0-star client reviews. Every case receives our full attention.
- No Recovery, No Fee: You pay nothing unless our attorneys recover funds for you.
Our Process: Aggressive Advocacy, Compassionate Guidance
We treat every client with empathy and respect. Our attorneys will:
- Conduct a comprehensive portfolio review and document all misconduct
- Use our insider knowledge to present the most compelling case, whether through negotiation or arbitration
- Guide you through every step, explaining your options and delivering clear, honest assessments
Your recovery is our mission.
Contact Our Firm for a Free, Confidential Consultation
If you believe you lost money working with Lino J. Gutierrez—especially during his tenure at Merrill Lynch, Pierce, Fenner & Smith Incorporated in Stuart, FL—we invite you to speak with our attorneys directly.
Call us now at 1-888-885-7162 for your free, no-obligation consultation.
Our mission is to help you recover your investment losses promptly and with confidence. Take action now to protect your financial future.
