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B/D Principal Barred, Ordered to Repay Stolen Money
February 15, 2012
[ by Melanie Gretchen ]
FINRA barred a registered principal from the industry because he allegedly diverted customer funds into his personal account. In an unusual twist, FINRA also ordered the individual to provide full restitution, plus interest, to the customer.
FINRA Findings and Allegations. Joseph Sciarra Jr. agreed to settle FINRA's allegations that he had converted a customer's funds by not applying the funds for the customer's intended purpose. The customer provided checks totaling $394,000 to Sciarra to invest in warrants. Rather than depositing the checks into the customer's firm account or purchasing the warrants and/or other securities for the customer, Sciarra cashed the checks or deposited them into a bank account. Some time after the customer's money was allegedly stolen, the customer has passed away. As of today, Sciarra has not reimbursed the customer's estate.
FINRA Sanctions. While it's expected that FINRA would bar an individual for misappropriating customer funds - especially such a large amount - it's another thing for FINRA to order the registered person to repay the customer. Yet, that was what FINRA did.
What make this sanction so unusual is: (i) FINRA rarely - perhaps 1% of the time - orders a barred individual to pay anything; and, (ii) why bother - i.e., what incentive does a person who's no longer in the industry have to make such payment? Not surprisingly, Sciarra also failed to respond to FINRA requests for information.
For more details, go to [FINRA AWC #2010022840501] and [FINRA Disciplinary Actions for January 2012].

