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Possession & Control Issue: RR Secretly Held Customer Securities

February 28, 2011

A broker in New York, NY, agreed to a $15K fine and 7-month suspension to settle FINRA charges he failed to inform his member firm that he was holding stock certificates belonging to prospective firm customers.  That caused the broker-dealer to violate SEC Rule 15c3-3, because it failed to bring securities under possession or control, as required.  Not knowing about the securities held by RR, precluded firm from computing and maintaining sufficient cash and/or qualified securities in its reserve bank account;  firm also failed to record the receipt of securities, as required.

    Broker's Other Violations.  Broker used a personal email account to send business-related correspondence - in violation of firm policy.  And, while he cc'd his firm's email address on a few of the emails he sent from his personal email account, he failed to copy or forward any of these emails to his firm managers. 

This is FINRA Case #2008012634701.   [Disc. Actions for February]