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Principal Caught Sending Himself Confidential, Proprietary Information

September 1, 2011
This all-too-common use of the e-mail system resulted in a fine and suspension to a Park Avenue Securities Principal.  FINRA found that, at least on 3 occasions, Jeffrey Nicholas Lombardi:
  • sent internal compliance reports containing non-public personal information about firm customers to a non-affiliated, 3rd-party member firm.
  • sent internal documents of his firm containing non-public personal information of individuals to his personal e-mail address.  The information had been derived from a request by FinCEN, as well as from the firm’s internal summary regarding certain registration requirements.
  • sent documents with another firm customer’s non-public personal information to his personal e-mail address.
In each case, Lombardi transferred the information outside of his member firm for purposes other than the firm’s business - and did so without his firm's authorization, and contrary to its written policies and procedures.   By sending a report with confidential, non-public personal customer information to a non-affiliated third party, Lombardi caused his firm to violate SEC Regulation S-P. By transferring information from a FinCEN list to his personal e-mail account, Lombardi caused his firm to violate FinCEN’s regulations. Lombardi knew of his firm’s policies regarding the dissemination of confidential and/or proprietary information, knew or should have known that SEC Regulation S-P prohibits financial institutions from disclosing non-public personal information about a customer to non-affiliated third parties unless certain notice is given to the customer and the customer has not elected to opt out of the proposed disclosure, and knew, or should have known, that information derived from a FinCEN request may not be used for any purpose other than in accordance with FinCEN regulations. Furthermore, Lombardi had affirmed in writing and certified that he read and would comply with a all rules, regulations, and firm policies governing confidentiality of information and use of office equipment. For his indiscretion, Lombardi was fined was fined $5K and suspended for 15 days.  This is FINRA Case #2010023537101.   [Disciplinary Action for June 2011]