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Sanctioned for Violating SEC Rules 605 and 606

November 19, 2010

FINRA fined 2 firms, and required each to revise its WSP's, for their violations involving Rule 605 (Disclosure of Order Execution Information) and Rule 606 (Disclosure of Order Routing Information) under Regulation NMS, among other things. 

    Olympus Securities, LLC (Montville, NJ) was fined $22.5K, and must revise its WSP's re: SEC Rule 605.  Olympus allegedly:   (i) failed to make a report on the covered orders in NMS (national market system) securities it received for execution from any person publicly available for several months;  (ii) failed to preserve, for a period of not less than 3 years, the first 2 in an accessible place, customer order memoranda;  (iii) failed to show correct terms and conditions on brokerage order memoranda by failing to correctly designate whether orders were held or not-held.  (FINRA Case #2007008464001)

    Penson Financial Services, Inc. (Dallas, TX) was fined $65K, and must revise its WSP's re: SEC Rule 606.  Other WSP areas to be revised:

trade reporting - including TRF reporting, trade modifiers, matching trades; sales transactions - including determining and marking a sale, and reporting sales to the TRF; OATS reporting - including accuracy and consistency of submitted information;  use of multiple MPIDs; and, short interest reporting.

Penson Financial allegedly:  (i) failed to properly adjust open orders and failed, prior to executing the orders, to amend such orders accordingly for dividends;  (ii) did not provide for supervision reasonably designed to achieve compliance with applicable laws, regulations and/or FINRA rules addressing SEC Rule 606; etc.;  (iii) failed to provide documentary evidence that it performed the supervisory reviews set forth in its WSP's concerning Rule 606; best ex regular and rigorous reviews; etc.;  (iv) submitted inaccurate short interest position reports to FINRA, in that the firm failed to report its short interest positions in several securities for one month. (FINRA Case #2008012681001)