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Stories of Interest
- Sarah ten Siethoff is New Associate Director of SEC Investment Management Rulemaking Office
- Catherine Keating Appointed CEO of BNY Mellon Wealth Management
- Credit Suisse to Pay $47Mn to Resolve DOJ Asia Probe
- SEC Chair Clayton Goes 'Hat in Hand' Before Congress on 2019 Budget Request
- SEC's Opening Remarks to the Elder Justice Coordinating Council
- Massachusetts Jury Convicts CA Attorney of Securities Fraud
- Deutsche Bank Says 3 Senior Investment Bankers to Leave Firm
- World’s Biggest Hedge Fund Reportedly ‘Bearish On Financial Assets’
- SEC Fines Constant Contact, Popular Email Marketer, for Overstating Subscriber Numbers
- SocGen Agrees to Pay $1.3 Billion to End Libya, Libor Probes
- Cryptocurrency Exchange Bitfinex Briefly Halts Trading After Cyber Attack
- SEC Names Valerie Szczepanik Senior Advisor for Digital Assets and Innovation
- SEC Modernizes Delivery of Fund Reports, Seeks Public Feedback on Improving Fund Disclosure
- NYSE Says SEC Plan to Limit Exchange Rebates Would Hurt Investors
- Deutsche Bank faces another challenge with Fed stress test
- Former JPMorgan Broker Files racial discrimination suit against company
- $3.3Mn Winning Bid for Lunch with Warren Buffett
- Julie Erhardt is SEC's New Acting Chief Risk Officer
- Chyhe Becker is SEC's New Acting Chief Economist, Acting Director of Economic and Risk Analysis Division
- Getting a Handle on Virtual Currencies - FINRA
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NEWSLETTERS & ALERTS
80 Years of Experience, Yet No Leniency from FINRA in Meting Out Sanctions
by Howard Haykin
FINRA AWC #2015043584402 – Fined $5K, Suspended 15 Days. From June 2014 through June 2015, a Berthel Fisher broker, with 42 years’ experience, effected hundreds of transactions in 2 customers' brokerage accounts without first obtaining written approval from the customers to do so. And even though each customer had verbally authorized the broker to exercise discretion in their accounts, Berthel Fisher prohibited the use of discretion in brokerage accounts – which is why the broker never sought out the firm's acceptance of the accounts as discretionary.
In addition to FINRA’s sanctions, the broker was U5’d in September 2018 by Berthel Fisher for “failure to respond to an inquiry from the Compliance Department.”
FINRA AWC #2017055321601 – Fined $5K, Suspended 20 Days. In August 2017, FINRA's Senior Helpline received a call from an individual who alleged that a Morgan Stanley broker, with 38 years’ experience, had placed trades in an account belonging to his mother without first speaking to his mother. Investigations by FINRA and Morgan Stanley revealed that the broker had, in fact, exercised discretion without written authorization in the accounts of 7 customers from August 2016 through July 2017. And, although the 7 customers had given the broker express or implied authority to exercise discretion in their accounts, none had provided written authorization for him to exercise discretion.
The broker also submitted committed a 'FINRA cardinal sin' by submitting an annual compliance questionnaire (ACQ) in which he falsely indicated that he had not exercised discretion in any customer account. This ACQ response probably 'earned' the broker the extra 5 days of suspension.
These cases were reported in FINRA Disciplinary Actions for January 2019.
For details on either case, go to ... FINRA Disciplinary Actions Online, and refer to the Respective Case Number.