Blog
Summaries and explanations of the latest regulatory compliance announcements, reports and related stories.
December 9, 2020 -FINRA Board of Governors Meeting
FINRA’s Board of Governors met via zoom on December 9, 2020. The Board approved three proposed rulemaking amendments and also approved FINRA’s 2021 proposed budget. One of the proposed amendments that was approved was to further enhance the Continuing Education Program (“CE”). The amendment applies to FINRA Rules 1210 and 1240, strengthening FINRA’s CE program.
SEC Files $1 Million DollarFraud Complaint Against Advisor
The Securities and Exchange Commission (“SEC”) filed a complaint in the U.S. District Court for the Northern District of New York in Buffalo against Cygnus Capital Management and the estate of Richard Ventrilla (“Ventrilla”) alleging that they had defrauded 22 investors of $989,000.
Virtual Business Entertainment
FINRA Rule 3220 sets strict limits on the gifts and gratuities that financial professionals can give or receive. Gifts and gratuities are subject to a $100 per year, per person limitation. This includes whether or not there was a pre-existing relationship between the associated person and the recipient and whether the associated person paid for the gift out of their own personal bank account without reimbursement from the firm.
Increase in Electronic Communication Disciplinary Actions
COVID-19 has impacted the world’s operations tremendously. From volatile markets, to business loan grief, and overwhelming cyber threats, member firms have been forced to a new work environment, remote. Though the world entirely has been forced to a pause, FINRA has notified member firms they have used this time of uncertainty to crack down rule and regulation enforcement to protect investors.
SEC Charges App Developers for Unregistered Security-Based Swap Transactions
Abra, a California-based trading app, and related firm Plutus Technologies Philippines Corp (“Plutus”), were charged by the Securities and Exchange Commission (SEC) on July 13, 2020. Abra and the related firm were charged for offering trades to non-registered investors and for failing to record all trades on a registered national exchange.
December 2019 FINRA Disciplinary Actions
FINRA disciplinary actions taken against firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. FIRMS FINED: World Equity Group. The Firm was fined $18,500 for failing to report to the Trade Reporting and Compliance Engine (“TRACE”).
November 2019 FINRA Disciplinary Actions
FINRA disciplinary actions taken against firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. Individuals Barred: Hannah Burgess. Burgess was barred from association with any FINRA members for converting customer funds in the amount of $1,869.
October 2019 FINRA Disciplinary Actions
FINRA disciplinary actions taken against firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. Firm Fined: Dawson James Securities, Inc. The Firm was fined $20,000 as a result of Registered Representatives contacting phone numbers that appeared on a national do not call list.
'Tis the Season for an AML Inspection
As Summer has turned to Fall and you are getting around to that “To Do” list that may have hit the back burner all summer, it’s time to focus on your year-end compliance priorities. Plenty of people use a pen and paper, calendar, or online diary without any issues. And yet, a new to do list seems to emerge daily with important items being left behind.
September 2019 FINRA Disciplinary Actions
FINRA disciplinary actions taken against firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. Firm Fined: Clearpool Execution Services, LLC. The Firm was censured and fined $473,000, of which $43,000 was paid to FINRA and the remaining paid to other self-regulatory organizations for failing to create and maintain a compliance system fulfilling FINRA requirements.
August 2019 FINRA Disciplinary Actions
FINRA disciplinary actions taken against firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. Firm Fined: Robert W. Baird & Co. Incorporated (Milwaukee, Wisconsin). The Firm was censured and fined $150,000 for publishing seven (7) research reports authored by an analyst that was in employment discussions with the issuer.
July 2019 FINRA Disciplinary Actions
The following disciplinary actions were taken against both firms and individuals due to violations of FINRA rules, federal securities laws and MSRB rules. Firm Fined: Midtown Partners & Co., LLC. The Firm was fined $50,000 for failing to enforce the policies and procedures outlined in its WSPs related to the trading of securities on the Restricted List and Watch List.