Header graphic for print
Securities Compliance Sentinel Analysis of cutting-edge securities industry issues

Category Archives: FINRA CRD

Subscribe to FINRA CRD RSS Feed

What Does The “E” in Email Mean?

Posted in Broker-Dealer Regulation, Cyber-Security, Financial Industry Trends, FINRA Compliance, FINRA CRD, FINRA Enforcement, Securities Litigation

Recent history shows that FINRA is going after brokers who alter client’s records.  This, unfortunately, reminded me of my own bad experience as a young lawyer when defending a broker. That broker had great “contemporaneous” notes of his communications with the client that made the case very defendable.  My opponent questioned the authenticity of these… Continue Reading

Expunge Me, No Expunge You

Posted in Arbitration, Broker-Dealer Regulation, Expungement, FINRA CRD, Uncategorized

FINRA recently put into place the highly publicized prohibition of making a settlement contingent upon a registered representative having the subject arbitration expunged from the representatives U-4.  Is this a good thing?  The claimants’ bar thinks this is a good thing because it will prevent bad apples from having their records cleaned.  This position seems… Continue Reading

EXPUNGEMENT CONCERNS RAISED BY CONGRESS

Posted in Expungement, FINRA Compliance, FINRA CRD

A senator wrote to FINRAand the SEC raising concerns about the high rate that broker-dealers have complaints expunged from their records.  See http://www.markey.senate.gove/documents/2013-10-25_FINRA.pdf; http://www.markey.senate.gove/documents/2013-10-25_SEC.pdf. In the letter to FINRA, the senator said the high expungement rate means that BrokerCheck is not providing investors with accurate information, and “rogue brokers” continue to operate their businesses.  The… Continue Reading

Broker-Dealers Must Now Investigate Potential Registered Representatives

Posted in FINRA Compliance, FINRA CRD, Registered Representatives

FINRA approved new rules to require member firms to verify the accuracy of information provided on a prospective applicant’s Form U4.  See http://www.finra.org/Newsroom/NewsReleases/2014/P493588. The new FINRA rules will now force firms to adopt new written procedures to verify information from public sources of available criminal, bankruptcy, and litigation records.   FINRA also stated that it will review public… Continue Reading

Is “Big Brother” Such A Bad Thing

Posted in Broker-Dealer Regulation, Corporate Governance, FINRA Compliance, FINRA CRD, FINRA Enforcement, Ponzi Schemes, Registered Representatives

FINRA recently announced a change to the supervision rule to require hiring firms to conduct background checks on new employees.  This rule change raises the question; what have member firms been doing all along.  In this day and age of instant information, having a new registered representative complete his/her U-4 should have only been a… Continue Reading

Is This The Beginning Of The End To Expungment Agreements

Posted in Arbitration, Broker-Dealer Regulation, Expungement, Financial Industry Trends, FINRA CRD, Registered Representatives

A frequent tool for settlement was to make a stipulated award that included expungement of the registered representative’s U-4 a condition of settlement.  FINRA recently announced that it is “developing rule changes that would prohibit the practice of conditioning settlements on an investor’s agreement not to oppose expungement.” It should come as no shock that… Continue Reading

FINRA Deputy Counsel Article on Expungements

Posted in Arbitration, Expungement, FINRA CRD

A must read is the article in this quarter’ s The Neutral Corner, published by FINRA Dispute Resolution, and authored by John D. Nachmann, Esq., Deputy Chief Counsel, FINRA Registration and Disclosure.  Mr. Nachmann’s article, “Limitations on the Types of Disclosure Events That May Be Expunged From the Central Registration Depository Through Arbitration,” provides a blueprint… Continue Reading