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Articles Posted in FINRA Regulation

FINRA Regulatory Notice Encourages Members to Disclose Participation in Any Cryptocurrency-related Activities
Herskovits, PLLC

FINRA has announced it will increase its scrutiny of the cryptocurrency market. As several regulatory bodies endeavor to establish their jurisdiction over the crypto space, FINRA will now boost its oversight of registered firms’ participation in its burgeoning market. In a new regulatory notice, the self-regulatory organization asked its 3,700 member firms to notify it…

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Merrill Lynch FAs Will Experience Pay Cuts Unless They Meet Certain Targets
Herskovits, PLLC

As Merrill Lynch brokers appear to lag behind their competitors at Morgan Stanley, some FAs at the firm are probably not looking forward to seeing their paychecks this summer season. Based on Merrill’s new compensation program, FAs who do not hit specific targets are going to endure punishment in the shape of a pay cut,…

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FINRA Imposes $550,000 Fines on Aegis Capital Over Anti-Money Laundering Violations
Herskovits, PLLC

FINRA has fined Aegis Capital Corp. $550,000 for failing to implement required anti-money laundering (AML) and supervisory programs designed to prevent fraudulent activity. The violations specifically affected low-priced securities transactions involving DVP (delivery versus payment) accounts. According to the outcome of FINRA’s investigation, the supervisory system Aegis used “was not reasonably designed to satisfy its…

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FINRA Plans to Crack Down on High-Risk Brokers, Are You at Risk?
Herskovits, PLLC

In conversation with Chip Jones, FINRA’s Senior Vice President of Member Relations and Education, Mike Rufino, Executive Vice President and Head of FINRA Member Regulation—Sales Practice expanded on Robert Cook’s 2018 Priorities Letter, which was released during the first days of the year. Rufino explained how FINRA plans to examine brokers to determine whether they…

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FINRA Rules 2165 & 4512 – Elder Abuse in the Securities Industry
Herskovits, PLLC

Based on research conducted by the National Center on Elder Abuse, 16% of elder abuse was caused by financial exploitation, which ranked third followed right after self-neglect and neglect by others. This percentage had increased from 12.3% since 2001; however, elder abuse is vastly under reported. According to one study, only 1 in 44 cases…

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Morgan Stanley No Longer Bound by the Protocol for Broker Recruiting
Herskovits, PLLC

In a move that could be categorized as ‘seismic,’ Morgan Stanley has decided to quit the Protocol for Broker Recruiting. Originated in 2004, the document created a methodology to engineer the departure of brokers from one firm to join another. Since then, it has protected departing brokers from litigation and temporary restraining orders, and ensured…

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Sandlapper Securities Named in FINRA Exorbitant Fees Complaint re: Saltwater Well Investments
Herskovits, PLLC

FINRA recently filed a complaint against a South Carolina-headquartered broker-dealer that allegedly charged exorbitant fees in connection with saltwater disposal well investments. The defendant, Sandlapper Securities, is a mid-size firm that employs about 60 brokers across its 13 locations. According to FINRA, Sandlapper “participated in a fraudulent scheme and defrauded investors by selling investments in…

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Have FINRA’s “Poor Investments” Affected its Members?
Herskovits, PLLC

In a recent report, the Wall Street Journal said FINRA’s investments are underperforming. The self-regulatory organization boasts a $1 billion yearly budget, and it easily collects over $100 million per year through the imposition of fines. According to WSJ journalists, throughout its existence, FINRA’s $1.6 billion investment portfolio has yielded $440 million less than what…

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FINRA’s Competency Exam Updates Lower Barriers for Industry Newcomers
Herskovits, PLLC

Aspiring brokers will no longer need a firm to sponsor them in order to take FINRA’s competency exams. The Securities and Exchange Commission has just approved FINRA Regulatory Notice 17-30, which will make this and other changes effective within a year. According to FINRA, the rule change aims to: adopt consolidated FINRA registration rules; restructure…

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FINRA VOWS TO LIMIT EXPUNGEMENTS – Rules and Realities
Herskovits, PLLC

“Arbitrators have a unique, distinct role in ensuring that customer dispute information is expunged from the CRD system only when it has no meaningful investor protection or regulatory value.” FINRA (September, 2017) In a new push for closer scrutiny over expungements, FINRA has just updated its Notice to Arbitrators and Parties on Expanded Expungement Guidance.…

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