NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 2nd October 2023, 05:47 pm
The financial industry, including the stock and commodity markets across the globe, is very complex and important. Those that are skilled in the field may find that there are investment opportunities that can give them an unfair edge on the rest of the market. In some situations, these advantages can actually be illegal and regulatory bodies may want to take action. One organization that can take action against individuals and investment firms is the Financial Industry Regulatory Authority, which is commonly referred to as FINRA.
Today, FINRA is the largest independent regulation in the United States. The organization aims to protect investors by making sure that all investors, investment firms, and publicly traded companies operate ethically and within the law. While it is not officially linked to the SEC or other law enforcement industry, FINRA has the ability to set forth disciplinary actions that need to be taken seriously. Those that are charged with a disciplinary action could face a variety of potential penalties due to their past actions.
Issues Covered by FINRA
Overall, FINRA covers a variety of different issues that are of a concern to investors and the overall integrity of the markets. Some of the most common issues that FINRA will cover and investigate include fraud, misrepresentation, insider trading, and other illegal and unethical acts involving publicly traded securities and commodities. In most situations, FINRA will provide suggested disciplinary actions that people are suggested to follow.
In most cases, people that are provided with disciplinary actions set forth by FINRA will not have to face jail time. Most of these cases are handled outside of the courtroom and are settled outside of court. FINRA will generally set forth actions that are meant to discipline those that are guilty of certain acts. Some of the most common penalties that FINRA will suggest will include financial penalties, suspension of trading rights, and even a permanent ban from being able to trade or work in the financial markets. They may also provide additional suggestions to an employer that can recommend terminating employment.
While FINRA cases are generally handled outside of the legal system, FINRA can still provide suggestions to the SEC, FBI, and other federal agencies. These agencies are then permitted to pursue additional charges that could include criminal felonies that could result in even further and more significant penalties than those that are set forth by FINRA.
Hiring a Defense Lawyer
If you are the recipient of a disciplinary action set forth by FINRA, you should reach out to a criminal defense lawyer immediate. You should find one that has experience in negotiating with FINRA, which will help to ensure that your case moves smoothly and that your rights are properly represented.
Depending on the scope of the situation, the attorney will also help you to prepare for defense against further criminal charges. FINRA will be able to provide guidance as to whether they will be forwarding your case on further, which will give you a sense as to whether you should expect investigations by other parties.
FINRA Disciplinary Actions Lawyers
The banking and financial markets in the United States are heavily regulated today. One organization that does a lot of good for Regulators is FINRA. This is a private organization that provides a variety of self-regulating services to financial firms. While FINRA is not technically part of the government and they cannot provide you with direct punishment, they do enforce a wide variety of laws that need to be followed. If you are not in compliance with FINRA laws, you could end up being charged with SEC, FBI, or other government violations.
To ensure that all people are aware of what the FINRA rules are, the organization maintains and updates the FINRA Code of Procedure that is available for free online for all people and organizations to view. FINRA has a variety of different types of procedures and rules in place that will govern who can buy and sell securities and what processes needed to be met in order to do this in compliance with the law.
If you are believed to be in violation of a rule that is set forth by FINRA, you could be called in for a FINRA hearing. During a hearing, the process will be very similar to a general criminal or civil trial. However, it will normally be much less formal. During the hearing, you will be able to provide testimony from witnesses, provide evidence, and give your side of the story. The FINRA organization will also go through a similar process in that it will spend a lot of time trying to prove its side of the case.
If you are found to be in violation of any of the charges that are set forth by FINRA, you could receive a variety of different types of punishment. The most common form of a punishment is a financial penalty and settlement. The settlement amount will normally work to provide some form of restitution to individuals that were hurt by your action. It will also work to be a punishment to ensure that you do not complete the same act again.
If a settlement is not obtained, FINRA will be able to pursue a formal complaint against you. In these situations, you will go through a two or three person hearing in which your case will be fully heard and examined. The hearing can then ultimately come up with a punishment that you will be required to abide by.
Technically, the organization will not be able to pursue criminal charges against you. Since it is a private organization, they do not have any technical abilities to charge you with a crime. However, the organization does work hand-in-hand with the SEC and FBI in a variety of situations. In these situations, they may be able to pass on all of their work completed to the federal organization. If you are guilty of one of these crimes, you could also be facing serious penalties and possibly imprisonment. Because of this, it is almost always ideal to find a way to work the situation out with FINRA.
If you are charged with a violation by FINRA, you should always consider hiring an attorney to provide you with the necessary support that you need. A FINRA Disciplinary Action Lawyer will be able to provide you with a variety of services to ensure that you are properly represented. This process can include working with FINRA to ensure that a fair settlement is provided. If you go through the hearing process, the attorney will be able to work with the committee to make it as painless as possible. This will also include making sure that you receive a fair judgment. If necessary, your lawyer will be able to provide you with services to appeal the hearing committee’s decision to ensure your rights are properly represented.