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FINRA Enforcement Defense Lawyer

March 21, 2024 Uncategorized

FINRA is an independent body that regulates the financial markets. It protects the interests of investors by ensuring that actors in the financial markets such as financial advisors and broker-dealers are fair in their dealings. They also ensure compliance with the rules set by other regulatory bodies. FINRA has the power to launch disciplinary proceedings against individuals and brokerage firms. It then imposes severe penalties on those found guilty of non-compliance. The penalties can be in the form of fines, suspension, or even a permanent ban from the industry.

Due to the severity penalties, full compliance with the set regulations should be a priority for every broker and firm. At Farar & Lewis LLP, we have a team of dedicated FINRA compliance defense lawyers. Having been in the industry for many years, the attorneys understand FINRA regulations in and out. Furthermore, they have helped many clients achieve full FINRA compliance. They will take time to evaluate your day to day activities and point out the actions that are likely to put you on FINRA’s radar. Besides that, when FINRA investigators come knocking, our team of no-nonsense lawyers will defend you with conviction and passion.

There are many reasons why FINRA investigators would want to review your conduct. These reasons include complaints from customers, tips from other industry players, referrals from employers or regulatory bodies, and surveillance reports. FINRA conducts disciplinary procedures through settlements or formal complaints. In the case of a settlement, the broker or firm solves the case through a letter of waiver, consent, or acceptance. Formal complaints are heard before a bench of FINRA officers. The accused brokers are given a chance to defend themselves after which the FINRA bench pronounces its verdict. Last year, FINRA initiated more than 1300 cases. The cases resulted in $133.6 million in reimbursements to affected investors.

Both formal complaints and settlements can have favorable and unfavorable outcomes. Before deciding the way to go, it is advisable to contact a FINRA compliance defense lawyer. These lawyers know the circumstances under which each of the methods is suitable.

More about FINRA

FINRA was commissioned by Congress to minimize fraud in the securities markets by monitoring the activities of brokers and brokerage firms. Today, FINRA oversees over 630,000 brokers and 3,900 brokerage firms. It also analyzes more than 50 Billion financial transactions every day. Every broker who eyes the USA market must register with FINRA.

To ensure fairness and integrity in the securities market, FINRA makes and enforces rules that govern broker-investor deals. It is also involved in assessing and licensing brokers.

Where to find FINRA compliance lawyers

You can contact Farar & Lewis LLP for blue-ribbon FINRA compliance legal services. Our services include

  • Providing SEC and FINRA compliance recommendations
  • Arbtration in FINRA disputes
  • Handling FINRA and SEC compliance assessments and enforcement measured
  • Dratfting and reviewing critical documents such as letters of waiver and promissory notes
  • Handling of FINRA registration and disqualification cases
  • Defending brokers facing CFP board inquiries
  • Defense of SEC examination and enforcement measures
  • Expungment of negative disclosures from Form U4/U5/BD
  • Going through client advisory agreements
  • Helping brokers in moving from one brokerage firm to the other

FINRA Enforcement Defense Lawyer

FINRA is an agency charged with making sure that all Wall Street transactions are conducted ethically. Wall Street is not just for a handful of Americans. Americans all over the world count on Wall Street officials to grow their savings. People turn to experts here to help them accomplish many of their life goals. For example, someone wants to retire. They want to travel and see the world. Another person may want to help their children and grandchildren get a good start in life. Many people will save for years in order to afford the things they want to do in life. They need to make sure that their savings grow as they march across the years. They also need to make sure that their savings will not be lost. Wall Street officials also want to make sure that people feel confident about the American stock market. Confident investors are those who understand the market is carefully policed. They expect that all transactions will be conducted transparently. They also expect that any transgressions will be punished appropriately.

The Agency’s Powers

Given the importance of what they do, it is not surprising that FINRA has vast powers. The lawyers and other staffers at FINRA are entrusted with making sure that workers on Wall Street adhere to the highest possible ethical standards. A mere hint of impropriety can literally lead to a loss of confidence and a loss of value. This is why they look closely at any complaints that might be filed against members. It’s also why they make sure that any complaints are fully investigated. All possible questions of malfeasance are taken seriously. Staffers are given the power to find out if someone has engaged in illegal behavior. They are also given the power to clear someone’s name if an allegation has been made. All allegations are given the full weight of law. If a problem has been found, they are further given the power to take all kinds of actions. A staffer may choose to let the matter drop if they feel there isn’t even enough evidence. They are also given the power to report problems to other agencies for possible penalties that may include actual prison time.

Potential Investigations

Creating a defense is extremely important. The securities market plays a huge role in American life. Vigorous and effective enforcement of all laws related to securities law is one of the many aims of FINRA. FINRA officials can choose to suspend brokers temporarily from the industry. They can also take steps to bar both firms and individual brokers from the system. Formal disciplinary measures are possible. Enforcement means that officials collaborate in investigating all those who are suspected of any rule violations. These may be found during the course of firm examinations, or after customer complaints. Should there be an issue, action may be taken. Members may be subject to a disciplinary hearing that can have serious repercussions. A professional hearing officer will be in charge of hearing the case.

Taking Disciplinary Action

The agency can take action through two different procedures. Each one has the potential to create problems. There’s a settlement or what is known as a formal complaint. Under these two issues, the agency has wide discretion. Choosing a settlement means that the person or the company agrees that at least some ethical violations happened during the course of the business on Wall Street. This form of admission of problems may or may not have long-term consequences. Formal complaints can be filed by many people including clients and other firms. These complaints are complaints that will typically be heard by a panel of experts. This three person panel consists of two industry experts as well as the hearing officer. Each person or any firm should hire legal counsel. An enforcement defense lawyer can help with many kinds of aspects of any case. If company officials need to appear in front of a panel, they can help them with the preparation for such hearings. They can also help mount a defense in the event of any further actions by FINRA. Good legal counsel can make the difference and make sure all laws are cases are justly resolved.

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