Adjudication and Decisions

When FINRA determines that violations of securities rules have occurred and formal disciplinary action is necessary, the Enforcement Department or Market Regulation Department files a complaint with the Office of Hearing Officers (OHO).

The Office arranges a three-person panel to hear the case. The panel is chaired by a hearing officer who is an employee of the Office of Hearing Officers. The Chief Hearing Officer appoints two industry panelists, drawn primarily from a pool of current and former securities industry members of FINRA’s District Committees, as well as its Market Regulation Committee, former members of FINRA’s National Adjudicatory Council (NAC) and former FINRA Governors.

At the hearing, the parties present evidence for the panel to determine whether a firm or individual has engaged in conduct that violates FINRA rules, SEC regulations or federal securities laws. In reaching its decision, the hearing panel also considers previous court, SEC, and NAC decisions to determine if violations occurred. The NAC is the national committee which reviews initial decisions rendered in FINRA disciplinary and membership proceedings.

For each case, the hearing panel will issue a written decision explaining the reasons for its ruling and consult the FINRA Sanction Guidelines to determine the appropriate sanctions if violations have occurred. FINRA also, when feasible and appropriate, can order firms and individuals to make restitution to harmed customers.

Appeals Process

Under FINRA’s disciplinary procedures, a firm or individual has the right to appeal a hearing panel decision to the NAC, or the NAC may on its own initiate a review of a decision. On appeal, the NAC will determine if a hearing panel’s findings were legally correct, factually supported and consistent with FINRA’s Sanction Guidelines. While a panel decision is on appeal, the sanction is not enforced against the firm or individual.

Unless FINRA’s Board of Governors decides to review the NAC’s appellate decision, that decision represents FINRA’s final action. A firm or individual can appeal FINRA’s decision to the SEC and then to federal court.

Date of Decision Proceeding No. Title Deciding Body Type Order No.
Apr 2, 2015 2013036217601 Order Granting In Part and Denying In Part Enforcement’s Motion for Partial Summary Disposition Office of Hearing Officers (OHO) Disciplinary Order 15-07
Mar 30, 2015 2011025785602 Anthony Warren Thompson and TNP Securities, LLC Office of Hearing Officers (OHO) Disciplinary Decision
Mar 19, 2015 20100215720-01 Order Denying Respondent’s Motion for Permission to Seek Additional Party Discovery Disciplinary Order 15-06
Mar 18, 2015 DFC140002 Order Granting Complainant’s Motion to Dismiss Hearing Request Office of Hearing Officers (OHO) Disciplinary Order 15-01
Mar 16, 2015 2006006705601r John M.E. Saad National Adjudicatory Council (NAC) Disciplinary Decision
Mar 9, 2015 2011025899601 David and Sian Harari National Adjudicatory Council (NAC) Disciplinary Decision
Mar 3, 2015 20110269351 John Cherry, III National Adjudicatory Council (NAC) Disciplinary Decision
Feb 27, 2015 2011028061001 Keilen Dimone Wiley National Adjudicatory Council (NAC) Disciplinary Decision
Feb 23, 2015 2010024522103 Order Denying Respondents’ Motion Pursuant to Rule 9251 Office of Hearing Officers (OHO) Disciplinary Order 15-02
Feb 13, 2015 2013036217601 Order Granting in Part and Denying in Part Enforcement’s Motion to Compel Respondent’s Compliance with a Post-Complaint Rule 8210 Request for Testimony Office of Hearing Officers (OHO) Disciplinary Order 15-03
Feb 3, 2015 2011025706401 Order Granting Department of Enforcement’s Motion for Leave to Offer Expert Testimony Office of Hearing Officers (OHO) Disciplinary Order 15-04
Jan 27, 2015 2012034936005 Order Denying Respondent’s Motion to Compel Production of Documents and Rule 9252 Motion Office of Hearing Officers (OHO) Disciplinary Order 15-05
Jan 9, 2015 20120334673-01 Department of Enforcement v. John Thomas Financial, Inc. Office of Hearing Officers (OHO) Disciplinary Decision
Dec 30, 2014 2009020941801 Appealed:Lek Securities Corporation and Samuel Frederik Lek Office of Hearing Officers (OHO) Disciplinary Decision
Dec 30, 2014 20080148227-02 Order Granting, in Part, and Denying in Part, Respondents 1, 4, 2’s Motions for More Definite Statement and Denying Respondent 3’s Motion for More Definite Statement Office of Hearing Officers (OHO) Disciplinary Order 14-09
Dec 30, 2014 2011028647101 John Carris Investments, LLC, George Carris, Andrey Tkatchenko, Jason Barter, and Randy Heckler Office of Hearing Officers (OHO) Disciplinary Decision
Dec 29, 2014 2009019108901 Appealed:William Scholander and Talman Harris National Adjudicatory Council (NAC) Disciplinary Decision, Redacted Decision
Dec 22, 2014 2012034389202 Appealed:Bernard G. McGee Office of Hearing Officers (OHO) Disciplinary Decision
Dec 18, 2014 SD1904 J.P. Morgan Securities, LLC National Adjudicatory Council (NAC) Statutory Disqualification, Approvals
Dec 11, 2014 SD-1997 Appealed:Ronald M. Berman National Adjudicatory Council (NAC) Statutory Disqualification, Denials
Dec 11, 2014 2011025957702 Gary Giblen National Adjudicatory Council (NAC) Disciplinary Decision
Dec 11, 2014 20070094044 Appealed:Wedbush Securities, Inc. and Edward William Wedbush National Adjudicatory Council (NAC) Disciplinary Decision
Dec 10, 2014 2011026386001 Order Appointing Replacement Hearing Officer, Amending Caption, and Setting Hearing Dates Office of Hearing Officers (OHO) Disciplinary Order 14-08
Dec 8, 2014 2011030781201 Order (1) Denying Respondent’s Motion to Dismiss, (2) Granting in Part Enforcement’s Motion to Strike, and (3) Directing Respondent to File an Amended Answer Office of Hearing Officers (OHO) Disciplinary Order 14-07
Dec 2, 2014 2012030570301 Calvin B. Grigsby Office of Hearing Officers (OHO) Disciplinary Decision

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