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.
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||Type|
|Jul 30, 2019||2016049085401||Robert Charles McNamara||Disciplinary Decision|
|Jul 26, 2019||2015045254501||Richard O. White||Disciplinary Decision|
|Jul 11, 2019||2017052760001||APPEALED: Nancy Kimball Mellon||Disciplinary Decision|
|Jun 14, 2019||2015047005801||APPEALED: Brian Colin Doherty||Disciplinary Decision|
|Jun 5, 2019||2017053428201||APPEALED: DreamFunded Marketplace, LLC and Manuel Fernandez||Disciplinary Decision|
|May 23, 2019||2014039285401||APPEALED: Southeast Investments, N.C., Inc. and Frank Harmon Black||Disciplinary Decision|
|May 22, 2019||2012030738501||APPEALED: J. W. Korth & Company||Disciplinary Decision|
|May 15, 2019||2015048362402||John Anthony Vedovino||Disciplinary Decision|
|May 15, 2019||2016052347901||Austin Wayne Morton||Disciplinary Decision|
|May 8, 2019||2016050938301||APPEALED: Michael J. Clarke||Disciplinary Decision|
|May 2, 2019||SD-2140||Stifel, Nicolaus & Co., Inc.||Statutory Disqualification|
|Apr 11, 2019||2016050025401||Frederick David Holloway||Disciplinary Decision|
|Apr 5, 2019||2016049565901||APPEALED: Glendale Securities, Inc., George Alberto Castillo, Paul Eric Flesche, Albert Raymond Laubenstein, Jose Miguel Abadin, and Huanwei Huang||Disciplinary Decision|
|Mar 21, 2019||2016052104101||APPEALED: Devin Lamarr Wicker||Disciplinary Decision|
|Mar 18, 2019||2016047565702||APPEALED: Dakota Securities & Bruce Zipper||Disciplinary Decision|
|Mar 15, 2019||SD-2195||Scott Coy||Statutory Disqualification, Denials|
|Mar 11, 2019||2010022977801r||APPEALED: David B. Tysk||Disciplinary Decision|
|Mar 7, 2019||SD-2148||Guy Wyser-Pratte||Statutory Disqualification, Denials|
|Mar 5, 2019||2014039839101||Jim Jinkook Seol||Disciplinary Decision|
|Mar 5, 2019||2013035345701||APPEALED: Titan Securities, Brad Brooks and Richard Demetriou||Disciplinary Decision|
|Feb 7, 2019||ARB180031||Robert Jay Pincus||Expedited Decision|
|Jan 29, 2019||2015044823501, 2015044823502||APPEALED: Craig Scott Taddonio, Brent Morgan Porges, Edward Beyn||Disciplinary Decision|
|Jan 29, 2019||2014042606902||APPEALED: Silver Leaf Partners, LLC||Disciplinary Decision|
|Jan 29, 2019||2014043863001||APPEALED: Peter Orlando||Disciplinary Decision|
|Jan 25, 2019||ARB180037||Order Denying Motion to Dismiss;||Expedited Order|