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|
|Sep 5, 2017||2016051925301||Order Granting Motion Regarding Witness Sequestration||Disciplinary Order|
|Sep 5, 2017||2016051925301||Order Granting Motion to Permit Witness Counsel to be Present During Testimony||Disciplinary Order|
|Aug 25, 2017||ARB170007||Timothy S. Fannin||Expedited Decision|
|Aug 22, 2017||2015047303901||Case Management and Scheduling Order||Disciplinary Order|
|Aug 16, 2017||2014043020901||Matthew J. Dodds||Disciplinary Decision|
|Aug 9, 2017||2015044782401||Case Management and Scheduling Order||Disciplinary Order|
|Aug 3, 2017||2012030527503||APPEALED: Thaddeus James North||Disciplinary Decision|
|Aug 2, 2017||2014042690502||Stephen Brown and James Goetz||Disciplinary Decision|
|Jul 31, 2017||2015044823501 & 2015044823502||APPEALED: Edward Beyn, Craig Scott Taddonio, and Brent Morgan Porges||Disciplinary Decision|
|Jul 27, 2017||SD-2130||APPEALED: Robert J. Escobio||Statutory Disqualification, Denials|
|Jul 27, 2017||2013035345701||Order Denying Motion For Dismissal||Disciplinary Order|
|Jul 24, 2017||20120320803-01||Shiva Naby||Disciplinary Decision|
|Jul 24, 2017||2012034719701||APPEALED: Paul E. Taboada||Disciplinary Decision|
|Jul 20, 2017||2015044444801||Glenn Robert King||Disciplinary Decision|
|Jul 20, 2017||2012034936005||David Joseph Escarcega||Disciplinary Decision|
|Jul 20, 2017||2011025675501r||APPEALED: Kimberly Springsteen-Abbott||Disciplinary Decision|
|Jul 14, 2017||2014042156101||William Morgan Ditty||Disciplinary Decision|
|Jul 10, 2017||2015044489701||Kory Penland Keath||Disciplinary Decision|
|Jun 20, 2017||2014041724601||APPEALED: Scottsdale Capital Advisors Corporation, John J. Hurry, Timothy B. Diblasi, and D. Michael Cruz||Disciplinary Decision|
|Jun 16, 2017||SD-2154||James H. Dean with American Portfolios Financial Services, Inc.||Statutory Disqualification, Approvals|
|Jun 16, 2017||2013037709301||Order Establishing Procedures Regarding Treatment of SAR Information||Disciplinary Order|
|Jun 12, 2017||DFC170003||Order Dismissing Request for Hearing||Expedited Order|
|Jun 2, 2017||2014039091903||Richard Lim||Disciplinary Decision|
|May 30, 2017||2014039839101||APPEALED: Jim Jinkook Seol||Disciplinary Decision|
|May 26, 2017||2011027666902||APPEALED: Merrimac Corporate Securities, Inc., and Robert G. Nash||Disciplinary Decision|