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|
|Aug 12, 1998||CAF980014||Order Denying Motion to Disqualify as Premature||Disciplinary Order|
|Aug 17, 1998||C07970022||Allen R. Prewitt||Disciplinary Decision|
|Aug 21, 1998||CO5970035||Hearing Panel Decision||Redacted Decision|
|Aug 25, 1998||C07960069||Steven A. Kirschbaum||Disciplinary Decision|
|Aug 26, 1998||CMS970026||Hearing Panel Decision in Department of Enforcement v. Olde Discount Corporation and Todd Thomas Wodek||Disciplinary Decision|
|Sep 11, 1998||C10970029||John M. Columbia||Disciplinary Decision|
|Sep 14, 1998||C07960096||Hunter International Securities, Inc., & Louis N. Nizza, Jr.||Disciplinary Decision|
|Sep 16, 1998||C9A970045||Order Denying Motion for Entry of Default Decision||Disciplinary Order|
|Sep 18, 1998||C05960074||In the Matter of District Business Conduct Committee For District No. 5 Complainant, vs. Respondent||Disciplinary Decision, Redacted Decision|
|Oct 2, 1998||CAF970011||Order Denying Motions for Interlocutory Appeal and to Reconsider Denial of Motion to Stay the Proceeding||Disciplinary Order|
|Oct 2, 1998||CAF980022||Order Denying in Part and Granting in Part Enforcement's Motion to Strike Affirmative Defenses and Denying Motion to Dismiss||Disciplinary Order|
|Oct 7, 1998||C06980001||Order and Decision Granting Enforcement's Motion for Summary Disposition in Department of Enforcement v. Blake Vincent High||Disciplinary Decision|
|Oct 13, 1998||C8A960052||In the Matter of District Business Conduct Committee For District No. 8, Complainant, vs. Respondent 1 and Respondent 2||Disciplinary Decision, Redacted Decision|
|Oct 14, 1998||CMS920005||John Roger Faherty & Nianne A. Norris||Disciplinary Decision|
|Oct 15, 1998||C07970006||Joseph G. Chiulli||Disciplinary Decision|
|Oct 20, 1998||C10970176||Hearing Panel Decision in Department of Enforcement v. Robert FitzPatrick||Disciplinary Decision|
|Oct 22, 1998||C07960105||Wayne B. Vaughan||Disciplinary Decision|
|Oct 22, 1998||C8A960081||In the Matter of District Business Conduct Committee For District No. 8, Complainant, vs. Respondent Firm 1 and Respondent 2||Disciplinary Decision, Redacted Decision|
|Oct 22, 1998||C9A960029||Pamela A. Hartsock||Disciplinary Decision|
|Oct 22, 1998||C9A960029||In the Matter of District Business Conduct Committee For District No. 9, Complainant, vs. Respondent 1||Disciplinary Decision, Redacted Decision|
|Oct 22, 1998||C8A970040||Herbert L. Davis, Jr.||Disciplinary Decision|
|Oct 23, 1998||C06980015||Order Denying Motion to Stay Proceeding||Disciplinary Order|
|Oct 26, 1998||C3A980027||Order Granting Complainant's Motion for Leave to Offer Telephone Testimony||Disciplinary Order|
|Oct 29, 1998||C3B980006||Hearing Panel Decision in Department of Enforcement v. Carlton Case Ellis||Disciplinary Decision|
|Nov 3, 1998||C05930020||Donald R. Gates||Disciplinary Decision|