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 6, 1999||C8B970010||District Business Conduct Committee For District No. 8, Complainant, vs. Respondent 1||Disciplinary Decision, Redacted Decision|
|Oct 2, 2008||2005001819101||Domestic Securities Inc.||Disciplinary Decision|
|Jan 13, 1999||C10970003||Donald Clyde Bozzi||Disciplinary Decision|
|Nov 3, 1998||C05930020||Donald R. Gates||Disciplinary Decision|
|Oct 5, 2016||FPI160009||Donald Shelby Toomer||Expedited Decision|
|Jan 20, 1998||C02960031||Donna R. Roach||Disciplinary Decision|
|Jul 10, 2007||E9A2004001901||Douglas J. Toth||Disciplinary Decision|
|Jul 27, 2007||E9A2004001901||Douglas J. Toth||Disciplinary Decision|
|Jul 29, 1998||C10960162||Douglas John Mangan||Disciplinary Decision|
|Jun 5, 2019||2017053428201||APPEALED: DreamFunded Marketplace, LLC and Manuel Fernandez||Disciplinary Decision|
|Dec 12, 2005||C07040077||Dulce Maria Salaverria||Disciplinary Decision|
|Oct 22, 2015||20100215720-01||eBX, LLC||Disciplinary Decision|
|Nov 8, 2017||2014040809501||Eddie Basora, Jr.||Disciplinary Decision|
|Jul 31, 2017||2015044823501 & 2015044823502||APPEALED: Edward Beyn, Craig Scott Taddonio, and Brent Morgan Porges||Disciplinary Decision|
|Sep 14, 2012||2007007792902||Edward S. Brokaw||Disciplinary Decision|
|Jun 12, 1998||C9B950010||Eliezer Gurfel||Disciplinary Decision|
|Jul 30, 2004||C06020003||Eric H. Dieffenbach and Michel A. Rooms||Disciplinary Decision|
|Dec 31, 1997||C07930034||Escalator Securities, Inc., & Howard A. Scala||Disciplinary Decision|
|Feb 19, 1998||C07930034||Escalator Securities, Inc., & Howard A. Scala||Disciplinary Decision|
|Dec 31, 2013||2008011675301||Extended Hearing Panel Decision in Department of Enforcement v. Timothy B. Ruggiero||Disciplinary Decision|
|May 31, 2012||2007011413501||Extended Hearing Panel Decision in Department of Enforcement v. Brookstone Securities, Inc., Antony Lee Turbeville, Christopher Dean Kline, and David William Locy||Disciplinary Decision|
|Apr 4, 2012||20050007427||Extended Hearing Panel Decision in Department of Enforcement v. David Lerner Associates, Inc. and William Mason||Disciplinary Decision|
|Jun 11, 2010||2007007792902||Extended Hearing Panel Decision in Department of Enforcement v. Edward S. Brokaw||Disciplinary Decision|
|Jan 26, 2011||2006004122402||Extended Hearing Panel Decision in Department of Enforcement v. Hedge Fund Capital Partners LLC and Howard G. Jahre||Disciplinary Decision|
|Aug 11, 2014||2009019042402||Extended Hearing Panel Decision in Department of Enforcement v. James E. Rooney, Jr.||Disciplinary Decision|