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|
|Dec 21, 2017||2011027007901||Shashishekhar Doni||Disciplinary Decision|
|Apr 18, 2016||2011027007901||APPEALED: Shashishekhar Doni||Disciplinary Decision|
|Mar 17, 2015||2011027271901||Richard Blair||Disciplinary Decision|
|Nov 3, 2014||20110273503||Richard A. McGuire||Disciplinary Decision|
|Dec 17, 2015||20110273503||Richard A. McGuire||Disciplinary Decision|
|Aug 5, 2014||2011027402201||CALLED FOR REVIEW: Raymond Thomas Clark||Disciplinary Decision|
|Jul 3, 2014||20110275168-01||Hearing Panel Decision in Department of Market Regulation v. Jonathan Kohanof||Disciplinary Decision|
|May 26, 2017||2011027666902||APPEALED: Merrimac Corporate Securities, Inc., and Robert G. Nash||Disciplinary Decision|
|Mar 31, 2015||2011027666902||APPEALED: Merrimac Corporate Securities, Inc. and Robert Nash||Disciplinary Decision|
|May 18, 2015||20110279263-01||APPEALED: Matthew Joseph Sheerin||Disciplinary Decision|
|Mar 13, 2017||2011027926301||Matthew Joseph Sheerin||Disciplinary Decision|
|Apr 23, 2014||2011027993301||Hearing Panel Decision in Department of Enforcement v. Michael Earl McCune||Disciplinary Decision|
|Jul 27, 2015||2011027993301||APPEALED: Michael Earl McCune||Disciplinary Decision|
|May 27, 2014||2011028003001||Hearing Panel Decision in Department of Enforcement v. Ashik Akberali Kapasi||Disciplinary Decision|
|Apr 29, 2014||2011028061001||Hearing Panel Decision in Department of Enforcement v. Keilen Dimone Wiley||Disciplinary Decision|
|Feb 27, 2015||2011028061001||APPEALED: Keilen Dimone Wiley||Disciplinary Decision|
|Jul 19, 2016||2011028502101||North Woodward Financial Corp. and Douglas A. Troszak||Disciplinary Decision|
|May 16, 2014||2011028502101||Hearing Panel Decision in Department of Enforcement v. North Woodward Financial Corp. and Douglas A. Troszak||Disciplinary Decision|
|Jan 20, 2015||2011028647101||John Carris Investments, LLC, George Carris, Andrey Tkatchenko, Jason Barter, and Randy Heckler||Disciplinary Decision|
|Feb 21, 2014||2011029152401||William Bruce Smith||Disciplinary Decision|
|Feb 19, 2013||2011029152401||Hearing Panel Decision in Department of Enforcement v. William B. Smith||Disciplinary Decision|
|Jan 21, 2014||2011029227701||Hearing Panel Decision in Department of Enforcement v. Kam Poi Yee||Disciplinary Decision|
|Mar 17, 2017||2011029549201||Craig G. Langweiler||Disciplinary Decision|
|Jan 23, 2014||2011029619301||Hearing Panel Decision in Department of Enforcement v. Kenny Akindemowo||Disciplinary Decision|
|Dec 29, 2015||2011029619301||APPEALED: Kenny Akindemowo||Disciplinary Decision|