Adjudications & Decisions
When FINRA determines that violations of securities rules have occurred and formal disciplinary action is necessary, the Enforcement 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.
Appeals Process
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.
View All Adjudications & Decisions
Date of Decision | Proceeding No. | Title | Type |
---|---|---|---|
December 19, 2019 | 2012032731802 | APPEALED: Wilson-Davis & Co., Inc., James C. Snow, and Byron B. Barkley | Disciplinary Decision |
December 19, 2019 | 2017055608101 | APPEALED: Kapil Maheshwari | Disciplinary Decision |
December 19, 2019 | SD-2246 | Banca IMI Securities Corp. | Statutory Disqualification, Approvals |
December 17, 2019 | SD-2121 | Interactive Brokers LLC | Statutory Disqualification, Approvals |
December 17, 2019 | 2016051493704 | APPEALED: Jorge A. Reyes | Disciplinary Decision |
December 16, 2019 | 2015045456401 | David O. Braeger | Disciplinary Decision |
December 11, 2019 | 2015046631101 | Robert R. Tweed | Disciplinary Decision |
December 11, 2019 | SD-2186 | Joseph Campo with Moelis & Company, LLC | Statutory Disqualification, Approvals |
December 10, 2019 | 2013035865303 | Spencer Edwards, Inc. | Disciplinary Decision |
December 05, 2019 | 2015045257501 | Order Granting Motion to Withhold Certain Emails | Disciplinary Order |
November 29, 2019 | 2017054405401 | Order Granting Enforcement’s Motion in Limine | Disciplinary Order |
November 11, 2019 | ARB190024 | Jonathan R. Lake | Expedited Decision |
November 06, 2019 | 2018059510201 | Case Management and Scheduling Order | Disciplinary Order |
November 05, 2019 | 2017053549901 | Michael R. Minghenelli | Disciplinary Decision - Default |
November 01, 2019 | FPI190006 | KJM Securities | Expedited Decision |
October 21, 2019 | SD-2230 | Arthur W. Lewis with A.G.P. Alliance Global Partners | Statutory Disqualification, Approvals |
October 04, 2019 | 2018056934901 | Andrew P. Yoro | Disciplinary Decision - Default |
October 04, 2019 | FPI190006 | Order Permitting Parties To Oppose Or Otherwise Comment Upon The Hearing Officer’s Proposal To Take Official Notice | Expedited Order |
October 02, 2019 | 2014040476901 | C.L. King & Associates, Inc. and Gregg Alan Miller | Disciplinary Decision |
October 02, 2019 | 2016048837401 | Order Establishing Procedures Regarding Treatment of SAR Information | Disciplinary Order |
September 30, 2019 | 2016050924601 | Bradley C. Reifler | Disciplinary Decision |
September 27, 2019 | 2017055553002 | Oscar Nunez | Disciplinary Decision - Default |
September 19, 2019 | 2016049321302 | Order Granting Consent Motion to Sequester | Disciplinary Order |
September 18, 2019 | 2015047682402 | Dawn Bennett | Disciplinary Decision - Default |
September 12, 2019 | 2018059545201 | Case Management and Scheduling Order | Disciplinary Order |