Adjudication & 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|
|December 18, 2000||C10990014||Stephen Earl Prout||Disciplinary Decision|
|December 06, 2000||CAF980002||Hearing Panel Decision as to Respondents John Fiero and Fiero Brothers, Inc.||Disciplinary Decision|
|November 17, 2000||C10990024||Averell Golub||Disciplinary Decision|
|November 16, 2000||C11970032||Daniel Richard Howard||Disciplinary Decision|
|November 16, 2000||C3A990050||Jim Newcomb||Disciplinary Decision|
|November 15, 2000||C3A990067||Hearing Panel Decision as to Respondent||Redacted Decision|
|November 13, 2000||C10970176||Robert Fitzpatrick||Disciplinary Decision|
|November 06, 2000||C05990035||Hearing Panel Decision on Remand in Department of Enforcement v. John Lawson Greer, III||Disciplinary Decision|
|November 06, 2000||C8A980059||In the Matter of Department of Enforcement, Complainant v. Respondent 1 and Respondent 2||Disciplinary Decision, Redacted Decision|
|October 20, 2000||C10990121||Majority Hearing Panel Decision in Department of Enforcement v. Nelson C. Onyejiaka - Dissent Attached||Disciplinary Decision|
|October 16, 2000||C05940077||John P. Goldsworthy||Disciplinary Decision|
|October 10, 2000||CAF000030||Order Granting Enforcement's Motion for Leave to Withhold from Production Certain Documents and Granting Other Relief||Disciplinary Order|
|October 09, 2000||C07000023||Pre-Hearing Order||Disciplinary Order|
|October 06, 2000||C9B000013||Order Denying Respondent's Motion for Leave to Offer Expert Witness Testimony||Disciplinary Order|
|October 05, 2000||C05000021||Order Granting Complainant's Motion for Leave to Offer Telephone Testimony and to Allow Witness to be Assisted by (Remote) Interpreter||Disciplinary Order|
|October 03, 2000||C3A990031||Hearing Panel Decision in Department of Enforcement v. Charles W. Testino||Disciplinary Decision|
|September 28, 2000||C10000140||Order Denying Motion for More Definite Statement||Disciplinary Order|
|September 25, 2000||C8A990081||Hearing Panel Decision in Department of Enforcement v. James B. Chase||Disciplinary Decision|
|September 19, 2000||C10990212||Order Denying Enforcement's Motion for Partial Summary Disposition Against Respondent||Disciplinary Order|
|September 13, 2000||CAF990018||Hearing Panel Decision in Department of Enforcement v. Premier Capital Management, Bryan James O'Leary, and Ryan Mark Reynolds||Disciplinary Decision|
|September 06, 2000||C8A000019||Order Convening Settlement Conference||Disciplinary Order|
|September 05, 2000||C05000002||Hearing Panel Decision in Department of Enforcement v. Richard A. Frondorf||Disciplinary Decision|
|September 05, 2000||C05990026||Hearing Panel Decision in Department of Enforcement v. Christopher M. Block, Jeffrey S. Burke, and Jennifer L. Gonzalez||Disciplinary Decision|
|September 01, 2000||C8A990017||David L. Foran||Disciplinary Decision|
|August 28, 2000||C02990022||Hearing Panel Decision in Department of Enforcement v. Joseph Gaetano Gerace||Disciplinary Decision|