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|
|July 27, 2017||SD-2130||APPEALED: Robert J. Escobio||Statutory Disqualification, Denials|
|July 27, 2017||2013035345701||Order Denying Motion For Dismissal||Disciplinary Order|
|July 24, 2017||2012034719701||APPEALED: Paul E. Taboada||Disciplinary Decision|
|July 24, 2017||20120320803-01||Shiva Naby||Disciplinary Decision|
|July 20, 2017||2012034936005||David Joseph Escarcega||Disciplinary Decision|
|July 20, 2017||2011025675501r||APPEALED: Kimberly Springsteen-Abbott||Disciplinary Decision|
|July 20, 2017||2015044444801||Glenn Robert King||Disciplinary Decision|
|July 14, 2017||2014042156101||William Morgan Ditty||Disciplinary Decision|
|July 10, 2017||2015044489701||Kory Penland Keath||Disciplinary Decision|
|June 20, 2017||2014041724601||APPEALED: Scottsdale Capital Advisors Corporation, John J. Hurry, Timothy B. Diblasi, and D. Michael Cruz||Disciplinary Decision|
|June 16, 2017||2013037709301||Order Establishing Procedures Regarding Treatment of SAR Information||Disciplinary Order|
|June 16, 2017||SD-2154||James H. Dean with American Portfolios Financial Services, Inc.||Statutory Disqualification, Approvals|
|June 12, 2017||DFC170003||Order Dismissing Request for Hearing||Expedited Order|
|June 02, 2017||2014039091903||Richard Lim||Disciplinary Decision|
|May 30, 2017||2014039839101||APPEALED: Jim Jinkook Seol||Disciplinary Decision|
|May 26, 2017||2011027666902||APPEALED: Merrimac Corporate Securities, Inc., and Robert G. Nash||Disciplinary Decision|
|May 26, 2017||2014040295201||Carolina Financial Securities, LLC, and Bruce Victor Roberts||Disciplinary Decision|
|May 25, 2017||2015047154001||Case Management and Scheduling Order||Disciplinary Order|
|May 17, 2017||2012035284301||APPEALED: Richard A. McCollam||Disciplinary Decision|
|May 16, 2017||SD-2103||Marc N. Jaffe as a General Securities Representative with Integrity Brokerage Services, Inc.||Statutory Disqualification, Denials|
|May 12, 2017||2013035130101||APPEALED: Cantone Research, Inc., Anthony Cantone, and Christine Cantone||Disciplinary Decision|
|May 12, 2017||2012034936101||Jeffrey D. Noard||Disciplinary Decision|
|May 03, 2017||2014043001601||APPEALED: Allen B. Holeman||Disciplinary Decision|
|April 21, 2017||2012032019101||Order Granting in Part and Denying in Part Respondents’ Motion Pursuant to FINRA Rules 8210 and 9252.||Disciplinary Order|
|April 11, 2017||2014042524301||Order Regarding Respondent’s Interrogatories, Requests for Production of Documents, and Requests for Admissions||Disciplinary Order|