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|
|January 29, 2016||2014040295201||Order Denying Respondents’ Motion for Expert Testimony||Disciplinary Order|
|January 28, 2016||2015044379701||Order Denying Motion to Dismiss||Disciplinary Order|
|January 20, 2016||2015044960501||Order Denying Motion to Admit Newly Discovered Evidence, dated January 20, 2016.||Disciplinary Order|
|January 15, 2016||2012033362101||APPEALED: Thomas Edmund Connors||Disciplinary Decision|
|December 29, 2015||2011029619301||APPEALED: Kenny Akindemowo||Disciplinary Decision|
|December 22, 2015||2010025350001||Roric E. Griffith||Disciplinary Decision|
|December 22, 2015||2014040968501||Order Granting in Part and Denying in Part Enforcement's Motion in Limine to Preclude the Respondent from Introducing Testimony and Evidence at the Hearing||Disciplinary Order|
|December 18, 2015||ARB150039||Order Dismissing Expedited Proceeding Pursuant to FINRA Rule 9559(m)||Expedited Order|
|December 18, 2015||2012034393801||APPEALED: Aon D. Miller||Disciplinary Decision|
|December 17, 2015||2010024889501||William B. Fretz, Jr, John P. Freeman and The Keystone Equities Group, LP||Disciplinary Decision|
|December 17, 2015||20110273503||Richard A. McGuire||Disciplinary Decision|
|December 17, 2015||2010025181001||APPEALED: John Vincent Ballard||Disciplinary Decision|
|December 03, 2015||ARB150048||Order Granting Complaint’s Motion for an Order Pursuant to Rule 9559(m) and Deeming September 15, 2015 Notice of Suspension Final FINRA Action||Expedited Order|
|December 01, 2015||2010025087302||APPEALED: Thaddeus J. North||Disciplinary Decision|
|November 30, 2015||SD-MCDC-049 et al.||Comerica Securities, Inc., Crews & Associates, Inc., Northland Securities, Inc., PNC Capital Markets LLC||Statutory Disqualification, Approvals|
|November 30, 2015||SD-MCDC-046 et al.||Ameritas Investment Corp., Duncan-Williams, Inc., Estrada Hinojosa & Company, Inc., Fifth Third Securities, Inc., The Frazer Lanier Company, Inc., Joe Jolly & Co., Inc., NW Capital Markets, Inc., Prager & Co., LLC, Ross, Sinclaire & Associates, LLC||Statutory Disqualification, Approvals|
|November 30, 2015||SD-MCDC-036 et al.||J.J.B Hilliard, W.L. Lyons, LLC, Mesirow Financial, Inc., BB&T Securities, LLC, Edward D. Jones & Co., L.P., UBS Financial Services Inc.||Statutory Disqualification, Approvals|
|November 18, 2015||2014040651301||Yaron Reuven||Disciplinary Decision|
|November 06, 2015||2014041319201||APPEALED: Miguel Ortiz||Disciplinary Decision|
|October 29, 2015||2011025444501||APPEALED: Wood (Arthur W.) Company||Disciplinary Decision|
|October 23, 2015||2013038136101||Andrew Lyman Quinn,||Disciplinary Decision|
|October 22, 2015||20100215720-01||eBX, LLC||Disciplinary Decision|
|October 22, 2015||201203564701||Order Granting, in Part, Enforcement's Motion for Leave to Offer Telephone Testimony||Disciplinary Order|
|October 05, 2015||2009017899801||APPEALED: Rani T. Jarkas||Disciplinary Decision|
|October 02, 2015||2013036799501||APPEALED: Michael Casas||Disciplinary Decision|