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|
|September 18, 2012||2008014015901||Hearing Panel Decision in Department of Enforcement v. Jeremy D. Hare||Disciplinary Decision|
|September 14, 2012||2007007792902||Edward S. Brokaw||Disciplinary Decision|
|August 30, 2012||2010023367001||Order Denying Respondent 1’s Motion to Compel Production of Withheld Documents||Disciplinary Order|
|August 28, 2012||2008013863702||Extended Hearing Panel Decision in Department of Enforcement v. Respondent||Redacted Decision|
|August 23, 2012||2008015617902||Hearing Panel Decision in Department of Enforcement v. Thomas H. Morrow||Disciplinary Decision|
|August 02, 2012||20070094044||Extended Hearing Panel Decision in Department of Enforcement v. Wedbush Securities Inc. and Edward W. Wedbush||Disciplinary Decision|
|August 01, 2012||2006005786501||Joseph A. Padilla and Andrea M. Ritchie(f/k/a Andrea M. Bruno)||Disciplinary Decision|
|July 26, 2012||2008015105601||Nolan Wayne Moore||Disciplinary Decision|
|July 26, 2012||2009018076101||Hearing Panel Decision in Department of Enforcement v. Blair A. West||Disciplinary Decision|
|July 20, 2012||FPI110005||Hearing Panel Decision in Decision in Department of Enforcement v. Justin W. Keener||Expedited Decision, Rule 9550 Expedited Decisions|
|July 09, 2012||20100214065-01||Hearing Panel Decision in Department of Enforcement v. Michael A. McIntyre||Disciplinary Decision|
|July 06, 2012||2010024889501||Order Granting Department of Enforcement’s Motion Regarding Sequestration of FINRA Staff Witnesses||Disciplinary Order|
|July 02, 2012||20070082049||Hearing Panel Decision in Department of Market Regulation v. Robert Marcus Lane and Jeffrey Griffin Lane||Disciplinary Decision|
|June 14, 2012||2009019369302||Amended Hearing Panel Decision in Department of Enforcement v. Jeff Ng||Disciplinary Decision|
|June 08, 2012||2007008724701||Amended Hearing Panel Decision in Department of Enforcement v. Randy Carlson||Disciplinary Decision|
|May 31, 2012||2007011413501||Extended Hearing Panel Decision in Department of Enforcement v. Brookstone Securities, Inc., Antony Lee Turbeville, Christopher Dean Kline, and David William Locy||Disciplinary Decision|
|May 10, 2012||2009017918001||Hearing Panel Decision in Department of Enforcement v. John D. Rausch||Disciplinary Decision|
|May 03, 2012||20060053785-02||Hearing Panel Decision in Department of Market Regulation v. Robert N. Drake||Disciplinary Decision|
|May 02, 2012||2007007151101||Merrimac Corporate Securities, Inc.||Disciplinary Decision|
|May 01, 2012||2006004122402||Hedge Fund Capital Partners, LLC and Howard G. Jahre||Disciplinary Decision|
|April 27, 2012||2008014969001||Hearing Panel Decision in Department of Enforcement v. Respondent||Redacted Decision|
|April 05, 2012||2011029760201||Order Denying Respondent’s Motion for Leave to Serve Limited Discovery||Disciplinary Order|
|April 04, 2012||20050007427||Extended Hearing Panel Decision in Department of Enforcement v. David Lerner Associates, Inc. and William Mason||Disciplinary Decision|
|April 02, 2012||2009019297801||Hearing Panel Decision in Department of Enforcement v. Dame Cisse||Disciplinary Decision|
|March 30, 2012||2008015934801||Hearing Panel Decision in Department of Enforcement v. Alan J. Davidofsky||Disciplinary Decision|