FINRA disciplinary action update #33

Disciplinary decisions issued October 6 – 12, 2023.

Former securities representative barred for allegedly refusing to provide information or documents

FINRA Rule 2010
FINRA Rule 8210

Former securities representative suspended and fined for allegedly participating in an private securities transaction without employer approval

FINRA Rule 2010
FINRA Rule 3280

Former securities representative barred for allegedly refusing to produce information or documents and to appear for on-the-record testimony

FINRA Rule 2010
FINRA Rule 8210

HSBC Securities (USA) censured and fined for alleged disclosure inaccuracies

Issues with the data feeds the firm used to generate conflicts disclosures in research reports led to inaccuracies in those reports, including, for the most part, disclosures of conflicts of interest that did not exist.

HSBC did not have procedures or processes in place to ensure that the data feeds were accurate and complete and was unable to detect the data feed problems, which led to the disclosure inaccuracies spanning nine years of operations and thousands of equity and debt research reports.

FINRA Rule 2010
FINRA Rule 2241
FINRA Rule 2242
FINRA Rule 3110
NASD Rule 3010

Former shares and contracts representative barred for allegedly refusing to provide information or documents

FINRA Rule 2010
FINRA Rule 8210

Former securities representative suspended and fined for alleged unsuitable investment recommendations

The representative recommended highly speculative alternative investments that involved a high degree of risk of loss and were therefore unsuitable in light of the customers’ investment profiles.

FINRA Rule 2010
FINRA Rule 2111

Former securities representative suspended for an alleged unauthorized business transaction with a customer

In addition the representative failed to amend Form U4 to disclose the felony charges against him.

FINRA Rule 1122
FINRA Rule 2010
FINRA By-Laws Article V, Section 2(c)

Former securities representative suspended and fined for allegedly exercising discretionary authority in a customer’s account

Although the customer understood the trading was happening they did not provide prior written authorization for the representative to exercise discretion.

FINRA Rule 2010
FINRA Rule 3260
FINRA Rule 4511

Securities representative suspended for alleged exception report review failings

As a result of his unreasonable review practices, including the frequent closing out of exception reports without evidence that the flagged trades were suitable, the fact that numerous accounts were being excessively traded went unnoticed. The excessive trading involved 12 accounts and resulted in customers having to pay $663,463 in commissions, fees and margin interest.

FINRA Rule 2010
FINRA Rule 3110

Former securities representative suspended for alleged Reg BI failings

The representative recommended a series of transactions to customers that constituted excessive trading in light of their investment profiles and were therefore not in their best interest.

FINRA Rule 2010
Reg BI
Rule 15l-1

Unless otherwise noted all respondents accepted and consented to FINRA’s findings without admitting or denying them.