FINRA disciplinary action update 2024/23

Disciplinary decisions issued June 8 – 14, 2024.

Securities representative barred for alleged unethical conduct

The representative facilitated the designation of his wife as the beneficiary of two accounts of a senior customer. The representative’s wife was identified as the customer’s niece in order to disguise from the firm the fact that this was a “prohibited beneficiary designation.”

The representative engaged in unauthorized outside business activity by providing services to the senior customer and also accepted monetary gifts from the customer.

FINRA Rule 2010
FINRA Rule 3241
FINRA Rule 3270

ACS Execution Services censured and fined for alleged Regulation SHO failings

The firm “incorrectly believed that it could rely on a broker-dealer client’s locate when effecting a short sale for its own account to facilitate net trading.”

It then effected at least 10 million short sales to facilitate trading by its clients on a net basis without locating the requisite securities.

The firm’s WSPs were incorrectly drafted in connection with the reliance on a broker-dealer client’s locate to facilitate trading and the supervisory system connected to the locate requirement was inadequate.

The firm has agreed to the imposition of an undertaking requiring it to certify in writing the remediation of the issues identified.

FINRA Rule 2010
FINRA Rule 3110
Regulation SHO Rule 203

TradeZero America censured and fined for alleged compliance failings connected to social media posts by influencers

The firm paid influencers to post on social media on its behalf. The resulting posts were not fair and balanced and made exaggerated or promissory statements.

The firm failed to review the social media posts, failed to retain these or record the dates when they were used. In addition the firm did not have a registered principal approve the influencers’ videos prior to their publication.

The firm’s supervisory system, including its WSPs, were inadequate because they did not require the review, supervision and approval of social media posts or videos made on its behalf.

SEA 1934 Rule 17a-4
FINRA Rule 2010
FINRA Rule 2210
FINRA Rule 3110
FINRA Rule 4511
FINRA Regulatory Notice 10-06
FINRA Regulatory Notice 17-18

GlobalLink Securities censured and fined for allegedly charging unfair markups and markdowns

The corporate bond markups and markdowns ranged from 2.30% to 9.34%. The clearing firm executing the transactions changed separate markups and markdowns for the services.

The firm failed to use reasonable diligence to obtain best execution, simply routing all of its customers’ fixed-income transaction to its clearing firm.

 In addition the firm also failed to reasonably supervise for fair pricing and best execution of corporate bond transactions. It did not assess or update its fixed income trading practices and supervisory system despite a significant growth in its corporate bond business.

A restitutionary payment of $397,862.20 has been ordered in addition to an undertaking for the retention of an independent consultant to help address the issues identified.

FINRA Rule 2010
FINRA Rule 2121
FINRA Rule 3110
FINRA Rule 5310

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

FINRA Rule 2010
FINRA Rule 8210

Securities and products representative suspended and fined for allegedly using unauthorized messaging channels

The representative exchanged more than 1,000 communications with 25 customers and prospective customers about securities-related business via text message and other electronic platforms including WhatsApp and LinkedIn.

These channels were not authorized by the firm and, as a result, the firm did not capture or maintain the communications.

FINRA Rule 2010
FINRA Rule 4511

Former products representative barred for allegedly refusing to produce information or documents

FINRA Rule 2010
FINRA Rule 8210

Securities representative suspended and fined for allegedly cheating during an exam

The representative possessed and had access to personal notes during an unscheduled break.

FINRA Rule 2010

Former products representative barred for allegedly falsifying documents

The representative fabricated documents to attempt to prove that she had passed an exam.

She also provided false and misleading information to FINRA in connection with this exam.

FINRA Rule 2010
FINRA Rule 8210

Former products representative barred for allegedly failing to provide on-the-record testimony

FINRA Rule 2010
FINRA Rule 8210

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