FINRA has proposed a rule change which would limit a registered person’s ability to be named as a customer’s beneficiary or hold a position of trust for a customer. The new rule would be known as FINRA Rule 3241.
Eccleston Law Blog
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FINRA Proposes Rule Governing Registered Reps Holding Positions of Trust
Posted on July 31st, 2020 at 9:12 AM
CFP Board Compares its Duty of Care to the SEC’s Reg B-I
Posted on July 30th, 2020 at 3:40 PM
This is the second of several posts discussing the similarities and differences of the SEC’s recently-implemented Regulation Best Interest (“Reg. B-I”) and the CFP Board’s Code of Ethics and Standards of Conduct. Previously, we discussed the difference in the standard of conduct required by the CFP Board code and Reg B-I. In this post, we will look at the duty of care required by the CFP Board and Reg B-I.
CFP Board Enforcement Process: No Challenges in CFP Board Proceeding to Criminal Convictions, Professional Discipline, or Civil Liability
Posted on July 28th, 2020 at 2:49 PM
This is the sixth of several posts detailing the CFP Board enforcement process. This post will focus on the rules regarding records which a Respondent cannot challenge in a CFP Board proceeding.
UBS Agrees to Pay $10 Million to Settle SEC Charges
Posted on July 27th, 2020 at 4:23 PM
UBS Financial Services Inc. has agreed to pay $10 million to settle charges brought by the U.S. Securities and Exchange Commission (‘SEC”) that UBS circumvented the priority given to retail investors for certain municipal bond offerings.
Citadel Securities Fined by FINRA
Posted on July 27th, 2020 at 3:50 PM
Citadel Securities agreed to pay a $700,000 fine as well as an unspecified amount of restitution to settle alleged violations with FINRA Enforcement. According to FINRA Enforcement, Citadel traded ahead of certain inactive over-the-counter customer (“OTC”) orders, failed to consistently apply its written methodology to certain OTC customer orders, failed to display certain OTC customer limit orders and also had related supervisory failures.
CFP Board Compares its Standard of Conduct to the SEC’s Reg B-I
Posted on July 23rd, 2020 at 4:06 PM
This is the first of several posts discussing the similarities and differences of the SEC’s Regulation Best Interest and the CFP Board’s Code of Ethics and Standards of Conduct.
Former Morgan Stanley Advisor Pleads Guilty to Fraud
Posted on July 22nd, 2020 at 4:05 PM
Michael Barry Carter, a former advisor at Morgan Stanley, pleaded guilty to federal charges of wire fraud and investment advisor fraud. According to the United States Department of Justice (“DOJ”), Carter stole more than $6 million over a period of almost 12 years. The DOJ said that most of Carter’s victims were senior investors.
CFP Board Enforcement Process: Petition for Fitness Determination
Posted on July 21st, 2020 at 3:36 PM
This is the fifth of several posts detailing the CFP Board enforcement process. This post will focus on the rules regarding a Petition for Fitness Determination.
David Hu Arrested and Charged with Running a Ponzi Scheme
Posted on July 20th, 2020 at 3:16 PM
Co-founder and managing partner of International Investment Group, David Hu, was arrested and charged with running Ponzi scheme of more than $100 million. Federal authorities accused Hu of overvaluing loans and covering up the scheme with falsified documents and fake entities. According to federal authorities, the scheme has gone on for more than 10 years.
SEC Forms Coronavirus Committee to Combat Fraud
Posted on July 17th, 2020 at 11:21 AM
The Enforcement Division of the U.S. Securities and Exchange Commission is well aware that national emergencies often lead to increases in fraudulent activity. Speaking at the Securities Enforcement Forum West 2020 conference, SEC Enforcement Division CEO Steven Peikin said that the SEC is drawing on experience gained during previous emergencies, including the financial crisis in 2007-08 and the terror attacked on September 11, 2001, to combat COVID-19 related scams.
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