Federal Court Upholds FINRA's Authority in Alpine Securities Challenge
From the desk of Jim Eccleston at Eccleston Law
A federal court has rejected a broad constitutional challenge to the authority of the Financial Industry Regulatory Authority (FINRA), delivering a significant victory for the self-regulator and reinforcing its enforcement framework.
According to reporting by AltsWire, U.S. District Judge Beryl A. Howell granted FINRA's motion to dismiss the complaint filed by Alpine Securities and Scottsdale Capital Advisors. The court ruled in FINRA's favor on seven of the eight claims and determined that it lacked jurisdiction over the remaining count.
Alpine's lawsuit, filed in October 2022, challenged FINRA's constitutional status and its authority to discipline and bar member firms. The court rejected those arguments. The judge concluded that FINRA operated as a private entity rather than a government agency, undercutting Alpine's claim that its officers must comply with the Appointments Clause. AltsWire reports that the court also found no improper delegation of governmental authority, emphasizing that FINRA remains subordinate to the U.S. Securities and Exchange Commission (SEC) and requires SEC oversight for key actions.
The court also dismissed Alpine's due process claims. Alpine argued that FINRA's role in both prosecuting and adjudicating disciplinary actions violated the Fifth Amendment, According to AltsWire, the judge rejected that position and also dismissed related claims under the First and Seventh Amendments of the Constitution.
According to AltsWire, industry observers noted that the ruling aligns with prior judicial treatment of similar challenges. Simultaneously, attorneys indicated that more narrowly tailored constitutional claims could still emerge in the future.
Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.
Tags: eccleston, eccleston law, finra, securities regulation, alpine securities, regulatory enforcement, securities litigation





