FINRA Discipline: FINRA Rule 9212- Complaint Issuance

Posted on December 2nd, 2016 at 12:34 PM
FINRA Discipline: FINRA Rule 9212- Complaint Issuance

From the Desk of Jim Eccleston at Eccleston Law LLC:

This is the second of a series of posts to discuss the rules associated with the FINRA disciplinary process. FINRA Rule 9212 provides a guideline for the appropriate form, content, notice, docketing, and service for any complaint issued by the Department of Enforcement or the Department of Market Regulation.

FINRA states the complaint shall specify in reasonable detail the conduct alleged to constitute the violation and the rule, regulation, or statutory provision a respondent is alleged to be violating or to have violated.

FINRA Rule 9212 also states that the Department of Enforcement or the Department of Market Regulation is allowed to file and serve an amended complaint before a respondent answers.  

Moreover, a complaint can be withdrawn at any time before the issuance of a ruling on a motion for summary disposition, or the start of the hearing on the merits without prejudice. That means that the complaint can be re-filed based on the allegations concerning the same facts and circumstances that are set forth in the withdrawn complaint. If the Department of Enforcement or the Department of Market Regulation requests to withdraw a complaint after the occurrence of either of those two events, the hearing panel will determine whether the withdrawal shall be granted with prejudice. 

The attorneys of Eccleston Law LLC represent investors and advisers nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of securities for financial advisors including breakaway broker servicesemployment mattersstrategic consulting and counselingbroker litigation and arbitration,whistleblower actions, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.   

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston, FINRA, FINRA Rule 9212, complaint issuance, Department of Enforcement, Department of Market Regulation,

Return to Archive

TESTIMONIALS

Previous
Next

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

February 14, 2025
Jefferies Financial Group Dismisses Miami Advisory Team Amid Alleged Misconduct

Jefferies Financial Group recently terminated a team of Miami-based wealth advisors following allegations of improper money transfers and the use of unauthorized communication methods to conceal the activity.

February 13, 2025
FINRA Panel Denies J.P. Morgan's $39.7 Million Claim Against Former Advisor

A FINRA arbitration panel recently rejected J.P. Morgan Securities’ bid to recover $39.7 million in damages from Edward Turley, a former financial advisor whose alleged
misconduct led the firm to incur significant settlement costs.

February 12, 2025
Edward Jones Advisor Barred by FINRA Over Allegations of Unauthorized Account Changes

FINRA has barred Gwendolyn J. Hayes, a former Edward Jones advisor in Oregon after allegations surfaced that she altered client account information without authorization.