FINRA’s Acceptance, Waiver and Consent Settlement (AWC)-Part 1

Posted on December 1st, 2016 at 12:47 PM
FINRA’s Acceptance, Waiver and Consent Settlement (AWC)-Part 1

From the Desk of Jim Eccleston at Eccleston Law LLC:

This is the first of three posts to discuss FINRA Rule 9216. This post will discuss the “acceptance” portion of the rule related to regulatory (disciplinary) settlement agreements.

As the term implies, the “acceptance” portion of the “AWC” occurs when the financial advisor accepts the sanctions that FINRA has offered either to resolve a concluded investigation by FINRA examination staff or to dismiss a complaint brought by FINRA’s enforcement attorneys. Whether a rep should accept the imposition of sanctions is a decision that should be made only after consulting an experienced securities attorney.

In addition to evaluating the strength of the evidence against the advisor, the attorney also will review FINRA’s “Sanction Guidelines” as well as previous cases on FINRA’s online “Disciplinary Action” database, in order to provide effective legal counsel.  

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, Rule 9216, Waiver and Consent Settlement, AWC, sanction guidelines, disciplinary actions,

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