Tr?id=566623520170033&ev=PageView&noscript=1

Legal Challenge to FINRA's Constitutionality Dismissed by D.C. Court

Posted on November 3rd, 2023 at 1:15 PM
Legal Challenge to FINRA's Constitutionality Dismissed by D.C. Court

From the desk of Jim Eccleston at Eccleston Law 

An advisor who faced FINRA disciplinary action attempted to stop the proceedings in a D.C. federal court.

FINRA initially alleged that Eugene Kim, while associated with National Securities Corporation (NSC) between December 2017 and June 2019, had engaged in unethical conduct, acted in bad faith, and misused customer funds. Kim challenged FINRA's enforcement action in court by filing a demand for a jury trial in a D.C. federal court, focusing on the organization's constitutionality. He argued that while FINRA claims to be a private corporation with no constitutional responsibilities, it operates as a Congressionally-authorized entity with the statutory authority to enforce federal securities laws against a large number of individuals.

Kim referenced the Alpine Securities v. FINRA case, where a three-judge panel in the D.C. Appeals Circuit temporarily halted FINRA's industry ban on Alpine Securities. Still, the D.C. Circuit Court rejected this argument, stating that the Alpine order does not require courts to enjoin all challenged FINRA enforcement actions.

Ben Edwards, a professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas, and a keen observer of legal challenges against FINRA, anticipates a growing number of cases where representatives seek to challenge FINRA's disciplinary actions by questioning the organization's legitimacy.

Edwards believes this argument will persist until the Supreme Court addresses it. Edwards told WealthManagement.com in an interview that despite FINRA's temporary success, the organization still faces a "reconstituted post-Trump era Supreme Court," which he sees as broadly unfriendly to administrative regulation.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, finra

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

If you find yourself in trouble with the regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

1776438642 Law
April 17, 2026
Florida Advisor Sentenced to 90 Months for Foreign Currency Ponzi Scheme and Tax Evasion

A federal court sentenced John A.

1776353258 Law
April 16, 2026
Former Financial Advisor Pleads Guilty to $10 Million Fraud Scheme Targeting Elderly Client

A former financial advisor has pleaded guilty to wire fraud after orchestrating a scheme that stole nearly $10 million from an elderly client, according to reporting by Financial Advisor News.

1776286541 Law
April 15, 2026
Court Issues Split Ruling in Edelman Advisor Dispute

A federal court in Delaware has delivered a mixed decision in a dispute between Edelman Financial Engines and Prime Capital Financial, underscoring the legal limits of restrictive covenants in the advisory space.