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

The work that you and your team have performed on my behalf is exemplary.

JT

LATEST NEWS AND ARTICLES

January 15, 2026
FINRA Flags Risks of Early Withdrawals and Exchanges in Registered Index-Linked Annuities

The Financial Industry Regulatory Authority (FINRA) has issued a renewed warning to the industry about the risks consumers face when they exit registered index-linked annuities (RILAs) before the end of the contract term.

January 14, 2026
FINRA Fines and Suspends Wells Fargo Advisor Over Fictitious Expense Claims

The Financial Industry Regulatory Authority (FINRA) fined and suspended a Wells Fargo Advisors representative in Waco, Texas, after finding that he submitted fictitious business expense claims, according to a FINRA Acceptance, Waiver and Consent (AWC) letter.

January 12, 2026
Florida Man Indicted in $36 Million Investment Fraud Scheme

According to news sources, federal prosecutors allege that a Florida man orchestrated a multimillion-dollar Ponzi scheme that funded a luxury lifestyle built on stolen investor money, according to the U.S. Department of Justice.