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

You were most helpful with my FINRA deposition. You are a good lawyer and a good person.

Dan B.

LATEST NEWS AND ARTICLES

July 26, 2024
Kentucky Advisor Sues LPL Financial for Alleged Corporate Raid

A Kentucky advisor, Mark Lamkin, has filed a lawsuit against LPL Financial, claiming the independent broker-dealer orchestrated a corporate raid that resulted in the loss of his firm’s entire book of managed assets.

July 25, 2024
FINRA Plans Fee Increases Amid Rising Costs and Losses

The Financial Industry Regulatory Authority (FINRA) has announced plans to raise fees for its approximately 3,300 broker-dealer member firms. According to AdvisorHub, the self-regulator faces soaring costs, as detailed in its annual report published at the end of June.

July 24, 2024
Raymond James Settles with Oregon Over Excessive Commissions

Raymond James recently settled a case with Oregon's Division of Financial Regulation (“DFR”), agreeing to pay nearly $200,000 over allegations of charging excessive commissions to retail investors.