Proposed FINRA Enforcement Reforms Draw Mixed Reactions From Industry Participants
From the desk of Jim Eccleston at Eccleston Law
A new report recommending changes to the Financial Industry Regulatory Authority's (FINRA) enforcement program has generated mixed reactions from investor advocates, securities attorneys and industry professionals, according to ThinkAdvisor.
The report, authored by former Securities and Exchange Commissioner (SEC) Troy Paredes of Paredes Strategies and William & Mary Law School professor Paul Eckert, outlines 24 recommendations aimed at modernizing FINRA's governance, enforcement policies, investigative procedures, communications and coordination with other FINRA departments and federal and state regulators, ThinkAdvisor reports.
For example, FINRA Chief Executive Officer Robert Cook welcomed the recommendations in a blog post, stating that the organization intends to strengthen its enforcement program while promoting fairness, transparency and effectiveness. Cook said FINRA will evaluate the recommendations individually and collectively before determining which reforms to adopt.
On the other hand, the Public Investors Advocate Bar Association (PIABA) believes several recommendations could make it more difficult for FINRA to investigate potential misconduct. In particular, PIABA expressed concern over proposed revisions involving Rule 8210, which serves as FINRA's primary investigative tool for obtaining documents, testimony and other information from member firms and registered representatives. Failure to comply with Rule 8210 can result in significant sanctions, including suspension or a bar from the securities industry.
As ThinkAdvisor reports, the review also recommends expanding the FINRA Chief Executive Officer's role in determining when formal enforcement actions are appropriate and providing additional guidance on certain categories of cases. Whether FINRA ultimately adopts those recommendations, along with proposed changes to Rule 8210 and other enforcement procedures, remains to be seen.
Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.
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