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FINRA’s disciplinary actions in 2017: increased restitution ordered with minimal changes in number of cases

Brian Rubin (Eversheds Sutherland (US) LLP, Washington DC, USA)
Adam Pollet (Eversheds Sutherland (US) LLP, Washington DC, USA)

Journal of Investment Compliance

ISSN: 1528-5812

Article publication date: 19 July 2018

Issue publication date: 14 August 2018

59

Abstract

Purpose

The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond.

Design/methodology/approach

The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues.

Findings

In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years.

Practical implications

Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought.

Originality/value

This paper provides expert analysis and guidance from experienced securities enforcement lawyers.

Keywords

Citation

Rubin, B. and Pollet, A. (2018), "FINRA’s disciplinary actions in 2017: increased restitution ordered with minimal changes in number of cases", Journal of Investment Compliance, Vol. 19 No. 2, pp. 19-23. https://doi.org/10.1108/JOIC-04-2018-0020

Publisher

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Emerald Publishing Limited

Copyright © 2018 Eversheds Sutherland (US) LLP.

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