According to FINRA‘s public statements, one of its top priorities is enforcement of its rules, as well as the federal securities laws. FINRA investigates activity which is believes may indicate a securities law violation, and files disciplinary proceedings against firms and their associated persons to address such violations.
A FINRA investigation, which typically starts with a request for an On the Record Interview (“OTR”) is a significant event, as FINRA Enforcement has the authority to fine, suspend or bar brokers and firms. FINRA also has the ability to work with law enforcement which can lead to criminal charges
FINRA’s investigations arise from many sources, including U-5 filings, routine firm examinations, customer complaints, anonymous tips, and referrals from other regulators.
If you are called into a FINRA OTR, you need to be represented by an experienced securities attorney. Your livelihood may be at stake.
For additional information, read
Tips for Responding to an SEC Subpoena
How Do I Respond to a Wells Notice
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Introductions and Primers
- Overview of the Securities Arbitration Process
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- Federal Securities Law, a Securities Lawyer Guide
- Introduction to State Securities (Blue Sky) Laws
- Expungement of Customer Complaints
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Mark Astarita, a partner in the national securities law firm of Sallah Astarita & Cox, represents broker and firms across the country in FINRA investigations and disciplinary proceedings. To see how he can help you with a FINRA issue, email him or call his office at 212-509-6544.
