Banyan failed to conduct any independent testing of its AML program in any calendar year from at least 2018 through the present, and its written AML program did not include any procedures providing for independent testing for compliance from February 2022 through the present, in violation of FINRA Rules 3310(c) and 2010. For these violations, Banyan consents to a censure, a fine of $15,000, and an undertaking requiring the firm, within 90 days, to conduct an independent test and revise its written AML program to require independent AML testing each calendar year.

Between February 2020 and March 2022, Deiter recommended to two retail customers a series of trades that were excessive. As a result, Deiter willfully violated the Best Interest Obligation under Rule 15l-1(a)(1) of the Securities Exchange Act of 1934 (Regulation BI or Reg BI) and violated FINRA Rules 2111 and 2010. For these violations, Deiter is suspended for six months in all capacities.