Adjudications & Decisions
When FINRA determines that violations of securities rules have occurred and formal disciplinary action is necessary, the Enforcement Department files a complaint with the Office of Hearing Officers (OHO).
The Office arranges a three-person panel to hear the case. The panel is chaired by a hearing officer who is an employee of the Office of Hearing Officers. The Chief Hearing Officer appoints two industry panelists, drawn primarily from a pool of current and former securities industry members of FINRA's District Committees, as well as its Market Regulation Committee, former members of FINRA's National Adjudicatory Council (NAC) and former FINRA Governors.
At the hearing, the parties present evidence for the panel to determine whether a firm or individual has engaged in conduct that violates FINRA rules, SEC regulations or federal securities laws. In reaching its decision, the hearing panel also considers previous court, SEC, and NAC decisions to determine if violations occurred. The NAC is the national committee which reviews initial decisions rendered in FINRA disciplinary and membership proceedings.
For each case, the hearing panel will issue a written decision explaining the reasons for its ruling and consult the FINRA Sanction Guidelines to determine the appropriate sanctions if violations have occurred. FINRA also, when feasible and appropriate, can order firms and individuals to make restitution to harmed customers.
Appeals Process
Under FINRA's disciplinary procedures, a firm or individual has the right to appeal a hearing panel decision to the NAC, or the NAC may on its own initiate a review of a decision. On appeal, the NAC will determine if a hearing panel's findings were legally correct, factually supported and consistent with FINRA's Sanction Guidelines. While a panel decision is on appeal, the sanction is not enforced against the firm or individual.
Unless FINRA's Board of Governors decides to review the NAC's appellate decision, that decision represents FINRA's final action. A firm or individual can appeal FINRA's decision to the SEC and then to federal court.
View All Adjudications & Decisions
| Date of Decision | Proceeding No. | Title | Type |
|---|---|---|---|
| March 11, 2016 | 2013038418201 | Order Denying Respondent’s Motion to Compel Member Firm to Produce Additional Documents. | Disciplinary Order |
| March 10, 2016 | 2012031496501 | Order Denying Respondents’ Motion for Partial Summary Disposition. | Disciplinary Order |
| March 08, 2016 | 2013035517601 | Richard J. Fusari | Disciplinary Decision - Default |
| March 07, 2016 | 2008011762801r | APPEALED: Mitchell H. Fillet | Disciplinary Decision |
| March 04, 2016 | 2014040501801 | Order Denying Respondents’ Motion for Summary Disposition | Disciplinary Order |
| March 04, 2016 | 2013036836801 | Order Denying Respondent’s Rule 9252 Request | Disciplinary Order |
| March 03, 2016 | 2014040968501 | Omnibus Order on Pre-Hearing Motions | Disciplinary Order |
| February 29, 2016 | 2014043020901 | Order Denying Respondent’s Motion Pursuant to FINRA Rule 9252 and Granting Respondent Leave to Supplement | Disciplinary Order |
| February 29, 2016 | 2012034936005 | APPEALED: David Joseph Escarcega | Disciplinary Decision |
| February 26, 2016 | 2014041724601 | Order Denying Respondents’ Motions 1) For Summary Disposition and 2) To Disqualify Enforcement Counsel | Disciplinary Order |
| February 25, 2016 | 2014043020901 | Order Denying Respondent’s Motion to Compel Production of Documents | Disciplinary Order |
| February 22, 2016 | 2014040501801 | Order Denying Motion for Permission to Present Expert Testimony | Disciplinary Order |
| February 18, 2016 | FPI150009 | Gary James Lundgren | Expedited Decision, Non-Summary Proceeding |
| February 16, 2016 | 20080148227-02 | Order Denying Respondents’ Preclusion Motion | Disciplinary Order |
| February 12, 2016 | 2013036678201 | Tracy Chen | Disciplinary Decision |
| February 03, 2016 | 2012033393401 | Order Granting in Part and Denying in Part Respondent’s Motion in Limine to Exclude the Testimony of KA, BS, and MC. | Disciplinary Order |
| January 29, 2016 | 2014040295201 | Order Denying Respondents’ Motion for Expert Testimony | Disciplinary Order |
| January 28, 2016 | 2015044379701 | Order Denying Motion to Dismiss | Disciplinary Order |
| January 20, 2016 | 2015044960501 | Order Denying Motion to Admit Newly Discovered Evidence, dated January 20, 2016. | Disciplinary Order |
| January 15, 2016 | 2012033362101 | APPEALED: Thomas Edmund Connors | Disciplinary Decision |
| January 14, 2016 | 2012033981601 | David Wolk | Disciplinary Decision - Default |
| December 29, 2015 | 2011029619301 | APPEALED: Kenny Akindemowo | Disciplinary Decision |
| December 24, 2015 | SD-2003 | Middlebury Securities, LLC | Statutory Disqualification, Approvals |
| December 23, 2015 | 2014041372002 | John Soon Lee | Disciplinary Decision - Default |
| December 22, 2015 | 2010025350001 | Roric E. Griffith | Disciplinary Decision |