ARTICLE
24 January 2019

FINRA Fines CCO For Failing To Supervise Firm's President

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA fined a broker-dealer ("BD") and its vice president for failing to supervise the BD's president regarding the sale of securities in a series of private placements.
United States Corporate/Commercial Law

FINRA fined a broker-dealer ("BD") and its vice president for failing to supervise the BD's president regarding the sale of securities in a series of private placements.

According to the FINRA National Adjudicatory Council, Cantone Research, Inc. ("CRI") vice president Christine Cantone failed to properly review emails, maintain CRI's written supervisory procedures ("WSPs") and ensure that representatives under her supervision conducted adequate due diligence. Ms. Cantone was allegedly tasked with supervising CRI president Anthony Cantone, who is her husband. In her role, Ms. Cantone was allegedly required to perform daily reviews of Mr. Cantone's emails to ensure their truthfulness and to ensure he performed due diligence with respect to securities offerings. By failing to direct Mr. Cantone to inform relevant investors of financial issues with the offerings of the securities, Ms. Cantone allegedly failed in her supervisory obligations.

FINRA ordered CRI and Ms. Cantone to pay a fine of $73,000. Ms. Cantone was also suspended in all supervisory roles for two years and must requalify as a securities principal after completing her suspension.

Commentary / Steven Lofchie

It is interesting that a firm's CCO is being disciplined for failing to supervise the CCO's own boss. Given the fact that the firm's president and CCO are married, it's difficult to say how much of a precedent this establishes, if any, but CCOs should be aware that they have upward supervisory obligations.

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