ARTICLE
21 November 2019

Broker-Dealer And CFO Settle FINRA Charges For Operating Without Sufficient Net Capital

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.
A broker-dealer and its Chief Financial Officer and Financial Operations Principal ("FINOP") settled FINRA charges for operating a securities business below the net capital requirement.
United States Finance and Banking

A broker-dealer and its Chief Financial Officer and Financial Operations Principal ("FINOP") settled FINRA charges for operating a securities business below the net capital requirement.

As summarized in the Letter of Acceptance, Waiver, and Consent (or "AWC"), the broker-dealer and FINOP failed to (i) provide accurate net capital computations, (ii) submit correct Financial and Operational Combined Uniform Single (or "FOCUS") reports, and (iii) maintain accurate records. FINRA also stated that the broker-dealer engaged in firm commitment offerings without approval.

To settle the charges, the broker-dealer agreed to (i) a censure and (ii) a $45,000 fine. The FINOP agreed to (i) a $5,000 fine, (ii) a one-month suspension, and (iii) a requirement to take the requisite examination to re-qualify as a FINOP.

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