ARTICLE
6 January 2020

Broker-Dealer Settles FINRA Charges For Unsuitable Short-Term Trading

CW
Cadwalader, Wickersham & Taft LLP

Contributor

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 settled FINRA charges for failing to implement and maintain a sufficient supervisory system, which led to violations of FINRA Rule 3110 ("Supervision") and other securities regulations
United States Finance and Banking

A broker-dealer settled FINRA charges for failing to implement and maintain a sufficient supervisory system, which led to violations of FINRA Rule 3110 ("Supervision") and other securities regulations.

According to the Letter of Acceptance, Waiver and Consent, the broker-dealer violated requirements concerning (i) short-term trading, (ii) fair prices and commissions, and (iii) mutual fund sales. Between July 2013 and January 2017, the broker-dealer's representatives allegedly:

  • engaged in unsuitable short-term trading in unit investment trusts and mutual fund Class A shares;
  • executed transactions resulting in excessive commissions, since supervisors did not effectively review trade alerts for excessive commissions generated by the broker-dealer's automated trade surveillance system; and
  • overcharged customers by failing to identify and apply available mutual fund breakpoint discounts for eligible customers.

The broker-dealer agreed to a censure and to pay a fine of $150,000.

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