ARTICLE
30 September 2019

NFA Charges Introducing Broker/CTA For Recordkeeping, Reporting And Marketing Violations

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.
NFA charged an introducing broker ("IB") and its former sole principal with failing to properly maintain books and records
United States Technology

NFA charged an introducing broker ("IB") and its former sole principal with failing to properly maintain books and records, as well as submitting inaccurate financial statements.

According to NFA, the IB (i) failed to maintain minimum adjusted net capital, (ii) created misleading promotional materials, and (iii) submitted inaccurate financial statements and net capital calculations to NFA. The Hearing Panel found that the IB and the former principal failed to adequately supervise the IB's use of promotional material, and failed to have adequate procedures addressing ethics training, cybersecurity, forex operations and customer risk disclosures.

NFA imposed a five-year ban, as well as a fine of $25,000 if the IB reapplies for NFA membership after the ban. Separately, NFA imposed a five-year ban on the former principal, as well as a fine of $25,000 if the former principal reapplies for NFA membership after the ban.

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