Discovery

Here is a really interesting post from Michael regarding those potentially uncomfortable moments when FINRA calls non-complaining customers.  Because FINRA is not the government, it has no subpoena power over these people, and so needs them to cooperate voluntarily.  The problem is that FINRA does an awful job of informing non-complaining customers that they are

Let’s play pretend.  Can you imagine what FINRA would do to a respondent broker-dealer in an Enforcement action that announced on Day Five of the hearing – i.e., during the “final phase” of the hearing – that – whoops! – it had forgotten to produce certain documents that it should have produced eight months before

The FINRA investigative process and the arbitration process exist side-by-side; at times, the misconduct that is alleged by a claimant in a Statement of Claim may simultaneously be the subject of an examination by Member Regulation, or even an Enforcement Complaint. Ordinarily, Enforcement doesn’t pay much attention to what happens in a parallel arbitration, except