FINRA announced today that it entered into a settlement with MetLife Securities, Inc. in which MetLife agreed to pay FINRA a $20 million fine and its customers up to $5 million in compensation for, basically, making misrepresentations over a five-year period to customers who replaced one variable annuity with another regarding the costs of making
FINRA
Updates: Two Losers + One Positive Note = A Bad Week For Broker-Dealers
There have been some developments this week in a few matters on which I have previously offered my views. To help you stay on the cutting edge of financial world current events as you mingle at your upcoming Cinco de Mayo fiestas, here are three updates. Two, not surprisingly, represent wins for the regulators. The…
Not So Naked And Not So Afraid: FINRA’s New Compensation Rule Does Not Require Brokers To Bare All (Financially) When Changing Firms
Two years ago, FINRA first proposed to the SEC a rule that would require brokers to disclose to clients not only when they receive compensation (including signing bonuses and other payments) to switch from one broker-dealer to another, but, worse, the amount of that compensation. The industry was seriously not pleased with the rule. FINRA,…
FINRA’s Response To Request For Help: Call Someone Who Cares
I had an experience with FINRA this week that cannot go without comment, as it highlights one of the biggest issues that my clients and I have with FINRA.
One of the more obscure departments within FINRA is the Market Operations Department.[1] I am not entirely sure of all of its functions, but, at…
FINRA’S Ability To Enforce Securities Act Violations Subject To Compelling Court Challenge
Last week, word spread about a legal challenge that has been mounted in federal court against FINRA’s ability to enforce violations of the Securities Act of 1933, and, perhaps not surprisingly, it has generated a lot of talk, not to mention enthusiasm (at least among those who chafe at FINRA’s aggressive Enforcement mentality). The specifics…
Highlights from Day Two of SIFMA-CL Conference
The Rick Ketchum Show. Today’s sessions opened with what was likely the highlight of the entire conference, Rick Ketchum’s swan song “conversation” with Ira Hammerman, GC of SIFMA, before he toddles off into retirement. Granted, these interviews never remotely approach Sixty Minutes intensity, but this year’s featured even more coddling than ever:
- What would
…
Highlights from Day One of SIFMA-CL Conference
Opening Session/Firm Culture/CCO Liability. If you are reading this blog, then you, like me, have been probably eagerly waiting for the start of SIFMA’s annual Compliance and Legal conference not just for the jumbo shrimp at the reception, but also to learn some insights from the regulators about their concerns and intentions. If you…
A Miscellany Of FINRA Issues A Little Too Big To Call Nitpicking
For some reason, a bunch of noteworthy events all happened around the same time this week, so please bear with me as I vent a little about them. Individually, they are irritating; in the aggregate, they are borderline alarming.
First, the FINRA Wells process. I have blogged about this before, and how, in a…
FINRA Merely Wants To Understand Your Firm’s “Culture” (And I Have A Bridge To Sell You)
By now you have probably read FINRA’s recent “Targeted Exam Letter” entitled “Establishing, Communicating and Implementing Cultural Values.” In case you haven’t, it is clear that FINRA is following up on the promise it made in January in the 2016 Regulatory & Examination Priorities Letter to “formalize [its] assessment of firm culture while…
PIABA Cries Wolf, Again, To Ensure That Its Lawyers Get Paid
Once again, I found myself gritting my teeth in frustration after reading yet another PIABA report complaining about some perceived inequity in the FINRA arbitration process that cuts against customers. This week, PIABA released its study demonstrating that sometimes when claimants prevail in arbitrations against broker-dealers, the BD that lost is unable to pay the…