Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2010
NOTE: Stipulations of Fact and Consent to Penalty (SFC); Offers of Settlement (OS); and Letters of Acceptance Waiver, and Consent (AWC) are entered into by Respondents without admitting or denying the allegations, but consent is given to the described sanctions & to the entry of findings. Additionally, for AWCs, if FINRA has reason to believe a violation has occurred and the member or associated person does not dispute the violation, FINRA may prepare and request that the member or associated person execute a letter accepting a finding of violation, consenting to the imposition of sanctions, and agreeing to waive such member's or associated person's right to a hearing before a hearing panel, and any right of appeal to the National Adjudicatory Council, the SEC, and the courts, or to otherwise challenge the validity of the letter, if the letter is accepted. The letter shall describe the act or practice engaged in or omitted, the rule, regulation, or statutory provision violated, and the sanction or sanctions to be imposed.
December 2010 - View all for this month
Julio Enrique Serrano
2009017710701

Serrano entered into a formal “Advisor Agreement” with a financial public relations firm. The findings stated that the website issued press releases recommending specific securities to the public, with the releases implying that the recommendations were made by Serrano, whom they identified by name and CRD number as a registered person the website employed.

Serrano failed to provide written notice of this outside business activity to either of the member firms through which he was registered, and signed a disclosure document in which he specifically and falsely denied that he was engaging in any outside business activity. Serrano acknowledged in a letter to FINRA that he had failed to disclose his outside employment to his member firms and conceded in on-the-record testimony that he was obligated to disclose the outside activity to both firms.

Julio Enrique Serrano : Fined $26,000; Suspended 12 months
Tags: Website  
Bill Singer's Comment
Frankly, I'm not quite understanding FINRA's posture here. It seems to me that this matter resonates more sensibly in the basket of "Advertising" violations -- in that Serrano appeared to have contracted with a third party to publish recommendations under his name and citing his registered status. Such activity would run afoul of a number of obligations to obtain prior approval, to ensure the accuracy of representations, etc. Instead, FINRA appears to suggest that the problem here was that Serrano engaged in an outside business activity without his firm approval and then denied his activity.  Either some aspect of this case needs to be better explained or I'm missing something.
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