Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2011
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 2011 - View all for this month
Jeffrey Alan Smith (Principal)
AWC/2010022715605
Smith  failed to enforce his member firm’s WSPs and failed to effectively supervise the activities of the firm’s associated persons over whom he had supervisory responsibility to ensure that they were complying with FINRA rules and federal securities laws and regulations. 

Smith failed to 
  • enforce the firm’s WSPs regarding the handling of PPM, subscription documents, and investor funds for private placement offerings sold by the firm; 
  • effectively supervise the associated persons’ handling of such documents so that he did not prevent the associated persons from sending subscription documents directly to the private placement issuer, precluding the firm from conducting adequate oversight or review of the transactions and from retaining transaction-related documents; 
  • review the firm’s private placement sales for suitability, and typically did not review or approve private placement transactions effected by the associated persons he supervised; and
  • enforce the firm’s WSPs and failed to effectively supervise their use of non-firm email for securities business. 
Smith was aware of, and did not prevent, the associated persons from using personal email accounts to conduct securities business. The use of non-firm email accounts prevented the firm’s compliance staff from reviewing the associated persons’ customer communications, and the firm was unable to retain securities-related communications.
Jeffrey Alan Smith (Principal): In light of financial status, no fine; Suspended in Principal capacity only for 20 business days
Tags: WSPs  Private Placement  Email  
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