Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2009
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.
EuroPacific Capital, Inc.
AWC/2005003364102

EuroPacific failed to

  • timely adopt a written Anti-Money Laundering (AML) program, provide AML training and respond to information requests from the Financial Crimes Enforcement Network of the U.S. Department of the Treasury;
  • file an application to obtain FINRA’s approval for a material change in its business operations when its minimum net capital increased due to the receipt of customer checks; and
  • establish and maintain a supervisory system and written procedures reasonably designed to ensure compliance with rules concerning best execution of customer foreign securities transactions. 

Also, the Firm's Website did not present balanced discussions of risks and contained misleading, exaggerated and unwarranted statements, and contained comparisons of services that failed to disclose all material differences. 

EuroPacific Capital, Inc.: Censured; Fined $37,500
Bill Singer's Comment
As previously discussed over the years, if you are an introducing firm, your FINRA Membership Agreement will typically not permit you to receive/hold customers funds or securities, and your Net Capital computation will likely include an exemptive provision just for that scenario.  Unfortunately, customers sometimes inadvertently send in securities and cash, and if you do not promptly forward those on to your clearing firm (or return to the client with an admonition against further recurrences), the regulatory cascade effect can be daunting.
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