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.
Marshall engaged in a private securities transaction despite his member firm’s denial of authorization because the size of the investment would concentrate too much of a trust’s assets in a single investment. Marshall requested his firm to wire the transaction amount to an outside bank account where it was invested in the hedge fund through Marshall’s partner, knowing it was an unapproved private securities transaction. Marshall failed to provide an accurate and complete response to his firm when asked why the trust was moving funds out of the firm.
John Gilbert Marshall Jr.: Fined $7,500; Suspended 6 months in all capacities