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.
December 2009 - View all for this month
ViewTrade Securities, Inc.
AWC/2008011725001
The Firm failed to properly implement its AML compliance program, insofar as it did not monitor corporate accounts brought to the firm from a defunct broker-dealer by registered representatives for red flags and did not identify potentially suspicious activity for further due diligence.

A registered representative at the firm sent business-related emails from a non-firm email address that were not maintained on the firm’s server in a non-rewritable, non-erasable format, but were obtained from the representative’s computer, where they could have been deleted or lost.
ViewTrade Securities, Inc.: Censured; Fined $50,000
Tags: AML  email  
Bill Singer's Comment
Looks like December is FINRA's off-platform email usage month.  Here is another case that is honing in on yet another aspect of permitting RRs to use off-platform emails.  FINRA reminds firms that if you allow RRs to use non-firm email addresses, that you can't have a compliance protocol that permits the primary storage of those emails to be solely retained on the RR's personal computer, where those communications could be deleted before being copied to the firm's records system.  It's up to you to capture those documents before they can be altered or deleted by the RR.
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