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.
February 2010 - View all for this month
Jeannette J. Martens
AWC/2008015946101
Martens contacted a mutual fund company and misrepresented herself as an assistant to the customer’s former registered representative at another member firm in an attempt to obtain confidential information about the customer’s account, which the customer had authorized Martens in writing and orally to obtain. At the time of the misrepresentation, Martens had been authorized to act as the customer’s broker of record at her firm, but the mutual fund company had not yet processed the change of broker form received from the firm. The mutual fund company would not have provided this information to Martens had she correctly identified herself and her broker-dealer affiliation.
Jeannette J. Martens : Fined $5,000; Suspended 30 business days
Bill Singer's Comment
Martens was authorized in writing and orally by the client to obtain account information.  Martens was duly authorized to act as the customers broker by her employer firm but the mutual fund company was still processing the change form sent to it by Martens' employer. 

Should Martens have impersonated the assistant -- "no."  Did FINRA need to wallop her with a 30-day suspension on top of a $5,000 fine in light of the above facts?  Solely based upon FINRA's monthly report, I'm not convinced the sit-down was necessary. 
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