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.
Jose Cecilio DeCastro
AWC/2008013962101
DeCastro effected electronic wire transfers from a customer account upon a third party’s verbal instructions and based upon receipt of written instructions that he received by facsimile, which were purportedly from the account’s beneficial owner. DeCastro never asked the third party for written authorization confirming his authority to issue instructions on the customer’s behalf or obtained the customer’s actual authorization.
Jose Cecilio DeCastro: Fined $10,000; Suspended 1 year
Tags: Fax  
Bill Singer's Comment
What might have helped is if FINRA stated whether the account's beneficial owner alleged that the third party was NOT authorized to give the disputed instruction -- that may be the case, and we might fairly infer that, but these FINRA decisions need to be more precise in their summarized form. Under all the circumstances provided, the 1 year suspension seems harsh; however, if there are additional factors that FINRA has simply failed to note, such circumstances could well support the term.
Enforcement Actions
Search in Cases of Note : FINRA
Months
 
Cases of Note : FINRA Archive
Tags