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.
Stephen Paul Krauss
AWC/2009017313901
Krauss effected discretionary transactions in a customer’s securities account. Krauss had a verbal agreement with the customer to exercise discretion in the account, but he did not obtain prior written authorization from the customer and his member firm’s acceptance of the account as discretionary.
Stephen Paul Krauss : Fined $10,000; Suspended 30 business days
Tags: Discretion  
Bill Singer's Comment
Someone want to visit http://www.rrbdlaw.com/enforcement-actions/tags.php?term=Discretion&year=2010 and take a look at the June 2010 "verbal discretion" case for Ralph Charles Johnson (Principal) /AWC/2008013469901/June 2010 and explain to me why Johnson got a $5,000 Fine and a 10 business day suspension but Kraus was fined twice as much and hit with a triple suspension?  There may well be an answer but you sure as hell can't glean it from FINRA's monthly report. Virtually the same allegations are posted online by FINRA in its June reports.  C'mon guys, you have to do better than that!
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