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.
Steven Laurence Dorsey (Principal)
AWC/2005000346104
As his member firm’s national sales director, Dorsey was responsible for reviewing daily trade blotters and information received from the firm’s compliance department. Despite being made aware of “red flags” indicating that unsuitable and excessive trading was occurring in customers’ accounts, Dorsey failed to take reasonable supervisory steps to respond to these “red flags” to prevent the unsuitable and excessive trading. Dorsey continued to maintain his FINRA securities registrations through his member firm for more than two years, although he did not actively engage in the firm’s securities business. 
Steven Laurence Dorsey (Principal): Fined $25,000; Suspended 1 year in Principal Capacity only; Required to requalify by exam before acting in any principal capacity.
Bill Singer's Comment
An interesting case on two levels. One, we have what was once a rare case of sanctioning a Principal for failed supervision -- although this is no longer such a rare situation. Two, we have what appears to be a "parking" case, in that Dorsey seems to have been "inactive (?)" at his member firm for more than 2 years but maintained his registration. As many of you know, I am no fan of the automatic 24-month registration lapse. Moreover, as a lawyer who makes a living parsing language, I am always troubled by adjectives and adverbs: In this case, the interpretation of what is and isn't "actively" engaging in business often presents troubling issues. Think about it, during the past two years, how many branches experienced such a drop off in business (particularly during September 2008 through March 2009) as to make them ghost towns. If an RR goes to work everyday but the phones aren't ringing and there is no point in cold calling, is that "actively" engaging in the securities business? If that same RR spends most of his/her day reading the newspaper, playing solitaire on the computer, and shooting the breeze with colleagues, is that "actively" engaging in the securities business?
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