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.
Mark Steven Gardner (Principal)
AWC/2008015914301
Gardner executed equity securities purchase transactions to open an investment account on a corporation’s behalf without its knowledge or consent. Gardner accepted purchase orders from an individual who did not have authorization to act on the corporation’s behalf and, prior to executing the transactions, Gardner failed to verify whether the individual had been granted authorization by the corporation. The transactions' amounts totaled $2,203,020.
Mark Steven Gardner (Principal): Fined $5,000; Suspended 1 month
Bill Singer's Comment

While at first blush many RRs might not see the significant legal and regulatory problems with Gardner's opening of a corporate account, further consideration demonstrates how serious this could become.  First, you have the whole AML/Patriot Act issue of opening up a corporate account without that entity's permission.  Second, New Account Procedure 101 says that when opening any corporate account, you must obtain proof of a Corporate Resolution authorizing the new account and designating an individual authorized to place orders on the entity's behalf.

There was over $2 million worth of trading here.  That's a lot of exposure for the BD and for the RR.  Frankly, I'm not understanding why the sanctions here -- $5,000 and 1 month -- were not higher.

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