Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2011
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.
June 2011
Abhijit Chakrabortti
AWC/2009017892301/June 2011

Chakrabortti failed to ensure proper disclosure of his personal financial interests in the securities of companies that were subjects of his research reports and public appearances, although FINRA conceded that he informed his firm of his ownership interest in each security, gave advance notice of all transactions in these securities to the firmís compliance department and provided the firm with a record of the transactions.

Certain of the research reports Chakrabortti co-authored included information reasonably sufficient upon which to base an investment decision in the companies in which he held shares, among other securities, but the reports did not disclose his personal financial position in some of the companies.

Chakrabortti made public appearances at which he mentioned one or more equity securities of individual companies but did not disclose his personal financial position in the securities in some of the companies. Because Chakraborttiís disclosure of his personal financial holdings was incomplete in certain research reports and public appearances, these communications violated NASD Rule 2210(d)(1)(A), which requires sales material, including research reports, to provide a sound basis for evaluating the facts relating to the securities covered in the reports. Moreover, after disclosing all of his personal financial holding to his firm, Chakrabortti did not ensure that these holdings were subsequently disclosed in certain research reports, which caused his firm to publish incomplete research reports.

Also, Chakrabortti did not inform his firm of certain of his public appearances in a timely manner, and did not obtain the firmís approval to discuss certain issuers during his public appearances, and these omissions caused the firm to have incomplete records of his public appearances.

Abhijit Chakrabortti : Fined $15,000; Suspended 14 days; Required to re-qualify as a research analyst by such examination as required by FINRA, prior to participating in any capacity in any research reports and/or public appearances involving any FINRA member.
Tags:  Public Appearances     |    In: Cases of Note : FINRA
Bill Singer's Comment
FINRA records reveal that the subject disclosures occured in 2007 and 2008 when Chakrabortti was employed as an analyst at Morgan Stanley.  As to the subject securities holdings,

Chakrabortti received 4,874 shares of stock in JP Morgan ("JPM") as part of his compensation

while he was employed at JPM between March 2005 and November 2007. Chakrabortti also

purchased 1,500 shares of stock in Johnson & Johnson ("JNJ") on August 7, 2008 and 10,000

shares of stock in Nokia Corporation ("NOK") on October 21, 2008.

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