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.
Richard George Dion
AWC/2007009531501

Dion failed to comply with the terms of a written settlement agreement he executed in connection with an arbitration case. 

Richard George Dion: Fined $5,000; Suspended until he fully satisfies the terms of a settlement agreement by paying a former member firm $75,000 and providing satisfactory proof thereof to FINRA, or entering into a superseding settlement agreement with the firm and providing satisfactory proof of the agreement to FINRA; Suspended from association with any FINRA member in any capacity an additional 30 business days upon FINRA’s receipt of satisfactory proof of his full satisfaction of the original or superseding settlement agreement

Bill Singer's Comment

The sanction here is interesting.  FINRA came up with something that goes to the heart of the matter, and does so in a very smart way.  The RR can either 

  1. pay $75,000  to his firm; or
  2. enter into a mutually acceptable settlement agreement with his firm concerning that sum.

To instigate a prompt choice between the two options, FINRA has suspended Dion until he makes the choice and provides proof to the regulator of that phase.  Moreover, the sooner he gets to that point, the sooner he can start a 30 business day suspension.  All in all, a to-the-point sanction.

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