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.
September 2011 - View all for this month
Carmela Lina Moro Knieriem
AWC/2010024724901
Knieriem was a registered customer service associate in a branch of her member firm, where she was assigned to assist branch financial advisors and other employees, including the branch manager, with administrative duties, including preparation of certain internal administrative forms in documenting and processing requests the branch manager or financial advisor received verbally from a customer. Knieriem prepared the forms for approval and signed the names of the relevant firm employee who received the verbal instruction without authorization to sign the forms and submitted them for processing.
Carmela Lina Moro Knieriem : Fined $5,000; Suspended 60 days
Tags: Signature  
Bill Singer's Comment

I keep re-reading the charge here and, frankly, I find myself scratching my head because although I think that I understand, to a limited extent, what happened here, I'm not exactly sure I understand how this added up to both a $5,000 fine and a 60-day suspension. 

The customer service representative prepared an internal administrative form (that's worth repeating: it's an internal form that's used only for administrative purposes).  This form was used to document and process for branch managers and FAs,  requests received "verbally" from a customer.  FINRA charged this service rep for preparing the form that apparently accurately reflected the customer's verbal request but the service rep engaged in the apparently violative activity of signing the manager/FA's name on the internal administrative form. 

I'd like to know how many other service reps at this member firm had engaged in this same "signing" practice and for how long.  I'd also like to know whether it's FINRA's position that the managers and FAs involved were shocked, absolutely shocked, when they learned that all of these customer requests were processed without their signatures -- and then I'd like to know just how the hell those managers and FAs thought the requests were submitted on those forms if they hadn't signed them.

When I looked up the underlying AWC, I learned that FINRA charged Knieriem with having engaged in the misconduct between March and September 2010 (that's six months) and having submitted ten "forged" forms on behalf of three FAs and one manager.

As you can tell, I'm not exactly thrilled with what I view as the harsh nature of this sanction.  It may be justified but not solely based upon the facts presented by FINRA, as far as I'm concerned.

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