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.
December 2011 - View all for this month
Richard Scott From aka Richard Scott Winther (Principal)
AWC/2010021116001
AWC/2010021116001
From made
misrepresentations in emails
to individuals representing entities with whom he had done past
investment banking
business or hoped to conduct future investment banking business.
At that time, From and
his member firm were not actively engaged in any securities
business due to the firm’s
failure to maintain minimum required net capital.
In emails,
From stated that he was currently calling investors to recommend
investments in some
companies but, in fact, he never made any such calls. From merely
claimed he was doing
so in order to receive payment for his past investment banking
business with one of the
companies.
In an email, From
described the terms of a reverse
merger that he claimed he had recently completed when, in fact, he
did not participate
in the reverse merger at all, but was instead describing a deal a
different broker-dealer
he knew conducted. From’s purpose in making the false claim was to
generate future
investment banking business with the company.
In another email
to an individual representing another company, From represented
that he had already
obtained indications of interest from potential investors for an
offering of securities the
company contemplated, although he had not spoken to any potential
investors but merely
claimed he had done so for the purpose of generating future
investment banking business
with the company.
Richard Scott From aka Richard Scott Winther (Principal): Fined $5,000; Suspended 30 business days
Tags: Email Net Capital
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