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
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  
Bill Singer's Comment
One of those oddball cases in which someone got into trouble not so much for what he did as for what he didn't do (but was claiming to have done).
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