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.

Fifth Third Securities, Inc. and Cynthia Lynn Davenport (Principal)
AWC/2007007333001

Acting through Davenport and other individuals, the Firm 

• failed to obtain written consent to conduct Web CRD searches pertaining to individuals not seeking registration or assignment with the firm, and 
• falsely certified that written consent had been obtained fromthe individuals whose CRD records were searched.

The Firm failed to establish and maintain adequate written procedures to supervise the use of Web CRD, and failed to adequately train and supervise all of the employees who were permitted access to Web CRD to ensure that the requisite written consents were obtained prior to conducting all Web CRD searches. 

Fifth Third Securities, Inc.: Censured; Fined $20,000 ($5,000 jt/sev with Davenport)

Cynthia Lynn Davenport (Principal): Fined $5,000 jt/sev with Firm; Suspended 2 months in all capacities