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.
Kenneth Mark Carpenter
AWC/2008015174101
Carpenter was aware of and understood his member firm’s policies and procedures relating to personal use of the corporate credit card, but, nevertheless, used his corporate credit card to pay for personal expenses and for his personal use, charging a total of $9,338.48 in personal expenses to the card.
Kenneth Mark Carpenter: Barred
Bill Singer's Comment
You're going to have to bear with me on this one.  First off, let me make this crystal clear: I am NOT defending or excusing Carpenter's conduct. Okay -- do we at least have that premise straight?

However, these cases involving RRs misusing corporate expense allocations or credit cards bother me because they always seem so one-sided against the little guys.

Let me throw this out for purposes of making the point.  My recollection is that former Merrill Lynch & Co. Chief Executive Officer John Thain, left that firm in the wake of massive losses. However, I also recall that Thain apologized for incurring corporate expenses of $1,200,000 to renovate his office. 

Help me wrestle with the differences in these cases. Carpenter helped himself to some $9,000 from his firm for personal use and Thain spent $1.2 million to renovate his office.  The reason one gets charged but not the other is what?  As best I understand the tortured explanations, Carpenter engaged in what many call a "theft" but Thain's apparent misuse of corporate funds is what many call a "perk."  Ah...sure, that's it. Hmmm...you ever wonder if such crafty wordsmithing may have gotten us into this Great Recession to begin with?

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