Enforcement Actions
Financial Industry Regulatory Authority (FINRA)
CASES OF NOTE
2010
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.
Jessie Everett Airington
AWC/2008015428301
Registered Principal Airington consented to the described sanctions and to the entry of findings that he executed transactions in a public customer’s account using time and price discretion that the customer had previously verbally granted him, without reconfirming with the customer his desire to execute the transactions. Airington executed the transactions without the customer’s prior written authorization and without his member firm ’s acceptance of the account as discretionary.
Jessie Everett Airington: Fined $5,000; Suspended 10 business days in all capacities
Bill Singer's Comment

Notwithstanding the requirements of proposed FINRA Rule 3260(a), members may exercise:

  1. time or price discretion given by a customer during a normal trading session, provided that such discretion is only valid during that session; or
  2. time or price discretion given by a customer after the close of a normal trading session, provided that such discretion is only valid during the next normal trading session.

Such limited time or price discretionmay be given orally by a customer. The proposed change has no impact on the duration of good-‘til-canceled orders for institutional accounts (as set forth in current NASD Rule 2510(d)(1)).

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