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.
February 2010 - View all for this month
Dome Securities Corp.
AWC/2009016131601
The Firm contracted with a third-party vendor for purposes of email retention, but did not implement an audit system regarding email storage and was therefore unaware that the vendor did not adequately retain certain emails. As a result, the firm failed to retain emails during that period.
Dome Securities Corp. : Censured; Fined $30,000
Tags: Email  
Bill Singer's Comment
Okay. . . on the one hand, I get it.  The member firm hired a third-party provider and that third party should have retained emails in some more compliant manner.  I wish that FINRA fleshed this out a bit so that we knew whether there was a failure to retain any, some, or all emails for a given period of time.  However, the gist here seems to be that the member firm also failed to monitor what its third-party provider was or wasn't doing. That latter lapse is likely more the point.

On the other hand (yeah, now we're here), if the third-party provider marketed itself as savvy on email retention matters and had other industry clients and this omission was an oversight by the provider or a system glitch, then $30,000 is a pretty large number.

All of which brings me back to a long-standing quibble that I have with many regulatory sanctions.  There has to be serious consideration given to intentional and inadvertent violations, and just because a settling respondent has the bucks to pay $X in fines, doesn't mean that a regulator should be happy to get the dollars.  The problem is that the next firm down the line may not be so flush with cash and FINRA will point to the $X settlement as some precedent.
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