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.
Ralph Charles Johnson (Principal)
AWC/2008013469901
Johnson effected discretionary transactions in a customer’s securities account. Johnson had a verbal agreement with the customer to exercise discretion in the account, but he did not obtain prior written authorization from the customer and his member firm’s acceptance of the account as discretionary.
Ralph Charles Johnson (Principal): Fined $5,000; Suspended 10 business days
Tags: Discretion  
Bill Singer's Comment
The old "verbal" discretion trap. As I've noted so often over the years -- there is really no such thing as far as the regulators are concerned (with the limited exception of certain Time & Price Discretion situations).  If you're trading solely on the basis of verbal discretion, even if the customer will swear on a stack of Bibles that he or she agreed to let you exercise discretion, then you may likely wind up with a fine and a sit-down.  Get it in writing. Give it to your firm. Get their okay back in writing.
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