by Howard Haykin

While FINRA ordered each of the 12 broker-dealers to compensate impacted customers for actual estimated excess sales charges and 12b-1 fees – totaling nearly $11 million, plus pre-judgment interest – only 3 of the firms were hit with fines, totaling $195,000.

• Investment Centers of America ($60,000);
• National Planning Corp. Investment Centers of America ($60,000);
• SII Investments ($75,000).

What did these 3 firms do to warrant fines in addition to the orders to pay restitutions and pre-judgment interest? Apparently, NOTHING!  

Fact is, FINRA praised these 3 firms, as well as the other 9 firms, in each respective AWC Letter with the following notation [bold emphasis provided by Financialish]:

“OTHER FACTORS.”

 In resolving this matter, FINRA has recognized the extraordinary cooperation of [Firm Name] for having:

(1)  initiated, prior to detection or intervention at the Firm by a regulator, an investigation to identify whether Eligible Customers received sales charge waivers during the relevant period;

(2)  promptly established a plan of remediation for Eligible Customers who did not receive appropriate sales charge waivers;

(3)  promptly self-reported to FINRA;

(4)  promptly taken action and remedial steps to correct the violative conduct; and,

(5)  employed subsequent corrective measures, prior to detection or intervention at the Firm by a regulator, to revise its procedures to avoid recurrence of the misconduct.

FINANCIALISH TAKE AWAYS.    The only apparent mistake these 3 firms made was to be the first firms caught by FINRA with having “cheated” retirement plan and charitable organization customers on Mutual Fund Fee Waivers. In my opinion, these firms' cases should have been handled in a similar manner in which FINRA handled the latter 9 cases - even if means retroactive reversal of fines. 

Would you seek reimbursement from FINRA for if your firm had been unfairly sanctioned?

 

Shouldn't firms have the right to seek (partial) reversal of sanctions if, in the months following their AWC Letters, they learned that others were held to a different standard?

Financialish.com believes the above 3 firms have rights and a valid argument. It's up to them to exercise those rights.