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Regulatory Sanctions

Violating Regulation NMS

July 5, 2018

by Howard Haykin

 

In June 2018, FINRA reported sanctions against 3 firms for violations of Regulation NMS [SEC Rules 611(a) and 611(c)], Books and Records [SEA Rule 17a-3(a)(6) and FINRA Rule 4511], and/or Transaction Reporting [FINRA Rule 6380A(a)(5)(1)].

 

Merrill Lynch, Pierce, Fenner & Smith (AWC #2013037652201) agreed to pay a $115K fine revise its WSPs to settle FINRA charges that it failed to establish, maintain and enforce written policies and procedures that were reasonably designed to prevent trade-throughs of protected quotations in National Market System (NMS) stocks that do not fall within any applicable exception, and if relying on an exception, were reasonably designed to assure compliance with the terms of the exception. The violations occurred during the following periods: September and October 2012; January through March 2013; and, January through March 2014.

 

Wedbush Securities (AWC #2014041261702) agreed to pay a $40K fine and revise its WSPs to settle FINRA charges that it failed to establish, maintain and enforce WSPs that were reasonably designed to prevent trade-throughs of protected quotations in NMS stocks that did not fall within any applicable exception, and if relying on an exception, were reasonably designed to assure compliance with the terms of the exception. The violations occurred during the period, January 2014 through September 3, 2015.

 

JPMorgan Securities (AWC #2015045281404) agreed to pay total fines of $345K ($40K payable to FINRA) and revise its WSPs to settle charges by FINRA and various exchanges that, due to various proprietary system flaws and deficiencies, the firm on numerous occasions routed intermarket sweep orders (ISOs) through protected quotations. The violations occurred during the period, January 2009 through May 2017.

 

 

For details on any of these cases, click on ...  FINRA Disciplinary Actions Online, and refer to the respective AWC Number.]