Originally published in the Journal of Investment Compliance, September 2012.

Abstract -

Purpose - The paper’s aim is to describe a recent increase in FINRA enforcement activity and to discuss how broker-dealers and representatives may want to prepare themselves for FINRA’s increasing willingness to sanction members in the wake of the recent financial crisis. Design/methodology/approach - The paper analyzes FINRA’s recent enforcement record, including trends over the past several years in disciplinary actions and fines. It also discusses FINRA’s top enforcement issues in 2011; advertising, short selling, auction rate securities, and suitability; and recommends increased compliance efforts in light of FINRA’s growing aggressiveness.

Findings - It is important that firms and representatives understand how the priorities of this self-regulatory organization have changed since the financial crisis, fueling this recent growth in FINRA enforcement activity. Originality/value - The paper offers practical guidance from experienced financial services lawyers.

Keywords - Financial institutions, United States of America, Enforcement, Broker dealer, Registered representative, Law enforcement.

Paper type - Technical paper.

After a substantial decline in FINRA enforcement activity in the years immediately preceding the recent financial crisis, broker-dealers (BDs) and registered representatives are faced with a potentially daunting new reality: an active regulator that is bringing a lot more cases and imposing a lot more fines. Since 2008, the number of disciplinary cases filed by FINRA annually has jumped nearly 39 percent and the fines levied have increased by 143 percent.