Initiated By
FINRA
Allegations
SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934, SEC RULE 10B-9, NASD RULES 1021, 2110, 3010, 3012 - A MEMBER FIRM, ACTING THROUGH ACKERMAN, ALLOWED A REGISTERED REPRESENTATIVE OF THE MEMBER FIRM TO ACT AS AN UNREGISTERED PRINCIPAL OF THE FIRM. A MEMBER FIRM, ACTING THROUGH ACKERMAN, FAILED TO ESTABLISH, MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM AND WRITTEN PROCEDURES TO SUPERVISE THE ACTIVITIES OF EACH REGISTERED PERSON TO ACHIEVE COMPLIANCE WITH THE APPLICABLE RULES AND REGULATIONS. A MEMBER FIRM, ACTING THROUGH ACKERMAN, FAILED TO ENFORCE ITS SUPERVISORY SYSTEM AND WRITTEN PROCEDURES WITH RESPECT TO THE SECURITIES ACTIVITIES OF A BRANCH. THE FIRM, ACTING THORUGH ACKERMAN, FAILED TO PREPARE A WRITTEN INSPECTION REPORT THAT INCLUDED THE TESTING AND VERIFICATION OF ITS POLICIES AND PROCEDURES. THE FIRM, ACTING THORUGH ACKERMAN, FAILED TO ESTABLISH OR ENFORCE PROCEDURES FOR THE REVIEW BY A REGISTERED PRINCIPAL OF THE BUSINESS RELATED ELECTRONIC CORRESPONDENCE OF A BRANCH REGISTERED REPRESENTATIVES WITH THE PUBLIC. A FIRM, ACTING THROUGH ACKERMAN, FAILED TO DESIGNATE AND SPECIFICALLY IDENTIFY TO FINRA ONE OR MORE PRINCIPALS TO ESTABLISH, MAINTAIN AND ENFORCE A SYSTEM OF SUPERVISORY CONTROL POLICIES AND PROCEDURES. THE FIRM,ACTING THROUGH ACKERMAN, CAUSED THE RELEASE OF INVESTOR FUNDS FROM ESCROW BEFORE THE SATISFACTION OF A SALE ON A CONTINGENCY BASIS FOR THE RELEASE OF THE FUNDS. IN DOING SO THE FIRM WAIVED THE FEE IT WAS ENTITLED TO FOR WORK ON THE OFFERING, HOWEVER, THIS POSSIBILITY WAS NEVER DISCLOSED TO INVESTORS.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Monetary/Fine
Amount
$35,000.00
Sanctions
Suspension
Sanctions
REQUALIFICATION
Sanction Details
WITHOUT ADMITTING OR DENYING THE FINDINGS, ACKERMAN, CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS FINED $35,000 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY PRINCIPAL CAPACITY FOR THREE MONTHS AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY FOR 10 BUSINESS DAYS. THE SUSPENSION IN ANY PRINCIPAL CAPACITY IS IN EFFECT FROM OCTOBER 6, 2008 THROUGH JANUARY 5, 2009. THE SUSPENSION IN ANY CAPACITY IS IN EFFECT FROM OCTOBER 6, 2008 THROUGH OCTOBER 17, 2008. (CONT. IN COMMENTS)
Broker Comment
IN DOING SO THE FIRM WAIVED THE FEE IT WAS ENTITLED TO FOR WORK ON THE OFFERING, HOWEVER, THIS POSSIBILITY WAS NEVER DISCLOSED TO INVESTORS. THE FIRM FAILED TO MAINTAIN CHECKS RECEIVED AND FORWARDED BLOTTER IN A BRANCH OFFICE. THE FIRM FAILED TO FILE SUMMARY AND STATISTICAL INFORMATION FOR CUSTOMER COMPLAINTS BY THE 15TH DAY OF THE MONTH FOLLOWING THE CALENDAR QUARTER IN WHICH THEY WERE RECEIVED.