Initiated By
FINRA
Allegations
Respondent Shimko failed to pay an industry arbitration award and failed to prove that he has a bona fide inability to pay the award.
Resolution
Decision
Sanctions
Monetary Penalty other than Fines
Amount
$2,710.56
Sanctions
Suspension
Registration Capacities Affected
All Capacities
Duration
Indefinite
Duration Explanation
Continues until the arbitration award has been paid in full, including the attorneys' fees Shimko was ordered to pay; (ii) Respondent and his former member firm have agreed to settle the matter (and he is in compliance with the settlement terms); or (iii) Respondent has a petition pending in a United States Bankruptcy Court
Start Date
9/15/2020
Regulator Statement
Expedited Proceeding No. ARB200002: Pursuant to Article VI, Section 3 of FINRA By-Laws, and FINRA Rule 9554, Respondent Shimko is suspended on September 15, 2020 for failure to pay an industry arbitration award and failure to prove that he has a bona fide inability to pay the award. This proceeding arises from the failure of Shimko to pay an arbitration award issued in a dispute between him and his former FINRA member firm. In response to a Notice of Suspension pursuant to FINRA Rule 9554 for failure to pay the award, Shimko asserted as a defense that he had a bona fide inability to pay the award. Shimko stayed the suspension by timely filing a request for hearing. Shimko had the burden to prove his inability to pay the arbitration award. He failed to meet his burden. Shimko is also required to pay the hearing costs of $2,710.56.
Broker Comment
Expedited Proceeding No. ARB200002: Pursuant to Article VI, Section 3 of FINRA By-Laws, and FINRA Rule 9554, Respondent Shimko is suspended on September 15, 2020 for failure to pay an industry arbitration award and failure to prove that he has a bona fide inability to pay the award. This proceeding arises from the failure of Shimko to pay an arbitration award issued in a dispute between him and his former FINRA member firm. In response to a Notice of Suspension pursuant to FINRA Rule 9554 for failure to pay the award, Shimko asserted as a defense that he had a bona fide inability to pay the award. Shimko stayed the suspension by timely filing a request for hearing. Shimko had the burden to prove his inability to pay the arbitration award. He failed to meet his burden. Shimko is also required to pay the hearing costs of $2,710.56.