Reining in expungements

Move to restrict broker expungement should improve confidence that the arbitration system is fair to investors.
OCT 20, 2015
The vote by the Finra Board of Governors to make it more difficult for brokers to expunge black marks from their public records is welcome, and should improve confidence that the arbitration system is fair to investors. When, as a study by the Public Investors Arbitration Bar Association showed, up to 90% of expungement requests were granted by arbitration panels, something is clearly out of whack. It is unlikely that 90% of brokers who have upset their clients enough to prompt an arbitration award have completely reformed their ways and deserve to have their records cleared. The fact that such a high percentage of expungement requests is granted throws a cloud over the whole arbitration system, suggesting it is biased in favor of brokers. The move by the board of the Financial Industry Regulatory Authority Inc. rightly reminds arbitrators that expungement is an extraordinary remedy that should be granted only under “appropriate circumstances.”

PROVIDING MORE DETAILS

The board said customer dispute information should be expunged “only when it has no meaningful investor protection or regulatory value.” It is appropriate also that an arbitration board should provide more details of the rationale for granting any expungement, and should examine a broker's BrokerCheck report when making the decision. Arbitration panels are supposed to determine if an investor has been wronged by a broker and, if so, to redress the wrong in a fair and expeditious manner. An unspoken responsibility is to help protect other investors from broker misbehavior or carelessness. Therefore, arbitrators must not be too ready to expunge awards against brokers. Such records are important information for investors to have when deciding whether or not to trust their hard-earned savings to a particular broker. Finra's action builds on the protection provided last year when the SEC approved a rule that prevents firms from including in settlement agreements a stipulation that claimants would not oppose expungement. Finra could take one more step: Make more effort to ensure the claimant in a dispute attends any expungement hearing, though if arbitration panels follow the new instructions, this should become less important.

Latest News

Advisor moves: FiNet practice Merrit Point tucks in $1B Truist team in Florida debut
Advisor moves: FiNet practice Merrit Point tucks in $1B Truist team in Florida debut

Elsewhere, a Commonwealth team in Massachusetts converts to Cetera, while Janney draws four former Wells Fargo advisors to its Radnor, Pennsylvania office.

Trader used firm ties to freeze $3.6 million, investors allege
Trader used firm ties to freeze $3.6 million, investors allege

Clients say he copied the boss on his emails - and now they can't touch their cash.

CFTC alleges North Carolina fund manager faked profits, lost $8.6 million
CFTC alleges North Carolina fund manager faked profits, lost $8.6 million

He wired millions to his own accounts and told investors the fund was winning.

OnePoint BFG taps RISR as advisors chase business-owner clients
OnePoint BFG taps RISR as advisors chase business-owner clients

The partnership arrives as most small business owners near retirement age still don't have a formal succession plan in place.

Trust & Will cuts staff amid restructuring, AI disruption
Trust & Will cuts staff amid restructuring, AI disruption

A spokesperson for the estate planning fintech cited AI's reshaping of the industry as Trust & Will restructures its business.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.