Finra going after rogue brokers

JAN 12, 2014
In its annual letter to broker-dealers listing its examination priorities, Finra included many areas on which it has focused in past years, such as structured products, suitability of investment recommendations and conflicts of interest. A new — and welcome — area it is turning its attention to this year is rogue brokers.

CHECKERED RECORDS

Unfortunately, rogue brokers have been around for a long time. They are the brokers who skip from firm to firm, racking up investor complaints, arbitration awards and enforcement actions along the way. The brokers depicted in the new Martin Scorsese film, “The Wolf of Wall Street,” were rogue brokers for sure, but there are many others who are not as flashy but whose misdeeds are often just as harmful. They hurt investors and the reputation of the firms they work for — although sometimes the firms themselves are just as guilty — and are a stain on the entire securities industry. The Financial Industry Regulatory Authority Inc. has said that this year, it will do more to monitor and prevent these serial offenders from causing additional mischief as they leave one firm for another. In some cases, they have been fired for disciplinary problems. In other cases, they were working for a troubled broker-dealer that was forced to shut down and are looking for new employment. Finra has put broker-dealers on notice that its examiners will be reviewing their due diligence on background checks for new hires, as well as the adequacy of supervision of high-risk brokers. Finra said it also will be paying close attention to the customer accounts of high-risk brokers as they review a firm's sales practices.

DOCUMENTATION

Since Finra has disclosed that it will have rogue brokers in its cross hairs, it behooves broker-dealers to make sure they are doing everything they can on the front end to not hire a problem employee. In the past, it sometimes has been hard to find out the exact circumstances of a broker's departure from a previous employer, because that employer did not want to be named in a defamation suit. That said, broker-dealers have to make sure they are getting all documentation pertinent to prospective employees' work histories before they are hired. Now that Finra is taking steps to get rid of its bad apples, legislators and government regulators should start looking at ways to make sure the pipeline between the securities and insurance industries is being monitored more closely. In some cases, problem insurance brokers have been able to restart their careers at securities firms and vice versa. InvestmentNews has documented several cases where stockbrokers have been barred from the securities industry by Finra or the Securities and Exchange Commission but have been able to retain their state insurance licenses. This gives them carte blanche to take advantage of investors and consumers in new ways that are just as devious as their past practices. It would be good to know that once individuals have been thrown out of one industry, they cannot simply start again in a related business and hurt more people.

Latest News

Edward Jones facing more race bias claims in new lawsuit
Edward Jones facing more race bias claims in new lawsuit

A private partnership, Edward Jones is a giant in the retail brokerage industry with more than 20,000 financial advisors.

Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team
Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team

Meanwhile, Raymond James and Tritonpoint Partners separately welcomed father-son teams, including a breakaway from UBS in Missouri.

SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures
SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures

Paul Atkins has asked staff to solicit public comment on novel ETFs, pausing the clock on as many as 24 filings linked to the booming event contracts market.

Private capital's $1 trillion bet on the American retirement account
Private capital's $1 trillion bet on the American retirement account

From 401(k)s to retail funds, Deloitte sees private equity and credit crossing into mainstream investing on two fronts at once.

Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May
Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May

Big-name defections from Morgan Stanley, UBS, and Merrill Lynch headline a busy two weeks of recruiting for the wirehouse.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management