On February 14, 2014, WealthManagement.com ran Patrick Mahoney’s editorial, Both Costly and Ineffective?, as part of his periodic column, The Legal Rep. A link to the article is available HERE. This week FINRA’s Board of Directors authorized FINRA to seek comment on a proposed rule that would require firms to “include a readily apparent reference and link […]
On January 17, 2014, WealthManagement.com ran Patrick Mahoney’s editorial, Surprise! How Did Forgotten, Minor Complaints Abruptly Appear on BrokerCheck, as part of his periodic column, The Legal Rep. A link to the article is available HERE. In 2010, FINRA amended Rule 8312 to require information concerning minor historic customer complaints be added to BrokerCheck records. Customer complaints that […]
On December 11, 2013, WealthManagement.com ran Patrick Mahoney’s latest editorial, FINRA’S Proposed Changes to the Broker Expungement Process, as part of his periodic column, The Legal Rep. A link to the article is available HERE. The article’s content is available below: In April 2012, FINRA released Regulatory Notice 12-18, which features FINRA’s proposed overhaul of […]
On November 22, 2013, WealthManagement.com ran Patrick Mahoney’s editorial Petty Crimes on Broker Records – Can they be Expunged?. A link to the article is available HERE. The article’s content is available below: FINRA rules require brokers to make extensive and often intrusive disclosures (vis-à-vis a broker’s Central Registration Depository (“CRD”) record) concerning their work and disciplinary […]
On August 19, 2013, InvestmentNews magazine ran an Op-Ed concerning broker expungement authored by Patrick Mahoney. The article is available HERE and a preview of it is below.
The first question brokers ask when contemplating whether or not to pursue expungement of an investor complaint from their publicly available Central Registration Depository (“CRD”) record is almost always, “What are the odds that I earn expungement?” Unfortunately, the answer to this question is an uninspiring, “It depends.” To contemplate why “it depends,” brokers must […]
Since FINRA implemented FINRA Rule 2111 (aptly named, the “Suitability Rule”) in July 2012, broker-dealers have been scrambling to update their internal systems and educate their brokers to prepare for the rigors of the rule change. Indeed, the Suitability Rule creates a totally ambiguous (and borderline impossible) standard that brokers are expected to meet before he […]
When an investor files a complaint against his or her stock broker and/or broker-dealer, the broker-dealer must disclose the allegations made in the complaint on the underlying stock broker’s Central Registration Depository (“CRD”) record. These disclosures almost always become publicly available via FINRA’s BrokerCheck (” FINRA BrokerCheck“) system—an online database that provides information about current and […]
On May 20, 2013 at 12:00 p.m. I will be a featured speaker at the Annual Securities Law Update before the San Diego County Bar Association. The title of my presentation is “Stock Broker Expungement – An Unknown Remedy.” Please follow the link below and sign up. If you can’t make it to downtown San Diego, the […]