More On Legal & Compliancefrom The Advisor's Professional Library
- The New and Improved Form ADV Whether an RIA is describing its investment strategy in advertisements or in the new Form ADV Part 2, it is important the firm articulates material risks faced by advisory clients and avoids language that might be construed as a guarantee.
- U.S. Securities and Exchange Commission Information This information sheet contains general information about certain provisions of the Investment Advisers Act of 1940 and selected rules under the Advisers Act. It also provides information about the resources available from the SEC to help advisors understand and comply with these laws and rules.
FINRA board member Joel Blumenschein has resigned as he was recently fined $30,000 and suspended by FINRA for allegedly failing to supervise one of his company’s brokers, Gary Gossett.
The complaint against Blumenschein, president of Freedom Investors, claimed that Gossett made “a series of unsuitable penny stock trades in the retirement account of a customer of limited means” without the customer’s permission.
FINRA described Freedom Investors' oversight system as “so inadequate that Blumenschein was unable to provide a consistent or coherent description of it.” FINRA also claimed in the settlement that “his testimony, under oath, was at times both evasive and contradictory, thus highlighting the system's inadequacies.”
Tracy Stoneman of Stoneman Law Firm in Westcliffe, Colo., said in a statement that she has long felt that FINRA and its predecessor, the National Association of Securities Dealers, have been “soft" on their members. She penned a book in 2002 titled “Brokerage Fraud: What Wall Street Doesn't Want you to Know,” in which she criticized the regulators for being incapable of properly supervising their own members because of the “conflict in not wanting to bite the hand that feeds it.”
Stoneman, who’s about to write another book that she says will “have even harsher criticism of the regulators,” said that the recent FINRA board member sanction is a perfect example of a serious problem in the upper ranks of FINRA “when board members participate in the same wrongful activity that FINRA is charged with supervising.”