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Regulation and Compliance > Federal Regulation > FINRA

Madoff Scandal Changes FINRA Exam Process

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WASHINGTON BUREAU — The Financial Industry Regulatory Authority is responding to the criticism prompted by the Bernard Madoff scandal by intensifying its exam process.

Richard Ketchum, chairman of FINRA, Washington, talked about the changes here earlier this week at a regulatory conference organized by the Insured Retirement Institute, Washington.

Ketchum said FINRA has added 20 more coordinators to its district staff, for a total of 90 district staff dedicated to the surveillance function.

“Our goal is to have a much more in-depth understanding of your firms and how they are changing from the standpoint of business model, products and market events,” Ketchum said.

He said FINRA examiners are using both paper and electronic means to verify that customer assets exist and are being held on behalf of customers in secure locations.

“We are using more sophisticated risk analysis to help ensure our examiners are asking the right questions when they walk in the door,” Ketchum said.

Ketchum added that FINRA examiners are also paying closer attention to branch-level activity–increasing the number of branch exams, and refocusing exams at point-of-sale.

“The examination staff is spending more time on site at the branch offices and, depending on the firm, less time at the main office,” Ketchum said. “The point of sale and interface is where we have historically found troubling conduct, so we want to better target our resources. There will be a number of core areas that examiners will look at during these on-site examinations, and likely engage in more dialogue with branch management as part of that process.”

To help target examination protocols, FINRA is developing comprehensive profiles of a firm’s business model and underlying risks.

FINRA will be making more changes to the exam program over the next two to three years, Ketchum said.

“These changes are focused on broader data collection and more sophisticated analysis of that data, with the goal of having our examiners better prepared when they arrive at firms,” he said. “We will also be asking firms to provide detailed securities and financial transactional data, including purchase and sales data, customer data and data about the broker.”

For the last few years, FINRA has been working with the largest carrying and clearing firms to receive data in a standardized format that enables us to test for compliance with the customer protection rule and to electronically perform comparison to outside custodians, Ketchum said.

“Ultimately, we will work with the industry to develop standard data feeds that can be subjected to risk and compliance scenarios,” Ketchum said. “These approaches will enable our examiners to be more effective when it comes to identifying the issues that deserve their attention.”

Ketchum said examiners will devote more time to understanding risks and how well they are managed or mitigated.

“The new examination technology we are developing supports greater emphasis on open-ended risk-based reviews that require a more complete understanding of your business and the areas that are vulnerable to breakdowns in controls,” Ketchum said.

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