Despite a slowdown in the fines reported in 2015, the Financial
Industry Regulatory Authority (FINRA) has continued to flex its
enforcement muscle so far this year. During the first half of 2015,
FINRA reported $37.5 million in fines in its monthly Disciplinary and Other FINRA Actions
publications and its News Releases. In comparison, FINRA reported
fining broker-dealers and associated persons $42.4 million during the
first half of 2014 and $135 million for the entire year. If FINRA
continues to assess fines in 2015 at the current rate, the year-end
fines would total $75 million. This would represent a 44% decrease from
the total fines reported by FINRA in 2014. Despite this significant
decrease, a projected fine total of $75 million would still be the
second-highest amount of fines imposed by FINRA since the financial
crisis.
FINRA also ordered $8.3 million in restitution during the first six
months of 2015. While significant, this is a substantial decrease
compared to the $52 million FINRA ordered in 2014 (but an increase from
the $5.9 million in restitution FINRA ordered during the first six
months of 2014). However, there is often a significant increase in the
fines and restitution reported late in the year, which means the final
totals for 2015 will likely be even higher than the projected $75
million in fines and $17 million in restitution.
FINRA reported six “supersized” fines of $1 million or more during the
first six months of 2015, totaling $17.8 million. One 2015 case resulted
in a $10 million fine for alleged “widespread supervisory failures,”
including allegedly failing to timely report trades, deliver millions of
trade confirmations to customers, and properly supervise the sales of
variable annuities, real estate investment trusts (REITs), and
exchange-traded funds (ETFs).1 The firm was also ordered to
pay $1.7 million in restitution to customers. In comparison, during the
first six months of 2014, FINRA reported five “supersized” fines, but
those five cases totaled $20.4 million. In stark contrast to the
“supersized” fine cases reported during each of the first six months of
2014 and 2015, FINRA reported only two “supersized” fines during the
first six months of 2013, totaling $2.3 million.
Despite the significant decrease in fines during the first half of
2015, the number of disciplinary actions reported by FINRA decreased
only slightly compared to 2014.2 FINRA reported 553
disciplinary actions during the first six months of 2015, which is less
than a 1% decline compared to the first six months of 2014 (558
disciplinary actions). The percentage of 2015 cases that involved firms
(as opposed to only individuals) was identical to the first six months
of 2014 (36% for both years).
The Top Enforcement Issues for FINRA during the first half of 2015, in terms of the total fines reported in FINRA’s monthly Disciplinary and Other FINRA Actions reports and News Releases, were:
(1) Trade Reporting: $7.6 million in fines (72 cases);
(2) Short Selling: $4.2 million in fines (21 cases);
(3) Anti-Money Laundering: $2.4 million in fines (20 cases);
(4) Best Execution: $2.3 million in fines (25 cases); and
(5) Suitability: $2.2 million in fines (30 cases).3
These topics demonstrate that FINRA is continuing to focus on issues
that may appear to be administrative or technical, such as trade
reporting and best execution. It also appears that FINRA is focusing on
some of the same issues that it focused on in 2014, such as trade
reporting, anti-money laundering, and best execution.
The chart below demonstrates how the Top Enforcement Issues from 2014 fared during the first half of 2015:
Despite significant decreases in certain areas that appear to have been
priorities in 2014, the first six months of 2015 indicate that FINRA
will assess substantial fines this year, even if FINRA does not match
2014’s total fines. To try to avoid being sanctioned, firms should
continue to focus on nuts and bolts issues, such as disclosure,
suitability, AML and trade execution.
1 FINRA News Release, May 6,
2015,
https://www.finra.org/newsroom/2015/finra-sanctions-lpl-117-million-widespread-supervisory-failures.
2 FINRA defines disciplinary
actions as Letters of Acceptance, Waivers and Consents; Complaints; Rule
9522 suspensions; and Minor Rule Violations.
3 Many cases involve multiple
allegations, making it impossible to attribute the exact amount of any
particular fine to a specific allegation. The $10 million case
referenced above was not included in these subject-matter totals because
that case involved such a large fine and so many different allegations
it would have skewed all of the totals.