The Disciplinary Action and Investigation Process
If you are accused of a rule violation, our experienced disciplinary action attorneys can help you through each stage of the process, including:
- Responding to the initial request for documents and information
- Representing you at an “on-the-record” interview
- Responding to a “Wells notice” from FINRA or the SEC
- Responding to a FINRA or SEC complaint alleging rule violations
- Presenting your defenses and mitigating factors at a hearing
We can help you respond to a FINRA, SEC or other agency request for documents and information. If the agency determines from its review of the submitted documents and information that no rule violation occurred, the investigation will end there.
You may be required to give a recorded interview, under oath, to answer the investigator’s questions. We can help you prepare for the interview, and represent you during the interview.
If you receive a “Wells notice” letter from FINRA or the SEC informing you that an enforcement action against you is planned, you have an opportunity to respond to the letter and present reasons why an enforcement action would be inappropriate. We can advise you whether a “Wells submission” is prudent and, if so, help you prepare it.
If an SEC or FINRA complaint is filed against you, we can work with you to prepare your answer. If you do not file an answer, sanctions may be entered against you by default.
You are entitled to a hearing. We can present evidence and arguments supporting your defenses, or seeking to minimize any sanction against you.
We will give you our candid evaluation of your potential exposure and options. We will guide you through the process and be prepared to vigorously defend you from an unfounded or overreaching prosecution. We will advise you when it is in your interest to settle and will negotiate for you, seeking a resolution that will have the least possible impact on your career.
We can also represent you if you are being investigated by the Certified Financial Planner Board of Standards or The American College of Financial Services. Violations can affect an advisor’s Certified Financial Planner® or Chartered Financial Consultant® accreditations and certifications.
Contact Moulton & Arney, LLP for a free initial consultation with a securities lawyer experienced in handling disciplinary actions. We represent financial advisors, registered representatives, investment advisors and securities brokers nationwide in disciplinary investigations, employment claims and disputes, and transition issues.