Representation for Financial Professionals in Regulatory Investigations
Financial professionals who work for broker-dealers, RIAs or other financial services companies operate in a highly regulated industry overseen by the SEC, state regulators and other self-regulatory organizations such as FINRA and various exchanges.
Our attorneys understand this because we were formally senior attorneys in the SEC’s Division of Enforcement. We have represented clients in regulatory matters while working at Morgan Stanley and in private practice at some of the world’s largest law firms. Therefore, we understand the complexities that come with being the subject of a regulatory inquiry, and we have the experience to guide and advise you through any type of regulatory investigation.
For those under FINRA’s jurisdiction, you will likely receive a notice under FINRA Rule 8210 if you have been terminated for cause or if a client files an arbitration or civil lawsuit against you or your firm relating to your conduct. In these instances, FINRA has the authority to obtain documents, testimony and other information from you and your firm. For those who work with RIAs, the SEC and state regulators have the authority to obtain the same types of information through similar means.
Failing to take these inquires seriously, or ignoring them altogether, can result in significant fines and discipline, including a complete bar from working in the industry. As such, if you receive a notice of inquiry from a regulator, you should immediately call Lewitas Hyman. We will work to:
- Counsel you on the nature of the inquiry, your obligations and your rights
- Provide requested documents and information to the regulator if appropriate
- Present you for interviews or testimony
- Evaluate all defenses
- Advise you on settlement when appropriate
- Represent you during disciplinary hearings
- Appeal disciplinary decisions to the appropriate body as needed