More Reg BI Actions on The Way: FINRA Enforcement Chief

News February 06, 2024 at 01:46 PM
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Regulation Best Interest will continue to be a "priority area" for the Financial Industry Regulatory Authority this year, according to the broker-dealer self-regulator's enforcement chief, Bill St. Louis.

FINRA has "brought a number of cases involving the duty of care, excessive trading cases, cases involving products that were perhaps overconcentrated or products that were recommended to investors," St. Louis said in just-released episode of FINRA's Unscripted podcast. "But the brokers really didn't understand key aspects of the product, which led to investor harm."

Further, St. Louis explained, "there are a number of cases in the pipeline focused on the duty of care" as it relates to Reg BI compliance. "We also have brought and have other cases focused on other obligations of Regulation Best Interest. We have compliance obligation cases. We have disclosure obligation cases."

An example are cases involving failures to disclose certain conflicts "that people at the firm were being compensated by an issuer or people at the firm had a financial interest in an issuer that was perhaps like a private placement being conducted by the firm," St. Louis explained.

St. Louis succeeded Jessica Hopper last August as head of enforcement. Hopper stepped down last Feb. 3 after 18 years with the regulator.

Complex Products, AML, 'Faster Resolutions'

FINRA will also continue its look at complex products, St. Louis said — "how they're recommended, Regulation Best Interest, and also how they're marketed."

Rules around advertising "and making sure the communications are not misleading, etc." as well as anti-money laundering, or AML, will also be a priorities for FINRA, St. Louis added.

St. Louis relayed that he's heard from firms "around instances where they may get a phone call from Enforcement in a January saying, 'Hey, this case is with Enforcement, we'll be in touch.' And then the next time they hear from Enforcement may be months later, maybe to resolve the case."

Said St. Louis: "One of the things that I want to drive is not only faster resolutions, but more consistently communicating with firms, periodic check-ins to let firms know about the status of a matter so that we don't have long gaps of silence."

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