ARTICLE
14 March 2018

NFA Charges Introducing Broker For Recordkeeping And Supervisory Violations

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The National Futures Association ("NFA") Business Conduct Committee charged an introducing broker and an associated person ("AP") for failure to meet recordkeeping and supervisory requirements
United States Corporate/Commercial Law

The National Futures Association ("NFA") Business Conduct Committee charged an introducing broker and an associated person ("AP") for failure to meet recordkeeping and supervisory requirements. The requirements, which include recording and recordkeeping of conversations with customers, are part of a regulatory scheme applied to firms that hire a large percentage of persons with disciplinary histories or that have previously worked for disciplined firms in the industry.

In an investigation conducted in June 2017, the NFA Business Conduct Committee found that Traders Edge, Inc. ("Traders Edge") was not complying with recordkeeping requirements for telephone calls. Between March 1 and June 1, 2017, Traders Edge did not record telephone calls, nor were its associated persons able to produce written reviews of recorded calls. Edward F. Carr, Jr., an AP at Traders Edge, was also charged by the NFA for failing to supervise its operations and regulatory compliance.

Following the NFA's proceedings, Traders Edge and Mr. Carr may face penalties that include fines of up to $250,000 for each violation, along with suspensions or expulsions.

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