ARTICLE
14 December 2020

Firm Settles FINRA Charges For Supervisory Failures Over Executive Communications

CW
Cadwalader, Wickersham & Taft LLP

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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.
A firm settled FINRA charges for failing to review "sensitive information" contained in electronic communications made by certain associated persons involved in the firm's securities business.
United States Finance and Banking
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A firm settled FINRA charges for failing to review "sensitive information" contained in electronic communications made by certain associated persons involved in the firm's securities business.

In a Letter of Acceptance, Waiver and Consent, FINRA stated that the firm did not have a process in place to monitor the electronic communications of "non-producing members of senior management . . . that handle sensitive information," including senior executives, such as the heads of the banking, equity, fixed income and futures divisions. FINRA found that the firm's failure to monitor such executives' communications violated FINRA Rules 3110(a) ("Supervision; Supervisory System") and 2010 ("Standards of Commercial Honor and Principles of Trade").

To settle charges, the firm agreed to (i) a censure, (ii) pay a $40,000 fine and (iii) remediate the issues identified.

Primary Sources

  1. FINRA AWC: Mizuho Securities USA LLC

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