Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Private Funds
Private funds reported by Goldman Sachs & Co.. LLC
Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to Goldman Sachs & Co.. LLC.
No indirect ownership information reported in the source’s Schedule B.
Reported ownership and control details
Form ADV · Filing date 2026-07-27 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | THE GOLDMAN SACHS GROUP, INC.CLASS A MEMBERDomestic entity | GOLDMAN SACHS & CO. LLC | 75% or moreCode E | Yes | CLASS A MEMBER04/2017 | Schedule APDF page 103 |
| 2 | DAVID MICHAEL SOLOMONMANAGING DIRECTOR, MANAGERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | Yes | MANAGING DIRECTOR, MANAGER04/2017 | Schedule APDF page 103 |
| 3 | THOMAS FAIRBANKS MATTHIASCHIEF COMPLIANCE OFFICERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | No | CHIEF COMPLIANCE OFFICER09/2017 | Schedule APDF page 103 |
| 4 | JOHN EDWARD WALDRONMANAGING DIRECTOR, CEO, MANAGERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | Yes | MANAGING DIRECTOR, CEO, MANAGER12/2018 | Schedule APDF page 104 |
| 5 | BRIAN RICHARD DOYLEMANAGING DIRECTOR, CFOIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | No | MANAGING DIRECTOR, CFO11/2019 | Schedule APDF page 104 |
| 6 | DENIS PATRICK III COLEMANMANAGING DIRECTOR, MANAGERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | Yes | MANAGING DIRECTOR, MANAGER01/2022 | Schedule APDF page 104 |
| 7 | MARK MCCASKILLMANAGING DIRECTOR, PRINCIPAL OPERATIONS OFFICERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | No | MANAGING DIRECTOR, PRINCIPAL OPERATIONS OFFICER06/2022 | Schedule APDF page 104 |
| 8 | BRIAN MICHAEL GREEFFCO-PRINCIPAL OPERATIONS OFFICERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | No | CO-PRINCIPAL OPERATIONS OFFICER09/2023 | Schedule APDF page 104 |
| 9 | CARMINE ANTHONY VENEZIACHIEF COMPLIANCE OFFICERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | No | CHIEF COMPLIANCE OFFICER02/2025 | Schedule APDF page 104 |
| 10 | MICHAEL SCOTT BOSWORTHMANAGING DIRECTOR, GENERAL COUNSEL, MANAGERIndividual | GOLDMAN SACHS & CO. LLC | Less than 5%Code NA | Yes | MANAGING DIRECTOR, GENERAL COUNSEL, MANAGER07/2026 | Schedule APDF page 104 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 7/27/2026 1:25:10 PM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
AFelonies1 Yes1 No
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?No
- A2Been charged with a felony?Yes
BMisdemeanors2 Yes
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?Yes
- B2Been charged with a misdemeanor of the kind listed above?Yes
CSEC or CFTC actions4 Yes1 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?Yes
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?Yes
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?Yes
DOther regulatory actions4 Yes1 No
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?Yes
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?Yes
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?Yes
ESelf-regulatory organization actions2 Yes2 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?Yes
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?Yes
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 Yes
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?Yes
GPending regulatory proceedings1 Yes
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?Yes
HCivil judicial actions and proceedings4 Yes
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?Yes
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?Yes
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?Yes
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?Yes
Additional DRP filings 526 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
criminal · block 1PDF pages 106–107
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.A. or 11.B. of Form ADV. Criminal Check item(s) being responded to: 11.A(1) 11.A(2) 11.B(1) 11.B(2) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. Multiple counts of the same charge arising out of the same event(s) should be reported on the same DRP. Unrelated criminal actions, including separate cases arising out of the same event, must be reported on separate DRPs. Use this DRP to report all charges arising out of the same event. One event may result in more than one affirmative answer to the items listed above. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 7417489 This advisory affiliate is a Firm an Individual Registered: Yes No Name: Scott, Seth (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. If charge(s) were brought against an organization over which you or an advisory affiliate exercise(d) control: Enter organization name, whether or not the organization was an investment-related business and your or the advisory affiliate's position, title, or relationship. 2. Formal Charge(s) were brought in: (include name of Federal, Military, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case number). 3. Event Disclosure Detail (Use this for both organizational and individual charges.) A. Date First Charged (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: B. Event Disclosure Detail (include Charge(s)/Charge Description(s), and for each charge provide: (1) number of counts, (2) felony or misdemeanor, (3) plea for each charge, and (4) product type if charge is investment-related). C. Did any of the Charge(s) within the Event involve a felony? Yes No D. Current status of the Event? Pending On Appeal Final E. Event Status Date (complete unless status is Pending) (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Disposition Disclosure Detail: Include for each charge (a) Disposition Type (e.g., convicted, acquitted, dismissed, pretrial, etc.), (b) Date, (c) Sentence/Penalty, (d) Duration (if sentence - suspension, probation, etc.), (e) Start Date of Penalty, (f) Penalty/Fine Amount, and (g) Date Paid. 5. Provide a brief summary of circumstances leading to the charge(s) as well as the disposition. Include the relevant dates when the conduct which was the subject of the charge(s) occurred. (Your response must fit within the space provided.)
criminal · block 2PDF pages 107–109
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.A. or
11.B. of Form ADV.
Criminal
Check item(s) being responded to:
11.A(1)
11.A(2)
11.B(1)
11.B(2)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
Multiple counts of the same charge arising out of the same event(s) should be reported on the same DRP. Unrelated criminal actions, including separate
cases arising out of the same event, must be reported on separate DRPs. Use this DRP to report all charges arising out of the same event. One event may
result in more than one affirmative answer to the items listed above.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
MTGLQ INVESTORS, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. If charge(s) were brought against an organization over which you or an advisory affiliate exercise(d) control: Enter organization name, whether or not
the organization was an investment-related business and your or the advisory affiliate's position, title, or relationship.
MTGLQ INVESTORS, L.P. ("MTGLQ"), A DELAWARE LIMITED PARTNERSHIP INVESTING IN VARIOUS REAL ESTATE TRANSACTIONS, AND A SUBSIDIARY OF
THE GOLDMAN SACHS GROUP, INC.
2.
Formal Charge(s) were brought in: (include name of Federal, Military, State or Foreign Court, Location of Court - City or County and State or Country,
Docket/Case number).
CLEVELAND MUNICIPAL COURT, CITY OF CLEVELAND, OHIO, SECTION 367.12(C) OF THE CITY OF CLEVELAND, OHIO CODIFIED ORDINANCES
3.
Event Disclosure Detail (Use this for both organizational and individual charges.)
A. Date First Charged (MM/DD/YYYY):
01/06/2010
Exact
Explanation
If not exact, provide explanation:
COMPLAINTS IN THIS PROCEEDING WERE FILED IN 2009. MTGLQ DID NOT RECEIVE THE COMPLAINTS UNTIL JANUARY 6, 2010.
B.
Event Disclosure Detail (include Charge(s)/Charge Description(s), and for each charge provide: (1) number of counts, (2) felony or misdemeanor,
(3) plea for each charge, and (4) product type if charge is investment-related).
ON AUGUST 26, 2010, MTGLQ ENTERED A PLEA OF "NO CONTEST" TO A MISDEMEANOR VIOLATION OF SECTION 367.12(C) OF THE CITY OF
CLEVELAND, OHIO CODIFIED ORDINANCES IN FOUR CASES FILED IN CLEVELAND MUNICIPAL COURT. THE CLEVELAND ORDINANCE REQUIRES A
SELLER OF REAL PROPERTY TO FURNISH TO THE PURCHASER A CERTIFICATE OF DISCLOSURE ADDRESSING THE CONDITION OF THE PROPERTY
BEFORE ENTERING INTO A CONTRACT FOR SALE; EACH VIOLATION OF THE ORDINANCE CARRIES A MAXIMUM FINE OF $5,000. RATHER THAN
IMPOSE THE MAXIMUM FINE, THE CLEVELAND MUNICIPAL COURT REDUCED THE TOTAL FINE TO A SUM OF $2,500 PER VIOLATION, OR $10,000 IN
TOTAL.
C.
Did any of the Charge(s) within the Event involve a felony?
Yes
No
D.
Current status of the Event?
Pending
On Appeal
Final
E.
Event Status Date (complete unless status is Pending) (MM/DD/YYYY):
08/26/2010
Exact
Explanation
If not exact, provide explanation:
4.
Disposition Disclosure Detail:
Include for each charge (a) Disposition Type (e.g., convicted, acquitted, dismissed, pretrial, etc.), (b) Date, (c) Sentence/Penalty, (d) Duration (if
sentence - suspension, probation, etc.), (e) Start Date of Penalty, (f) Penalty/Fine Amount, and (g) Date Paid.
ON AUGUST 26, 2010, MTGLQ ENTERED A PLEA OF "NO CONTEST" TO A MISDEMEANOR VIOLATION OF SECTION 367.12(C) OF THE CITY OF CLEVELAND,
OHIO CODIFIED ORDINANCES IN FOUR CASES FILED IN CLEVELAND MUNICIPAL COURT. RATHER THAN IMPOSE THE MAXIMUM FINE, THE CLEVELAND
MUNICIPAL COURT REDUCED THE TOTAL FINE TO A SUM OF $2,500 PER VIOLATION, OR $10,000 IN TOTAL, TO BE PAID BY OCTOBER 1, 2010.
5.
Provide a brief summary of circumstances leading to the charge(s) as well as the disposition. Include the relevant dates when the conduct which was
the subject of the charge(s) occurred. (Your response must fit within the space provided.)
ON AUGUST 26, 2010, MTGLQ ENTERED A PLEA OF "NO CONTEST" TO A MISDEMEANOR VIOLATION OF SECTION 367.12(C) OF THE CITY OF CLEVELAND,
OHIO CODIFIED ORDINANCES IN FOUR CASES FILED IN CLEVELAND MUNICIPAL COURT. THE CLEVELAND ORDINANCE REQUIRES A SELLER OF REAL
PROPERTY TO FURNISH TO THE PURCHASER A CERTIFICATE OF DISCLOSURE ADDRESSING THE CONDITION OF THE PROPERTY BEFORE ENTERING INTO
A CONTRACT FOR SALE; EACH VIOLATION OF THE ORDINANCE CARRIES A MAXIMUM FINE OF $5,000. RATHER THAN IMPOSE THE MAXIMUM FINE, THE
CLEVELAND MUNICIPAL COURT REDUCED THE TOTAL FINE TO A SUM OF $2,500 PER VIOLATION, OR $10,000 IN TOTAL. NOTE: FAILURE TO PROVIDE
THE CERTIFICATE OF DISCLOSURE REQUIRED BY THE CLEVELAND ORDINANCE WAS DUE TO A MISUNDERSTANDING OF THE REQUIREMENT AS APPLIED
TO PARTICULAR TRANSACTIONS.
DRP Pagesregulatory · block 1PDF pages 109–110
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON DEC. 3, 1997, THE NASDR CENSURED AND FINED NUMEROUS MUNICIPAL SECURITIES DEALERS FOR ALLEGED VIOLATIONS OF MUNICIPAL SECURITIES RULEMAKING BOARD RULE G-36 BY FAILING TO TIMELY SUBMIT OFFICIAL STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB AS REQUIRED FROM APPROXIMATELY SEPT. 1995 THROUGH SEPT. 1996. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A CENSURE AND A $25,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON DEC. 3, 1997. THE AWC WAS ACCEPTED ON DEC. 15, 1997.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS&CO. VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD RULE G-36 BY FAILING TO TIMELY SUBMIT OFFICIAL STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB AS REQUIRED FROM APPROXIMATELY SEPT. 1995 THROUGH SEPT. 1996.
Sanction detail — filed text
GS&CO. CONSENTED TO A CENSURE AND A $25,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 12/03/1997 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASDR ALLEGED THAT GS&CO. VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD RULE G-36 BY FAILING TO TIMELY SUBMIT OFFICIAL STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB AS REQUIRED FROM APPROXIMATELY SEPT. 1995 THROUGH SEPT. 1996. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 12/15/1997 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 25,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: CENSURE Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO. CONSENTED TO A CENSURE AND A $25,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON DEC. 3, 1997, THE NASDR CENSURED AND FINED NUMEROUS MUNICIPAL SECURITIES DEALERS FOR ALLEGED VIOLATIONS OF MUNICIPAL SECURITIES RULEMAKING BOARD RULE G-36 BY FAILING TO TIMELY SUBMIT OFFICIAL STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB AS REQUIRED FROM APPROXIMATELY SEPT. 1995 THROUGH SEPT. 1996. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A CENSURE AND A $25,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON DEC. 3, 1997. THE AWC WAS ACCEPTED ON DEC. 15, 1997.
regulatory · block 2PDF pages 110–112
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JUNE 1, 1995, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND LATER PAID A FINE OF $2,500 FOR ALLEGED VIOLATIONS OF RULE 11AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V, SECTION 2(B) OF SCHEDULE D TO THE NASD BY-LAWS AND ARTCLE III, SECTION 1 AND 6 OF THE NASD'S RULES OF FAIR PRACTICE, ON JUNE 9, 1994 (CMS950026 AWC). THE AWC WAS ACCEPTED BY THE NASD ON SEPT. 25, 1995.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED RULE 11AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V, SECTION 2(B) OF SCHEDULE D TO THE NASD BY-LAWS AND ARTCLE III, SECTION 1 AND 6 OF THE NASD'S RULES OF FAIR PRACTICE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND LATER PAID A FINE OF $2,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/01/1995
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
N/A
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED RULE 11AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V, SECTION 2(B) OF
SCHEDULE D TO THE NASD BY-LAWS AND ARTCLE III, SECTION 1 AND 6 OF THE NASD'S RULES OF FAIR PRACTICE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/25/1995
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND
LATER PAID A FINE OF $2,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JUNE 1, 1995, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE
NASD AND LATER PAID A FINE OF $2,500 FOR ALLEGED VIOLATIONS OF RULE 11AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V,
SECTION 2(B) OF SCHEDULE D TO THE NASD BY-LAWS AND ARTCLE III, SECTION 1 AND 6 OF THE NASD'S RULES OF FAIR PRACTICE, ON JUNE 9, 1994
(CMS950026 AWC). THE AWC WAS ACCEPTED BY THE NASD ON SEPT. 25, 1995.regulatory · block 3PDF pages 112–114
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBT")
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON JULY 17, 1996, GOLDMAN, SACHS & CO. CONSENTED TO PAY THE CBT A $10,000 FINE FOR THE ALLEGED VIOLATION OF CBT RULES AND REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER FUTURES MARGIN.
Other filed details
Description of allegations — filed text
CBT ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED CBT RULES AND REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER FUTURES MARGIN.
Sanction detail — filed text
GOLDMAN, SACHS & CO. CONSENTED TO PAY THE CBT A $10,000 FINE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/13/1996
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FILE NO. 95-EX-24
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBT ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED CBT RULES AND REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS
MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER FUTURES MARGIN.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/17/1996
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. CONSENTED TO PAY THE CBT A $10,000 FINE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JULY 17, 1996, GOLDMAN, SACHS & CO. CONSENTED TO PAY THE CBT A $10,000 FINE FOR THE ALLEGED VIOLATION OF CBT RULES AND
REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER
FUTURES MARGIN.regulatory · block 4PDF pages 114–116
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 4,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JULY 30, 1996, THE NASDR FINED GOLDMAN, SACHS & CO. FOR ALLEGED VIOLATIONS OF NASD MARKETPLACE RULE 4613(D). THE NASDR ALLEGED THAT GS & CO. ENTERED QUOTATIONS INTO THE NASDAQ SYSTEM THAT EXCEEDED THE MAXIMUM ALLOWABLE SPREADS. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $4,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON AUGUST 19, 1996. THE AWC WAS ACCEPTED ON JUNE 13, 1997.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED NASD MARKETPLACE RULE 4613(D). THE NASDR ALLEGED THAT GS & CO. ENTERED QUOTATIONS INTO THE NASDAQ SYSTEM THAT EXCEEDED THE MAXIMUM ALLOWABLE SPREADS.
Sanction detail — filed text
GOLDMAN, SACHS & CO. CONSENTED TO A $4,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 07/30/1996 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASDR ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED NASD MARKETPLACE RULE 4613(D). THE NASDR ALLEGED THAT GS & CO. ENTERED QUOTATIONS INTO THE NASDAQ SYSTEM THAT EXCEEDED THE MAXIMUM ALLOWABLE SPREADS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 06/13/1997 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 4,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GOLDMAN, SACHS & CO. CONSENTED TO A $4,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON JULY 30, 1996, THE NASDR FINED GOLDMAN, SACHS & CO. FOR ALLEGED VIOLATIONS OF NASD MARKETPLACE RULE 4613(D). THE NASDR ALLEGED THAT GS & CO. ENTERED QUOTATIONS INTO THE NASDAQ SYSTEM THAT EXCEEDED THE MAXIMUM ALLOWABLE SPREADS. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $4,000 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON AUGUST 19, 1996. THE AWC WAS ACCEPTED ON JUNE 13, 1997.
Show 520 more source blocks
regulatory · block 5PDF pages 116–117
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON AUGUST 5, 1996 THE NASD ALLEGED THAT GS&CO. VIOLATED MARKETPLACE RULE 6240 AND CONDUCT RULE NO. 2110 BY FAILING TO REPORT CERTAIN FIPS TRANSACTIONS DURING THE PERIOD 5/1/95 - 4/18/96 AND FAILING TO REPORT IN A TIMELY MANNER CERTAIN TRANSACTIONS DURING THE TIME PERIOD 6/15/95 - 7/19/95. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. PAID A $5,000 FINE AND CONSENTED TO THE NASD IMPOSING A CENSURE.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GS&CO. VIOLATED MARKETPLACE RULE 6240 AND CONDUCT RULE NO. 2110 BY FAILING TO REPORT CERTAIN FIPS TRANSACTIONS DURING THE PERIOD 5/1/95 - 4/18/96 AND FAILING TO REPORT IN A TIMELY MANNER CERTAIN TRANSACTIONS DURING THE TIME PERIOD 6/15/95 - 7/19/95.
Sanction detail — filed text
GS&CO. PAID A $5,000 FINE AND CONSENTED TO THE NASD IMPOSING A CENSURE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/05/1996
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
N/A
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GS&CO. VIOLATED MARKETPLACE RULE 6240 AND CONDUCT RULE NO. 2110 BY FAILING TO REPORT CERTAIN FIPS TRANSACTIONS
DURING THE PERIOD 5/1/95 - 4/18/96 AND FAILING TO REPORT IN A TIMELY MANNER CERTAIN TRANSACTIONS DURING THE TIME PERIOD 6/15/95 -
7/19/95.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/12/1996
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS&CO. PAID A $5,000 FINE AND CONSENTED TO THE NASD IMPOSING A CENSURE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON AUGUST 5, 1996 THE NASD ALLEGED THAT GS&CO. VIOLATED MARKETPLACE RULE 6240 AND CONDUCT RULE NO. 2110 BY FAILING TO REPORT
CERTAIN FIPS TRANSACTIONS DURING THE PERIOD 5/1/95 - 4/18/96 AND FAILING TO REPORT IN A TIMELY MANNER CERTAIN TRANSACTIONS DURING
THE TIME PERIOD 6/15/95 - 7/19/95. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. PAID A $5,000 FINE AND CONSENTED TO THE
NASD IMPOSING A CENSURE.regulatory · block 6PDF pages 117–119
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 6,250.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON APRIL 1, 1998, NASDR CENSURED AND FINED GS&CO. FOR ALLEGED VIOLATIONS OF RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS&CO. FAILED TO EXECUTE CERTAIN ORDERS AT GS&CO.'S PUBLISHED BID OR OFFER. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A CENSURE AND $6,250 FINE BY SIGNING A LETTER OF ACCEPTANC, WAIVER AND CONSENT ON APRIL 1, 1998. THE AWC WAS ACCEPTED ON APRIL 1, 1998.
Other filed details
Description of allegations — filed text
g g y (y p p p ) NASDR ALLEGED THAT GS&CO. VIOLATED RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS&CO. FAILED TO EXECUTE CERTAIN ORDERS AT GS&CO.'S PUBLISHED BID OR OFFER.
Sanction detail — filed text
GS&CO. CONSENTED TO A CENSURE AND $6,250 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 04/01/1998 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): g g y (y p p p ) NASDR ALLEGED THAT GS&CO. VIOLATED RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS&CO. FAILED TO EXECUTE CERTAIN ORDERS AT GS&CO.'S PUBLISHED BID OR OFFER. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 04/01/1998 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 6,250.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO. CONSENTED TO A CENSURE AND $6,250 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON APRIL 1, 1998, NASDR CENSURED AND FINED GS&CO. FOR ALLEGED VIOLATIONS OF RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS&CO. FAILED TO EXECUTE CERTAIN ORDERS AT GS&CO.'S PUBLISHED BID OR OFFER. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A CENSURE AND $6,250 FINE BY SIGNING A LETTER OF ACCEPTANC, WAIVER AND CONSENT ON APRIL 1, 1998. THE AWC WAS ACCEPTED ON APRIL 1, 1998.
regulatory · block 7PDF pages 119–121
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON 7/28/99, NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASDR ALLEGED THAT GS&CO. UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD. THE NASD ALSO ALLEGED THAT GS&CO. FAILED TO ESTABLISH WRITTEN PROCEDURES TO ACHIEVE COMPLIANCE WITH THE APPLICABLE RULES OF THE NASD RELATING TO THE REPORTING OF TRANSACTIONS VIA FORM T. GS&CO. CONSENTED TO A CENSURE AND A $17,500 FINE BY SIGNING AN AWC ON 7/28/99 - AWC WAS ACCEPTED ON 2/14/2000.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASDR ALLEGED THAT GS&CO. UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD. THE NASD ALSO ALLEGED THAT GS&CO. FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE APPLICABLE RULES OF THE NASD RELATING TO THE REPORTING OF TRANSACTIONS VIA FORM T.
Sanction detail — filed text
GS&CO. CONSENTED TO A CENSURE AND A $17,500 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 07/28/1999 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: OTC EQUITY SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASDR ALLEGED THAT GS&CO. UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD. THE NASD ALSO ALLEGED THAT GS&CO. FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE APPLICABLE RULES OF THE NASD RELATING TO THE REPORTING OF TRANSACTIONS VIA FORM T. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 02/14/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 17,500.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO. CONSENTED TO A CENSURE AND A $17,500 FINE BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON 7/28/99, NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASDR ALLEGED THAT GS&CO. UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD. THE NASD ALSO ALLEGED THAT GS&CO. FAILED TO ESTABLISH WRITTEN PROCEDURES TO ACHIEVE COMPLIANCE WITH THE APPLICABLE RULES OF THE NASD RELATING TO THE REPORTING OF TRANSACTIONS VIA FORM T. GS&CO. CONSENTED TO A CENSURE AND A $17,500 FINE BY SIGNING AN AWC ON 7/28/99 - AWC WAS ACCEPTED ON 2/14/2000.
regulatory · block 8PDF pages 121–123
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON SEPT. 15, 1999, NASDR ALLEGED THAT GS&CO. VIOLATED NASD CONDUCT RULE 3360. THE NASDR ALLEGED THAT GS&CO. FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE SECURITY. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING A LETTER OF AWC ON SEPT. 15, 1999. THE AWC WAS ACCEPTED ON DEC. 16, 1999.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS&CO. VIOLATED NASD CONDUCT RULE 3360. THE NASDR ALLEGED THAT GS&CO. FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE SECURITY.
Sanction detail — filed text
GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING A AWC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 09/15/1999 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASDR ALLEGED THAT GS&CO. VIOLATED NASD CONDUCT RULE 3360. THE NASDR ALLEGED THAT GS&CO. FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE SECURITY. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 01/24/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 1,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING A AWC. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON SEPT. 15, 1999, NASDR ALLEGED THAT GS&CO. VIOLATED NASD CONDUCT RULE 3360. THE NASDR ALLEGED THAT GS&CO. FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE SECURITY. WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING A LETTER OF AWC ON SEPT. 15, 1999. THE AWC WAS ACCEPTED ON DEC. 16, 1999.
regulatory · block 9PDF pages 123–124
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON NOV. 8, 1999, NASDR ALLEGED THAT GS&CO VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULES G-12 AND G-14. THE NASDR ALLEGED THAT GS&CO. FAILED TO PROVIDE ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL SECURITIES CLEARING CORPORATION ("NSCC"). WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING AN AWC. THE AWC WAS ACCEPTED ON DEC. 16, 1999.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS&CO VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULES G-12 AND G-14. THE NASDR ALLEGED THAT GS&CO. FAILED TO PROVIDE ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL SECURITIES CLEARING CORPORATION ("NSCC").
Sanction detail — filed text
GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING AN AWC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/08/1999
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
N/A
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDR ALLEGED THAT GS&CO VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULES G-12 AND G-14. THE NASDR ALLEGED THAT
GS&CO. FAILED TO PROVIDE ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL SECURITIES
CLEARING CORPORATION ("NSCC").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/16/1999
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS&CO. CONSENTED TO A $1,000 FINE BY SIGNING AN AWC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON NOV. 8, 1999, NASDR ALLEGED THAT GS&CO VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULES G-12 AND G-14. THE NASDR
ALLEGED THAT GS&CO. FAILED TO PROVIDE ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL
SECURITIES CLEARING CORPORATION ("NSCC"). WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GS&CO. CONSENTED TO A $1,000 FINE BY
SIGNING AN AWC. THE AWC WAS ACCEPTED ON DEC. 16, 1999.regulatory · block 10PDF pages 125–126
- Regulator name — filed text
- BUS. CONDUCT COM. OF THE CHICAGO BOARD OF OPTIONS EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ON APRIL 17, 2000, THE CBOE ORDERED DISCIPLINARY PROCEEDINGS UNDER CHAPTER 17 OF THE RULES OF THE EXCHANGE. CBOE CHARGED THAT GS&CO. ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. AGREED TO PAY A FINE OF $10,000.
Other filed details
Description of allegations — filed text
CBOE CHARGED THAT GS&CO. ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E).
Sanction detail — filed text
GS&CO. AGREED TO PAY A FINE OF $10,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) BUS. CONDUCT COM. OF THE CHICAGO BOARD OF OPTIONS EXCHANGE, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/17/2000 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): CBOE CHARGED THAT GS&CO. ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E). 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 04/17/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 10,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO. AGREED TO PAY A FINE OF $10,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON APRIL 17, 2000, THE CBOE ORDERED DISCIPLINARY PROCEEDINGS UNDER CHAPTER 17 OF THE RULES OF THE EXCHANGE. CBOE CHARGED THAT GS&CO. ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. AGREED TO PAY A FINE OF $10,000.
regulatory · block 11PDF pages 126–128
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC.
- Monetary/Fine Amount — filed text
- $ 13,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 4613(E) - LOCKED AND CROSSED - DURING THE PERIODS OF JUNE 1, 1997 THROUGH DEC. 31, 1997 AND JULY 1, 1999 THROUGH SEPT. 30, 1999. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, ON JULY 24, 2000, GS&CO SIGNED AN AWC CONSENTING TO A CENSURE AND A FINE OF $13,000, WHICH WAS ACCEPTED ON OCT. 10, 2000.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 4613(E) - LOCKED AND CROSSED - DURING THE PERIODS OF JUNE 1, 1997 THROUGH DEC. 31, 1997 AND JULY 1, 1999 THROUGH SEPT. 30, 1999.
Sanction detail — filed text
GS&CO SIGNED AN AWC CONSENTING TO A CENSURE AND A FINE OF $13,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS REGULATION, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 07/24/2000 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 4613(E) - LOCKED AND CROSSED - DURING THE PERIODS OF JUNE 1, 1997 THROUGH DEC. 31, 1997 AND JULY 1, 1999 THROUGH SEPT. 30, 1999. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 10/10/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 13,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS&CO SIGNED AN AWC CONSENTING TO A CENSURE AND A FINE OF $13,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). NASDR ALLEGED THAT GS&CO. VIOLATED NASD MARKETPLACE RULE 4613(E) - LOCKED AND CROSSED - DURING THE PERIODS OF JUNE 1, 1997 THROUGH DEC. 31, 1997 AND JULY 1, 1999 THROUGH SEPT. 30, 1999. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, ON JULY 24, 2000, GS&CO SIGNED AN AWC CONSENTING TO A CENSURE AND A FINE OF $13,000, WHICH WAS ACCEPTED ON OCT. 10, 2000.
regulatory · block 12GOLDMAN SACHS FUTURES PTE LTD.PDF pages 128–130
- Advisory affiliate name — filed text
- GOLDMAN SACHS FUTURES PTE LTD.
- Regulator name — filed text
- SINGAPORE INTERNATIONAL MONETARY EXCHANGE LIMITED
- Monetary/Fine Amount — filed text
- $ 11,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ON MAY 7, 1996, THE SIMEX DETERMINED THAT GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN, SACHS & CO.) VIOLATED RULES 525 AND 527 BY FAILING TO PREPARE AND TIME STAMP A CUSTOMER ORDER AND BEING A PARTY TO A PREARRANGED TRADE.GOLDMAN SACHS FUTURES PTE LTD.WAS FINED AND PAID 11,000 SINGAPORE DOLLARS.
Other filed details
Description of allegations — filed text
THE SIMEX DETERMINED THAT GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN, SACHS & CO.) VIOLATED RULES 525 AND 527 BY FAILING TO PREPARE AND TIME STAMP A CUSTOMER ORDER AND BEING A PARTY TO A PREARRANGED TRADE.
Sanction detail — filed text
GOLDMAN SACHS FUTURES PTE LTD.WAS FINED AND PAID 11,000 SINGAPORE DOLLARS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS FUTURES PTE LTD. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SINGAPORE INTERNATIONAL MONETARY EXCHANGE LIMITED 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 05/07/1996 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE SIMEX DETERMINED THAT GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN, SACHS & CO.) VIOLATED RULES 525 AND 527 BY FAILING TO PREPARE AND TIME STAMP A CUSTOMER ORDER AND BEING A PARTY TO A PREARRANGED TRADE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 05/07/1996 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 11,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GOLDMAN SACHS FUTURES PTE LTD.WAS FINED AND PAID 11,000 SINGAPORE DOLLARS. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON MAY 7, 1996, THE SIMEX DETERMINED THAT GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN, SACHS & CO.) VIOLATED RULES 525 AND 527 BY FAILING TO PREPARE AND TIME STAMP A CUSTOMER ORDER AND BEING A PARTY TO A PREARRANGED TRADE.GOLDMAN SACHS FUTURES PTE LTD.WAS FINED AND PAID 11,000 SINGAPORE DOLLARS.
regulatory · block 13GOLDMAN SACHS FUTURES PTE LTD.PDF pages 130–132
- Advisory affiliate name — filed text
- GOLDMAN SACHS FUTURES PTE LTD.
- Regulator name — filed text
- SGX-DT
- Monetary/Fine Amount — filed text
- $ 250.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN SACHS & CO.) FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGS-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN GSFS'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES.A 250 SINGAPORE DOLLAR FINE WAS IMPOSED FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN SACHS & CO.) FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGX-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN GSFS'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES.
Sanction detail — filed text
A 250 SINGAPORE DOLLAR FINE WAS IMPOSED FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS FUTURES PTE LTD. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SGX-DT 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 07/24/2000 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN SACHS & CO.) FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGX-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN GSFS'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 07/24/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: A 250 SINGAPORE DOLLAR FINE WAS IMPOSED FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GOLDMAN SACHS FUTURES PTE LTD. (A SUBSIDIARY OF GOLDMAN SACHS & CO.) FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGS-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN GSFS'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES.A 250 SINGAPORE DOLLAR FINE WAS IMPOSED FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500.
regulatory · block 14PDF pages 132–133
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MASSACHUSETTS STATE ETHICS COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/15/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
N/A
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
MASSACHUSETTS STATE ETHICS COMMISSION ALLEGED THAT CERTAIN GIFTS AND ENTERTAINMENT BY GOLDMAN, SACHS & CO. PERSONNEL VIOLATED
THE STATE'S CONFLICT OF INTEREST LAW, G.L. C. 268A, 3 (A) - THE COMMISSION FOUND NO EVIDENCE THAT THE MODEST AMOUNTS INVOLVED WERE
INTENDED TO INFLUENCE ANY ACTS BY THE OFFICIALS IN QUESTION.
8
Cu
e t Status
e d
g
O
ppea
a
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Other
11. Resolution Date (MM/DD/YYYY):
06/19/1997
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
A DISPOSITION AGREEMENT WAS ENTERED INTO ON JUNE 19, 1997 AND A FINE OF $3,500 WAS PAID BY GS&CO.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JUNE 19, 1997, THE MASSACHUSETTS STATE ETHICS COMMISSION AND GOLDMAN, SACHS & CO. ("GS") ENTERED INTO A DISPOSTION AGREEMENT
WITH RESPECT TO THE COMMISSION'S ALLEGATIONS THAT CERTAIN GIFTS AND ENTERTAINMENT BY GS PERSONNEL VIOLATED THE STATE'S CONFLICT
OF INTEREST LAW, G.L. C. 268A, 3 (A). THE COMMISSION ASSESSED A FINE OF $3,500.00, ALTHOUGH THE COMMISSION EXPRESSLY FOUND NO
EVIDENCE THAT THE MODEST AMOUNTS INVOLVED WERE INTENDED TO INFLUENCE ANY ACTS BY THE OFFICIALS IN QUESTION.regulatory · block 15PDF pages 134–135
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 5,204,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
GOLDMAN, SACHS & CO. WAS ORDERED TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES - PAYMENT WAS MADE IN APRIL 2000. UNDER THE SETTLEMENT, THE LAWSUIT WAS DISMISSED WITH PREJUDICE, AND THE INTERNAL REVENUE SERVICE AGREED NOT TO CHALLENGE THE TAX-FREE NATURE OF THE REFUNDINGS BY VIRTUE OF THE PRICING OF SUCH SECURITIES.
Other filed details
Description of allegations — filed text
THIS REGULATORY ACTION WAS IN CONNECTION WITH AN INDUSTRY-WIDE INVESTIGATION BY THE SEC RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCE REFUNDING TRANSACTIONS. GOLDMAN, SACHS & CO. WAS FOUND TO HAVE VIOLATED SECTIONS 17(A)(2) AND (3) OF THE SECURITIES ACT OF 1933 IN CONNECTION WITH PRICING OF GOVERNMENT SECURITIES AND WAS REQUIRED TO CEASE AND DESIST FROM VIOLATING SUCH PROVISIONS.
Sanction detail — filed text
REQUIRED GOLDMAN SACHS TO CEASE AND DESIST FROM VIOLATING PROVISIONS AND ORDERED GOLDMAN SACHS TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 02/01/2000 Exact Explanation If not exact, provide explanation: INITIATION DATE IS UNKNOWN BECAUSE IT WAS AN INDUSTRY-WIDE INVESTIGATION BY THE SECURITIES AND EXCHANGE COMMISSION. 4. Docket/Case Number: 95 CIV. 1363 (S.D.N..)(BSJ) 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: GOVERNMENT SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THIS REGULATORY ACTION WAS IN CONNECTION WITH AN INDUSTRY-WIDE INVESTIGATION BY THE SEC RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCE REFUNDING TRANSACTIONS. GOLDMAN, SACHS & CO. WAS FOUND TO HAVE VIOLATED SECTIONS 17(A)(2) AND (3) OF THE SECURITIES ACT OF 1933 IN CONNECTION WITH PRICING OF GOVERNMENT SECURITIES AND WAS REQUIRED TO CEASE AND DESIST FROM VIOLATING SUCH PROVISIONS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 04/06/2000 Exact Explanation If not exact, provide explanation: ISSUANCE OF AN SEC ADMINISTRATIVE ORDER (SEA REL. NO. 42640) 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 5,204,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: REQUIRED GOLDMAN SACHS TO CEASE AND DESIST FROM VIOLATING PROVISIONS AND ORDERED GOLDMAN SACHS TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GOLDMAN, SACHS & CO. WAS ORDERED TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES - PAYMENT WAS MADE IN APRIL 2000. UNDER THE SETTLEMENT, THE LAWSUIT WAS DISMISSED WITH PREJUDICE, AND THE INTERNAL REVENUE SERVICE AGREED NOT TO CHALLENGE THE TAX-FREE NATURE OF THE REFUNDINGS BY VIRTUE OF THE PRICING OF SUCH SECURITIES.
regulatory · block 16PDF pages 135–137
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JUNE 25, 2002, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED AN AWC TO THE NASD AND LATER PAID A FINE OF $7,500 AND RESTITUTION TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FOR ALLEGED VIOLATIONS OF NASD RULES 2110, 2320, 6130(D) AND SEC RULE 11AC1-4. THE AWC WAS ACCEPTED BY THE NASD ON AUGUST 24, 2002.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. ("GS") ALLEGEDLY VIOLATED NASD RULES 2110, 2320, 6130(D) AND SEC RULE 11AC1-4. GS ALLEGEDLY FAILED TO EXECUTE ORDERS PROMPTLY, TO USE REASONABLE DILIGENCE TO ASCERTAIN BEST INTER-DEALER MARKET FOR MOST FAVORABLE CUSTOMER PRICE, REPORT CORRECT TRANSACTION SYMBOLS AND TO IMMEDIATELY DISPLAY CUSTOMER LIMIT ORDERS IN ITS PUBLIC QUOTATION. WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND LATER PAID A FINE OF $7,500 AND RESTITUTION TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FROM THE DATE OF THE ALLEGED VIOLATIVE CONDUCT UNTIL THE DATE THE AWC WAS ACCEPTED.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
A FINE OF $7,500.00 AND RESTITUTION BY RESPONDENT TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FROM THE DATE OF THE
VIOLATIVE CONDUCT UNTIL THE DATE THE AWC IS ACCEPTED.
3.
Date Initiated (MM/DD/YYYY):
06/25/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020150 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. ("GS") ALLEGEDLY VIOLATED NASD RULES 2110, 2320, 6130(D) AND SEC RULE 11AC1-4. GS ALLEGEDLY FAILED TO EXECUTE
ORDERS PROMPTLY, TO USE REASONABLE DILIGENCE TO ASCERTAIN BEST INTER-DEALER MARKET FOR MOST FAVORABLE CUSTOMER PRICE, REPORT
CORRECT TRANSACTION SYMBOLS AND TO IMMEDIATELY DISPLAY CUSTOMER LIMIT ORDERS IN ITS PUBLIC QUOTATION. WITHOUT ADMITTING OR
DENYING ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/24/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND
LATER PAID A FINE OF $7,500 AND RESTITUTION TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FROM THE DATE OF THE
ALLEGED VIOLATIVE CONDUCT UNTIL THE DATE THE AWC WAS ACCEPTED.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JUNE 25, 2002, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED AN AWC TO THE NASD AND LATER PAID A FINE OF $7,500
AND RESTITUTION TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FOR ALLEGED VIOLATIONS OF NASD RULES 2110, 2320,
6130(D) AND SEC RULE 11AC1-4. THE AWC WAS ACCEPTED BY THE NASD ON AUGUST 24, 2002.regulatory · block 17PDF pages 137–139
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON MAY 23, 2002, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED AN AWC TO THE NASD AND LATER PAID A FINE OF $17,500 FOR ALLEGED VIOLATIONS OF NASD RULE 4613(E). THE AWC WAS ACCEPTED BY THE NASD ON JULY 23, 2002.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. ("GS") ALLEGEDLY VIOLATED NASD RULE 4613(E). GS, A MARKET MAKER, ALLEGEDLY FAILED TO MAKE REASONABLE EFFORTS TO AVOID A LOCKED OR CROSSED MARKET. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND LATER PAID A FINE OF $17,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
FINE OF $17,500.00
3.
Date Initiated (MM/DD/YYYY):
05/23/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020112 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. ("GS") ALLEGEDLY VIOLATED NASD RULE 4613(E). GS, A MARKET MAKER, ALLEGEDLY FAILED TO MAKE REASONABLE EFFORTS
TO AVOID A LOCKED OR CROSSED MARKET. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/23/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING GOLDMAN, SACHS & CO. SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD AND
LATER PAID A FINE OF $17,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 23, 2002, WITHOUT ADMITTING OR DENYING, GOLDMAN, SACHS & CO. SUBMITTED AN AWC TO THE NASD AND LATER PAID A FINE OF $17,500
FOR ALLEGED VIOLATIONS OF NASD RULE 4613(E). THE AWC WAS ACCEPTED BY THE NASD ON JULY 23, 2002.regulatory · block 18PDF pages 139–141
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE")
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E- MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC NYSE AND NASD AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE
WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NYSE AND NASD AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF
TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS REGULATIONS AND
RULES.
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
EXCHANGE HEARING PANEL DECISION 02-223
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE
EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E-
MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY
ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
12/13/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD
AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000
EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL
COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM
WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH
THOSE LAWS, REGULATIONS AND RULES.regulatory · block 19PDF pages 141–143
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E- MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC NYSE AND NASD AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC. GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NYSE AND NASD AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS REGULATIONS AND RULES. 3. Date Initiated (MM/DD/YYYY): 11/11/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SEC ADM. PROCEEDING FILE NO. 3-10957 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E- MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 12/03/2002 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 550,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD). 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
regulatory · block 20PDF pages 143–144
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E- MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC NYSE AND NASD AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL COMMUNICATIONS FOR COMPLIANCE
WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NYSE AND NASD AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF
TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS REGULATIONS AND
RULES.
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. CAF020064
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SEC, NASD AND NYSE ALLEGED THAT FIVE BROKER DEALERS INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE
EXCHANGE ACT AND RULE 17A-4 HEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE E-
MAIL COMMUNICATIONS FOR 3 YEARS AND/OR TO PRESERVE E-MAIL COMMUNICATIONS FOR THE FIRST 2 YEARS IN AN ACCESSIBLE PLACE, AND BY
ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF E-MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/22/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, 5 BROKER-DEALERS INCLUDING GOLDMAN SACHS CONSENTED TO CENSURE BY THE SEC, NASD
AND NYSE AND TO THE IMPOSITION OF A CEASE AND DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000
EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF E-MAIL
COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND RULES OF THE NASD AND NYSE AND TO CONFIRM
WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH
THOSE LAWS, REGULATIONS AND RULES.regulatory · block 21PDF pages 145–146
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBOT")
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ON 01/10/2003, GOLDMAN SACHS SENT A CHECK IN THE AMOUNT OF $15,000.00 TO THE CBOT.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED CBOT REGULATIONS 444.03 AND 545.02 ON A SINGLE OCCASION BY NETTING DOWN US TREASURY BOND FUTURES AND TO ACCURATELY REPORT TO THE CBOT. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS PAID A FINE OF $15,000.00.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $15,000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBOT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/19/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
02-MSI-21
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Government
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED CBOT REGULATIONS 444.03 AND 545.02 ON A SINGLE OCCASION BY NETTING DOWN US TREASURY
BOND FUTURES AND TO ACCURATELY REPORT TO THE CBOT. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS PAID A FINE OF
$15,000.00.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
01/10/2003
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $15,000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON 01/10/2003, GOLDMAN SACHS SENT A CHECK IN THE AMOUNT OF $15,000.00 TO THE CBOT.regulatory · block 22PDF pages 146–148
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
AWC WAS ACCEPTED BY THE NASD ON 10/23/02.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED NASD CONDUCT RULE 3360 BY FAILING TO REPORT FULLY ITS SHORT INTEREST POSITION IN CERTAIN SECURITIES FOR CERTAIN PERIODS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
$20,000.00 FINE
3.
Date Initiated (MM/DD/YYYY):
09/12/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020229
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED NASD CONDUCT RULE 3360 BY FAILING TO REPORT FULLY ITS SHORT INTEREST POSITION IN CERTAIN
SECURITIES FOR CERTAIN PERIODS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00
FINE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/23/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
AWC WAS ACCEPTED BY THE NASD ON 10/23/02.regulatory · block 23PDF pages 148–150
- Regulator name — filed text
- UTAH DIVISION OF SECURITIES OF THE DEPARTMENT OF COMMERCE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED UTAH CODE 61-1-6(1)(G), WHICH PROHIBITS DISHONEST OR UNETHICAL BUSINESS PRACTICES, BY FAILING TO ENSURE THAT ITS RESEARCH ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING, AND UTAH CODE 61-1-6(1)(J) BY FAILING REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED. GOLDMAN SACHS EXPECTS TO ENTER INTO SUBSTANTIALLY SIMILAR SETTLEMENT AGREEMENTS WITH THE REMAINING STATES AND TERRITORIES.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE UTAH DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS THAT INCLUDED $25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH AND $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) UTAH DIVISION OF SECURITIES OF THE DEPARTMENT OF COMMERCE 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: THE NEW YORK ATTORNEY GENERAL COMMENCED AN INVESTIGATION OF GOLDMAN SACHS ON APRIL 12, 2002. THE UTAH DIVISION OF SECURITIES ASSUMED PRIMARY RESPONSIBILITY FOR THE INVESTIGATION ON OR ABOUT MAY 29, 2002. 4. Docket/Case Number: SD-02-0166 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 04/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WAS ORDERED TO CEASE AND DESIST FROM VIOLATING THE UTAH UNIFORM SECURITIES ACT AS IT RELATES TO CERTAIN RESEARCH AND INVESTMENT BANKING PRACTICES AT GOLDMAN SACHS. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE UTAH DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS THAT INCLUDED $25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH AND $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED UTAH CODE 61-1-6(1)(G), WHICH PROHIBITS DISHONEST OR UNETHICAL BUSINESS PRACTICES, BY FAILING TO ENSURE THAT ITS RESEARCH ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING, AND UTAH CODE 61-1-6(1)(J) BY FAILING REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED. GOLDMAN SACHS EXPECTS TO ENTER INTO SUBSTANTIALLY SIMILAR SETTLEMENT AGREEMENTS WITH THE REMAINING STATES AND TERRITORIES.
regulatory · block 24PDF pages 150–152
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS
- Monetary/Fine Amount — filed text
- $ 50,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS ANNOUNCED THAT THEY HAD ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. UNDER THE NYSE STIPULATION AND CONSENT AND THE NASD AWC, GOLDMAN SACHS WAS CHARGED WITH VIOLATING (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY ENGAGING IN ACTS AND PRACTICES DURING THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 THAT CREATED AND/OR MAINTAINED INAPPROPRIATE INFLUENCE BY INVESTMENT BANKING OVER RESEARCH ANALYSTS AND THEREFORE IMPOSED CONFLICTS OF INTEREST ON ITS RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY PUBLISHING IN CERTAIN INSTANCES RESEARCH THAT WAS EXAGGERATED, UNWARRANTED OR LACKING IN REASONABLE BASIS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO ESTABLISH AND MAINTAIN ADEQUATE SUPERVISORY PROCEDURES OVER RESEARCH ANALYSTS TO PREVENT OR MANAGE CONFLICTS OF INTEREST. AS PART OF THE SETTLEMENTS, GOLDMAN SACHS WAS CENSURED BY THE NYSE AND THE NASD AND AGREED TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 12. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
Other filed details
Description of allegations — filed text
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
$25,000,000 AS DISGORGEMENT $25,000,000 AS PENALTIES $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NATIONAL ASSOCIATION OF SECURITIES DEALERS 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/29/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: NASD CAF030024 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 04/24/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS DISGORGEMENT $25,000,000 AS PENALTIES $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS ANNOUNCED THAT THEY HAD ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. UNDER THE NYSE STIPULATION AND CONSENT AND THE NASD AWC, GOLDMAN SACHS WAS CHARGED WITH VIOLATING (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY ENGAGING IN ACTS AND PRACTICES DURING THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 THAT CREATED AND/OR MAINTAINED INAPPROPRIATE INFLUENCE BY INVESTMENT BANKING OVER RESEARCH ANALYSTS AND THEREFORE IMPOSED CONFLICTS OF INTEREST ON ITS RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY PUBLISHING IN CERTAIN INSTANCES RESEARCH THAT WAS EXAGGERATED, UNWARRANTED OR LACKING IN REASONABLE BASIS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO ESTABLISH AND MAINTAIN ADEQUATE SUPERVISORY PROCEDURES OVER RESEARCH ANALYSTS TO PREVENT OR MANAGE CONFLICTS OF INTEREST. AS PART OF THE SETTLEMENTS, GOLDMAN SACHS WAS CENSURED BY THE NYSE AND THE NASD AND AGREED TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 12. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
regulatory · block 25PDF pages 152–154
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE
- Monetary/Fine Amount — filed text
- $ 50,000,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS ANNOUNCED THAT THEY HAD ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. UNDER THE NYSE STIPULATION AND CONSENT AND THE NASD AWC, GOLDMAN SACHS WAS CHARGED WITH VIOLATING (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY ENGAGING IN ACTS AND PRACTICES DURING THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 THAT CREATED AND/OR MAINTAINED INAPPROPRIATE INFLUENCE BY INVESTMENT BANKING OVER RESEARCH ANALYSTS AND THEREFORE IMPOSED CONFLICTS OF INTEREST ON ITS RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY PUBLISHING IN CERTAIN INSTANCES RESEARCH THAT WAS EXAGGERATED, UNWARRANTED OR LACKING IN REASONABLE BASIS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO ESTABLISH AND MAINTAIN ADEQUATE SUPERVISORY PROCEDURES OVER RESEARCH ANALYSTS TO PREVENT OR MANAGE CONFLICTS OF INTEREST. AS PART OF THE SETTLEMENTS, GOLDMAN SACHS WAS CENSURED BY THE NYSE AND THE NASD AND AGREED TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 12. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
Other filed details
Description of allegations — filed text
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
$25,000,000 AS DISGORGEMENT $25,000,000 AS PENALTIES $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NEW YORK STOCK EXCHANGE 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/29/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: HPD 03-65 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Stipulation and Consent 11. Resolution Date (MM/DD/YYYY): 04/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS DISGORGEMENT $25,000,000 AS PENALTIES $50,000,000 TO FUND INDEPENDENT, THIRD PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS ANNOUNCED THAT THEY HAD ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. UNDER THE NYSE STIPULATION AND CONSENT AND THE NASD AWC, GOLDMAN SACHS WAS CHARGED WITH VIOLATING (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY ENGAGING IN ACTS AND PRACTICES DURING THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 THAT CREATED AND/OR MAINTAINED INAPPROPRIATE INFLUENCE BY INVESTMENT BANKING OVER RESEARCH ANALYSTS AND THEREFORE IMPOSED CONFLICTS OF INTEREST ON ITS RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY PUBLISHING IN CERTAIN INSTANCES RESEARCH THAT WAS EXAGGERATED, UNWARRANTED OR LACKING IN REASONABLE BASIS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO ESTABLISH AND MAINTAIN ADEQUATE SUPERVISORY PROCEDURES OVER RESEARCH ANALYSTS TO PREVENT OR MANAGE CONFLICTS OF INTEREST. AS PART OF THE SETTLEMENTS, GOLDMAN SACHS WAS CENSURED BY THE NYSE AND THE NASD AND AGREED TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 12. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
regulatory · block 26PDF pages 154–156
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS,INCLUING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS& PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN, SACHS & CO.("GOLDMAN SACHS"), VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN, SACHS & CO.CONSENTED TO CENSURE BY THE SEC, NYSE AND NASD AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR
COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF NYSE & NASD, AND TO CONFIRM WITHIN A SPECIFIED
PERIOD OF TIME THAT IT HAD ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS,
REGULATIONS AND RULES
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. CAF020064
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE
NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN, SACHS & CO.("GOLDMAN SACHS"),
VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY
ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL
COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND
PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/22/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS,INCLUING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD
AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000
EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF
ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND
NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS& PROCEDURES REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.regulatory · block 27PDF pages 156–157
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS,INCLUDING GOLDMAN SACHS, VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN, SACHS & CO.CONSENTED TO CENSURE BY THE SEC, NYSE AND NASD AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR
COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF NYSE & NASD, AND TO CONFIRM WITHIN A SPECIFIED
PERIOD OF TIME THAT IT HAD ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS,
REGULATIONS AND RULES
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SEC ADM. PROCEEDING FILE NO. 3-10957
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE
NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS,INCLUDING GOLDMAN SACHS, VIOLATED SECTION 17(A) OF THE
EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE
ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN
ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF
ELECTRONIC MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/03/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC,
NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000
($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF
ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND
NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.regulatory · block 28PDF pages 158–159
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 5,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON SEPTEMBER 4, 2003, THE SEC ENTERED ITS ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTIONS 15(B)(4) & 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO GOLDMAN, SACHS & CO., AS DESCRIBED ABOVE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS ALLEGEDLY VIOLATED (I) SECTION 15(C)(1) AND RULE 15C1-2 OF THE EXCHANGE ACT AS A RESULT OF CERTAIN TRADING IN U.S. TREASURY BONDS ON OCTOBER 31, 2001; AND (II) SECTION 15(F) OF THE EXCHANGE ACT BY FAILING TO MAINTAIN POLICIES AND PROCEDURES SPECIFICALLY ADDRESSED TO THE POSSIBLE MISUSE OF NON-PUBLIC INFORMATION OBTAINED FROM OUTSIDE CONSULTANTS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS CONSENTED TO THE ENTRY OF AN ORDER THAT, AMONG OTHER THINGS, (I) CENSURED GOLDMAN SACHS; (II) DIRECTED GOLDMAN SACHS TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS OF SECTION 15(C)(1)(A) & (C) AND 15(F) AND RULE 15C1-2 OF THE EXCHANGE ACT; (III) ORDERED GOLDMAN SACHS TO PAY DISGORGEMENT AND PREJUDGMENT INTEREST IN THE AMOUNT OF $1,742,642, AND A CIVIL MONETARY PENALTY OF $5 MILLION; AND (IV) DIRECTED GOLDMAN SACHS TO CONDUCT A REVIEW ITS POLICIES AND PROCEDURES ADOPT, IMPLEMENT AND MAINTAIN POLICIES AND PROCEDURES CONSISTENT WITH THE ORDER AND THAT REVIEW. GOLDMAN SACHS ALSO UNDERTOOK TO PAY $2,562,740 IN DISGORGEMENT AND INTEREST RELATING TO CERTAIN TRADING IN U.S. TREASURY BOND FUTURES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Censure Other Sanctions: CEASE AND DESIST, DISGORGEMENT, CIVIL PENALTY AND UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. 3-11240 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Government Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): GOLDMAN SACHS ALLEGEDLY VIOLATED (I) SECTION 15(C)(1) AND RULE 15C1-2 OF THE EXCHANGE ACT AS A RESULT OF CERTAIN TRADING IN U.S. TREASURY BONDS ON OCTOBER 31, 2001; AND (II) SECTION 15(F) OF THE EXCHANGE ACT BY FAILING TO MAINTAIN POLICIES AND PROCEDURES SPECIFICALLY ADDRESSED TO THE POSSIBLE MISUSE OF NON-PUBLIC INFORMATION OBTAINED FROM OUTSIDE CONSULTANTS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 5,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS CONSENTED TO THE ENTRY OF AN ORDER THAT, AMONG OTHER THINGS, (I) CENSURED GOLDMAN SACHS; (II) DIRECTED GOLDMAN SACHS TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS OF SECTION 15(C)(1)(A) & (C) AND 15(F) AND RULE 15C1-2 OF THE EXCHANGE ACT; (III) ORDERED GOLDMAN SACHS TO PAY DISGORGEMENT AND PREJUDGMENT INTEREST IN THE AMOUNT OF $1,742,642, AND A CIVIL MONETARY PENALTY OF $5 MILLION; AND (IV) DIRECTED GOLDMAN SACHS TO CONDUCT A REVIEW ITS POLICIES AND PROCEDURES ADOPT, IMPLEMENT AND MAINTAIN POLICIES AND PROCEDURES CONSISTENT WITH THE ORDER AND THAT REVIEW. GOLDMAN SACHS ALSO UNDERTOOK TO PAY $2,562,740 IN DISGORGEMENT AND INTEREST RELATING TO CERTAIN TRADING IN U.S. TREASURY BOND FUTURES. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON SEPTEMBER 4, 2003, THE SEC ENTERED ITS ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTIONS 15(B)(4) & 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO GOLDMAN, SACHS & CO., AS DESCRIBED ABOVE.
regulatory · block 29PDF pages 159–161
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY ISE ON MAY 20, 2010 AND ON JUNE 4, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500.
Other filed details
Description of allegations — filed text
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE PERIOD FROM MAY 2009 THROUGH AUGUST 2009, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT LARGE OPTION POSITION REPORTS WITH REGARD TO CERTAIN ACCOUNTS THAT MET THE REPORTING REQUIREMENT THRESHOLD IN ALLEGED VIOLATION OF ISE RULE 415.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 4, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INTERNATIONAL SECURITIES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/20/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2009-167
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE PERIOD FROM MAY 2009 THROUGH AUGUST 2009, GOLDMAN,
SACHS & CO. (THE "FIRM") FAILED TO REPORT LARGE OPTION POSITION REPORTS WITH REGARD TO CERTAIN ACCOUNTS THAT MET THE REPORTING
REQUIREMENT THRESHOLD IN ALLEGED VIOLATION OF ISE RULE 415.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/20/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JUNE 4, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY ISE ON MAY 20, 2010 AND ON JUNE 4, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500.regulatory · block 30HEGARTY, NICHOLASPDF pages 161–163
- Advisory affiliate name — filed text
- HEGARTY, NICHOLAS
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 4441805 This advisory affiliate is a Firm an Individual Registered: Yes No Name: HEGARTY, NICHOLAS (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 31GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 163–164
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 32FIRST OPTIONS OF CHICAGO, INC. ("FOC")PDF pages 165–166
- Advisory affiliate name — filed text
- FIRST OPTIONS OF CHICAGO, INC. ("FOC")
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION ("SEC")
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
FOC UNDERTOOK TO (1) MAINTAIN AND IMPLEMENT PROCEDURES FOR COMPLIANCE WITH REGULATION T, (2) COMPLY WITH SECTIONS 7(C)(2), 15(C) (3) AND 17(A)(3) OF THE EXCHANGE ACT AND RULES 17A-3, 15C3-1(C)(2)(X)(F) AND (G) THEREUNDER, AND (3) ADOPT, MAINTAIN AND IMPLEMENT PROCEDURES TO ASSURE THAT THESE UNDERTAKINGS ARE CARRIED OUT.
Other filed details
Description of allegations — filed text
THE SEC ALLEGED THAT FROM JANUARY 1977 THROUGH MARCH 1978, FIRST OPTIONS OF CHICAGO, INC. ("FOC") EXTENDED CREDIT TO ACCOUNTS THAT EXCEEDED THE EQUITY IN THE ACCOUNTS AND FAILED TO PROMPTLY LIQUIDATE EXISTING POSITIONS IN SAID ACCOUNTS, IN VIOLATION OF SECTIONS 7(A), 7(B), 7(C) AND 15(C)(3) OF THE SECURITIES EXCHANGE ACT, AND SECTIONS 3 AND 4 OF FRB REGULATION T.
Sanction detail — filed text
AN UNDERTAKING TO MAINTAIN AND IMPLEMENT PROCEDURES AND COMPLY WITH THE SECURITIES AND EXCHANGE ACT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
FIRST OPTIONS OF CHICAGO,
INC. ("FOC")
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
U.S. SECURITIES AND EXCHANGE COMMISSION ("SEC")
2.
Principal Sanction:
Undertaking
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/17/1977
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-5197
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE SEC ALLEGED THAT FROM JANUARY 1977 THROUGH MARCH 1978, FIRST OPTIONS OF CHICAGO, INC. ("FOC") EXTENDED CREDIT TO ACCOUNTS
THAT EXCEEDED THE EQUITY IN THE ACCOUNTS AND FAILED TO PROMPTLY LIQUIDATE EXISTING POSITIONS IN SAID ACCOUNTS, IN VIOLATION OF
SECTIONS 7(A), 7(B), 7(C) AND 15(C)(3) OF THE SECURITIES EXCHANGE ACT, AND SECTIONS 3 AND 4 OF FRB REGULATION T.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
07/31/1978
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
AN UNDERTAKING TO MAINTAIN AND IMPLEMENT PROCEDURES AND COMPLY WITH THE SECURITIES AND EXCHANGE ACT.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
FOC UNDERTOOK TO (1) MAINTAIN AND IMPLEMENT PROCEDURES FOR COMPLIANCE WITH REGULATION T, (2) COMPLY WITH SECTIONS 7(C)(2), 15(C)
(3) AND 17(A)(3) OF THE EXCHANGE ACT AND RULES 17A-3, 15C3-1(C)(2)(X)(F) AND (G) THEREUNDER, AND (3) ADOPT, MAINTAIN AND IMPLEMENT
PROCEDURES TO ASSURE THAT THESE UNDERTAKINGS ARE CARRIED OUT.regulatory · block 33MTGLQ INVESTORS, L.P.PDF pages 166–168
- Advisory affiliate name — filed text
- MTGLQ INVESTORS, L.P.
- Regulator name — filed text
- ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING
- Monetary/Fine Amount — filed text
- $ 4,500.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
MTGLQ HAS NOT CONDUCTED ANY ACTIVITY REQUIRING THE ILLINOIS LICENSE SINCE MAY 23, 2012 AND HAS REQUESTED THE DEPARTMENT TO RESCIND THE ORDER AND RENEW ITS LICENSE.
Other filed details
Description of allegations — filed text
THE STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING (THE "DEPARTMENT"), ALLEGED THAT: (I) IN ITS APPLICATION TO RENEW ITS RESIDENTIAL MORTGAGE LICENSE FOR 2011 AND 2012, MTGLQ INVESTORS, L.P. ("MTGLQ") SUBMITTED DEFICIENT FINANCIAL STATEMENTS, AND (II) MTGLQ DID NOT RESPOND TO NOTICES FROM THE DEPARTMENT NOTIFYING MTGLQ OF THESE DEFICIENCIES AND CERTAIN ADDITIONAL DEFICIENCIES, NOR DID IT OTHERWISE REMEDY THE NOTED DEFICIENCIES. AS A RESULT THE DEPARTMENT ALLEGED THAT MTGLQ VIOLATED SECTIONS 2-2, 2-4(D) & (T), 2-6, 3-2, 3-5, AND 4-5(I)(11) & (17) OF THE ILLINOIS RESIDENTIAL MORTGAGE LICENSE ACT OF 1987 (THE "ACT") AND SECTIONS 1050.320 AND 1050.430 OF THE RULES PROMULGATED UNDER THE ACT.
Sanction detail — filed text
ON MAY 23, 2012, THE DEPARTMENT ENTERED AN ORDER REFUSING TO RENEW LICENSE AND ASSESSING FINE. THE DEPARTMENT REFUSED TO RENEW AND DENIED MTGLQ'S RESIDENTIAL MORTGAGE LICENSE RENEWAL FOR 2012, AND ASSESSED A $4,500 FINE AGAINST MTGLQ.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
MTGLQ INVESTORS, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
DENIAL; REFUSAL TO RENEW LICENSE
3.
Date Initiated (MM/DD/YYYY):
05/23/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012-MBR-11
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING (THE "DEPARTMENT"), ALLEGED THAT: (I)
IN ITS APPLICATION TO RENEW ITS RESIDENTIAL MORTGAGE LICENSE FOR 2011 AND 2012, MTGLQ INVESTORS, L.P. ("MTGLQ") SUBMITTED DEFICIENT
FINANCIAL STATEMENTS, AND (II) MTGLQ DID NOT RESPOND TO NOTICES FROM THE DEPARTMENT NOTIFYING MTGLQ OF THESE DEFICIENCIES AND
CERTAIN ADDITIONAL DEFICIENCIES, NOR DID IT OTHERWISE REMEDY THE NOTED DEFICIENCIES. AS A RESULT THE DEPARTMENT ALLEGED THAT
MTGLQ VIOLATED SECTIONS 2-2, 2-4(D) & (T), 2-6, 3-2, 3-5, AND 4-5(I)(11) & (17) OF THE ILLINOIS RESIDENTIAL MORTGAGE LICENSE ACT OF 1987
(THE "ACT") AND SECTIONS 1050.320 AND 1050.430 OF THE RULES PROMULGATED UNDER THE ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
05/23/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
REFUSAL TO RENEW LICENSE
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON MAY 23, 2012, THE DEPARTMENT ENTERED AN ORDER REFUSING TO RENEW LICENSE AND ASSESSING FINE. THE DEPARTMENT REFUSED TO
RENEW AND DENIED MTGLQ'S RESIDENTIAL MORTGAGE LICENSE RENEWAL FOR 2012, AND ASSESSED A $4,500 FINE AGAINST MTGLQ.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MTGLQ HAS NOT CONDUCTED ANY ACTIVITY REQUIRING THE ILLINOIS LICENSE SINCE MAY 23, 2012 AND HAS REQUESTED THE DEPARTMENT TO
RESCIND THE ORDER AND RENEW ITS LICENSE.regulatory · block 34CASTELBLANCO, DAVIDPDF pages 168–170
- Advisory affiliate name — filed text
- CASTELBLANCO, DAVID
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 4241945 This advisory affiliate is a Firm an Individual Registered: Yes No Name: CASTELBLANCO, DAVID (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 35GOLDMAN SACHS INTERNATIONALPDF pages 170–172
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 183,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
AFTER REVIEWING GSI'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT LLC ("ICC") IMPOSED A PENALTY OF $183,000 ON GOLDMAN SACHS INTERNATIONAL ("GSI") FOR FAILURE TO SUBMIT DAILY PRICING INFORMATION OF INDEX AND SINGLE NAME PRODUCTS.
Sanction detail — filed text
AFTER REVIEWING GSI'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/08/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2023-404B-017
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
CD(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT LLC ("ICC") IMPOSED A PENALTY OF $183,000 ON GOLDMAN SACHS INTERNATIONAL ("GSI") FOR FAILURE TO SUBMIT DAILY
PRICING INFORMATION OF INDEX AND SINGLE NAME PRODUCTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/22/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 183,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
AFTER REVIEWING GSI'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC
APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
AFTER REVIEWING GSI'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC
APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.regulatory · block 36PDF pages 172–174
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 5,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON SEPTEMBER 4, 2003, THE SEC ENTERED ITS ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTIONS 15(B)(4) & 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO GOLDMAN, SACHS & CO., AS DESCRIBED ABOVE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS ALLEGEDLY VIOLATED (I) SECTION 15(C)(1) AND RULE 15C1-2 OF THE EXCHANGE ACT AS A RESULT OF CERTAIN TRADING IN U.S. TREASURY BONDS ON OCTOBER 31, 2001; AND (II) SECTION 15(F) OF THE EXCHANGE ACT BY FAILING TO MAINTAIN POLICIES AND PROCEDURES SPECIFICALLY ADDRESSED TO THE POSSIBLE MISUSE OF NON-PUBLIC INFORMATION OBTAINED FROM OUTSIDE CONSULTANTS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS CONSENTED TO THE ENTRY OF AN ORDER THAT, AMONG OTHER THINGS, (I) CENSURED GOLDMAN SACHS; (II) DIRECTED GOLDMAN SACHS TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS OF SECTION 15(C)(1)(A) & (C) AND 15(F) AND RULE 15C1-2 OF THE EXCHANGE ACT; (III) ORDERED GOLDMAN SACHS TO PAY DISGORGEMENT AND PREJUDGMENT INTEREST IN THE AMOUNT OF $1,742,642, AND A CIVIL MONETARY PENALTY OF $5 MILLION; AND (IV) DIRECTED GOLDMAN SACHS TO CONDUCT A REVIEW ITS POLICIES AND PROCEDURES ADOPT, IMPLEMENT AND MAINTAIN POLICIES AND PROCEDURES CONSISTENT WITH THE ORDER AND THAT REVIEW. GOLDMAN SACHS ALSO UNDERTOOK TO PAY $2,562,740 IN DISGORGEMENT AND INTEREST RELATING TO CERTAIN TRADING IN U.S. TREASURY BOND FUTURES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Censure Other Sanctions: CEASE AND DESIST, DISGORGEMENT, CIVIL PENALTY AND UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. 3-11240 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Government Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): GOLDMAN SACHS ALLEGEDLY VIOLATED (I) SECTION 15(C)(1) AND RULE 15C1-2 OF THE EXCHANGE ACT AS A RESULT OF CERTAIN TRADING IN U.S. TREASURY BONDS ON OCTOBER 31, 2001; AND (II) SECTION 15(F) OF THE EXCHANGE ACT BY FAILING TO MAINTAIN POLICIES AND PROCEDURES SPECIFICALLY ADDRESSED TO THE POSSIBLE MISUSE OF NON-PUBLIC INFORMATION OBTAINED FROM OUTSIDE CONSULTANTS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 5,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS CONSENTED TO THE ENTRY OF AN ORDER THAT, AMONG OTHER THINGS, (I) CENSURED GOLDMAN SACHS; (II) DIRECTED GOLDMAN SACHS TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS OF SECTION 15(C)(1)(A) & (C) AND 15(F) AND RULE 15C1-2 OF THE EXCHANGE ACT; (III) ORDERED GOLDMAN SACHS TO PAY DISGORGEMENT AND PREJUDGMENT INTEREST IN THE AMOUNT OF $1,742,642, AND A CIVIL MONETARY PENALTY OF $5 MILLION; AND (IV) DIRECTED GOLDMAN SACHS TO CONDUCT A REVIEW ITS POLICIES AND PROCEDURES ADOPT, IMPLEMENT AND MAINTAIN POLICIES AND PROCEDURES CONSISTENT WITH THE ORDER AND THAT REVIEW. GOLDMAN SACHS ALSO UNDERTOOK TO PAY $2,562,740 IN DISGORGEMENT AND INTEREST RELATING TO CERTAIN TRADING IN U.S. TREASURY BOND FUTURES. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON SEPTEMBER 4, 2003, THE SEC ENTERED ITS ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER PURSUANT TO SECTIONS 15(B)(4) & 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO GOLDMAN, SACHS & CO., AS DESCRIBED ABOVE.
regulatory · block 37PDF pages 174–175
- Regulator name — filed text
- PHILADELPHIA STOCK EXCHANGE ("PHLX")
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GS SUBMITTED ON OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS, WHICH WERE ACCEPTED, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO CENSURE AND PAYMENT OF A $2,500 FINE.
Other filed details
Description of allegations — filed text
PHLX ALLEGED THAT ON APRIL 15, 2004, GOLDMAN, SACH & CO. ("GS") FAILED TO MAINTAIN REQUIRED POSITION LIMITS IN VIOLATION OF PHLX RULE 1001.
Sanction detail — filed text
GS PAID A FINE OF $2500.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
PHILADELPHIA STOCK EXCHANGE ("PHLX")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/03/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2005-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
PHLX ALLEGED THAT ON APRIL 15, 2004, GOLDMAN, SACH & CO. ("GS") FAILED TO MAINTAIN REQUIRED POSITION LIMITS IN VIOLATION OF PHLX RULE
1001.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
03/04/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A FINE OF $2500.00
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS SUBMITTED ON OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS, WHICH WERE ACCEPTED, WITHOUT ADMITTING OR
DENYING THE ALLEGATIONS, GS CONSENTED TO CENSURE AND PAYMENT OF A $2,500 FINE.regulatory · block 38PDF pages 175–177
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 4,656,425.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JULY 15, 2004 THE NASD OFFICE OF DISCIPLINARY AFFAIRS AND NATIONAL ADJUDICATORY COUNCIL ACCEPTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS EXECUTED BY THE COMPANY ON JULY 13, 2004. IN THE AWC, THE NASD'S DEPARTMENT OF MARKET REGULATION (WITHOUT MAKING ANY LEGAL OR FACTUAL FINDINGS) STATED OR ALLEGED THAT THE COMPANY HAD VIOLATED NASD RULES RELATING TO MARKUP/MARKDOWNS IN CONNECTION WITH FIVE TRADES OCCURRING BETWEEN JULY 2000 AND AUGUST 2001 BY THE COMPANY'S HIGH-YIELD AND DISTRESSED BOND DESKS; THAT THE COMPANY VIOLATED RECORD-KEEPING RULES IN THAT THOSE DESKS FAILED IN SOME INSTANCES TO CREATE CERTAIN REQUIRED RECORDS AND IN SOME INSTANCES INACCURATELY RECORDED TIMES OF TRADE EXECUTION; AND THAT IN CERTAIN RESPECTS THE COMPANY'S SUPERVISORY SYSTEM FOR HIGH-YIELD AND DISTRESSED BOND TRADING WAS INADEQUATE IN ITS SCOPE AND FLAWED IN ITS EXECUTION.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT ON FIVE PAIRS OF TRADES EXECUTED ON GOLDMAN, SACHS & CO.'S ("GS") HIGH YIELD AND DISTRESSED BOND DESKS BETWEEN JULY 2000 AND AUGUST 2001, GS VIOLATED NASD RULES RELATING TO MARKUPS/MARKDOWNS AND RECORD-KEEPING AND THAT EACH TRANSACTION VIOLATED NASD CONDUCT RULES 2110, 2440, IM-2440, 3010, 3110 AND 6240, SECTION 17(A) OF THE EXCHANGE ACT AND RULES 17A-3 AND 17A-4.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THESE STATEMENTS OR ALLEGATIONS, THE COMPANY CONSENTED TO A CENSURE; TO AN UNDERTAKING TO REVISE THE FIRM'S WRITTEN SUPERVISORY PROCEDURES FOR TRADING IN DISTRESSED AND HIGH-YIELD BONDS AS TO FAIR PRICING AND BOOKS AND RECORDS; TO MAKE RESTITUTION PAYMENTS TOTALING $343,575 IN CONNECTION WITH THE FIVE TRADES MENTIONED ABOVE; TO FINES OF $1,656,425 FOR THE MARKUP/MARKDOWNS AND FIPS REPORTING VIOLATIONS RELATING TO THE FIVE TRADES $1,500,000 FOR THE BOOKS AND RECORDS VIOLATIONS, AND $1,500,000 FOR THE SUPERVISORY VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Censure
Other Sanctions:
FINE
3.
Date Initiated (MM/DD/YYYY):
07/15/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS040106
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT ON FIVE PAIRS OF TRADES EXECUTED ON GOLDMAN, SACHS & CO.'S ("GS") HIGH YIELD AND DISTRESSED BOND DESKS BETWEEN
JULY 2000 AND AUGUST 2001, GS VIOLATED NASD RULES RELATING TO MARKUPS/MARKDOWNS AND RECORD-KEEPING AND THAT EACH TRANSACTION
VIOLATED NASD CONDUCT RULES 2110, 2440, IM-2440, 3010, 3110 AND 6240, SECTION 17(A) OF THE EXCHANGE ACT AND RULES 17A-3 AND 17A-4.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/15/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,656,425.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THESE STATEMENTS OR ALLEGATIONS, THE COMPANY CONSENTED TO A CENSURE; TO AN UNDERTAKING TO
REVISE THE FIRM'S WRITTEN SUPERVISORY PROCEDURES FOR TRADING IN DISTRESSED AND HIGH-YIELD BONDS AS TO FAIR PRICING AND BOOKS
AND RECORDS; TO MAKE RESTITUTION PAYMENTS TOTALING $343,575 IN CONNECTION WITH THE FIVE TRADES MENTIONED ABOVE; TO FINES OF
$1,656,425 FOR THE MARKUP/MARKDOWNS AND FIPS REPORTING VIOLATIONS RELATING TO THE FIVE TRADES $1,500,000 FOR THE BOOKS AND
RECORDS VIOLATIONS, AND $1,500,000 FOR THE SUPERVISORY VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JULY 15, 2004 THE NASD OFFICE OF DISCIPLINARY AFFAIRS AND NATIONAL ADJUDICATORY COUNCIL ACCEPTED A LETTER OF ACCEPTANCE,
WAIVER AND CONSENT ("AWC") THAT WAS EXECUTED BY THE COMPANY ON JULY 13, 2004. IN THE AWC, THE NASD'S DEPARTMENT OF MARKET
REGULATION (WITHOUT MAKING ANY LEGAL OR FACTUAL FINDINGS) STATED OR ALLEGED THAT THE COMPANY HAD VIOLATED NASD RULES RELATING
TO MARKUP/MARKDOWNS IN CONNECTION WITH FIVE TRADES OCCURRING BETWEEN JULY 2000 AND AUGUST 2001 BY THE COMPANY'S HIGH-YIELD
AND DISTRESSED BOND DESKS; THAT THE COMPANY VIOLATED RECORD-KEEPING RULES IN THAT THOSE DESKS FAILED IN SOME INSTANCES TO
CREATE CERTAIN REQUIRED RECORDS AND IN SOME INSTANCES INACCURATELY RECORDED TIMES OF TRADE EXECUTION; AND THAT IN CERTAIN
RESPECTS THE COMPANY'S SUPERVISORY SYSTEM FOR HIGH-YIELD AND DISTRESSED BOND TRADING WAS INADEQUATE IN ITS SCOPE AND FLAWED IN
ITS EXECUTION.regulatory · block 39PDF pages 177–179
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 2,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GOLDMAN SACHS SUBMITTED AN OFFER TO THE SEC, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS OFFERED TO CEASE AND DESIST FROM COMMITTING OR CAUSING VIOLATIONS, AND ANY FUTURE VIOLATIONS, OF SECTION 5(B) AND 5(C) OF THE SECURITIES ACT, AND TO PAY A CIVIL MONEY PENALTY OF $2,000,000 TO THE UNITED STATES TREASURY.
Other filed details
Description of allegations — filed text
THE SEC ALLEGED THAT GOLDMAN SACHS SALES TRADERS FOR THE ASIAN SHARES SALES DESK MADE PUBLIC OFFERS OF SECURITIES VIA E MAIL TO CERTAIN INSTITUTIONAL CUSTOMERS IN CONNECTION WITH FOUR INTERNATIONAL PUBLIC OFFERINGS DURING THE "WAITING PERIOD," WHEN THE REGISTRATION STATEMENTS WERE FILED, BUT NOT YET DECLARED EFFECTIVE BY THE SEC, DURING THE PERIOD OCTOBER 1999 TO MARCH 2000, IN VIOLATION OF SECTION 5(B) OF THE SECURITIES ACT OF 1933 ("SECURITIES ACT"). THE SEC ALLEGED THAT GOLDMAN SACHS FAILED TO SUPERVISE THESE SALES TRADERS FOR PURPOSES OF SECTION 15(B)(4)(E) OF THE SECURITIES EXCHANGE ACT OF 1934. THE SEC ALSO ALLEGED THAT A GOLDMAN SACHS REPRESENTATIVE MADE COMMENTS TO THE MEDIA ON FOUR OCCASIONS IN CONNECTION WITH ONE OF THE PUBLIC OFFERING DURING THE "PRE-FILING PERIOD," THE PERIOD BEFORE THE REGISTRATION STATEMENT WAS FILED WITH THE SEC, FROM JANUARY TO FEBRUARY 2000, IN VIOLATION OF SECTION 5(C) OF THE SECURITIES ACT.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $2,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
U.S. SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/01/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-11533
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE SEC ALLEGED THAT GOLDMAN SACHS SALES TRADERS FOR THE ASIAN SHARES SALES DESK MADE PUBLIC OFFERS OF SECURITIES VIA E MAIL TO
CERTAIN INSTITUTIONAL CUSTOMERS IN CONNECTION WITH FOUR INTERNATIONAL PUBLIC OFFERINGS DURING THE "WAITING PERIOD," WHEN THE
REGISTRATION STATEMENTS WERE FILED, BUT NOT YET DECLARED EFFECTIVE BY THE SEC, DURING THE PERIOD OCTOBER 1999 TO MARCH 2000, IN
VIOLATION OF SECTION 5(B) OF THE SECURITIES ACT OF 1933 ("SECURITIES ACT"). THE SEC ALLEGED THAT GOLDMAN SACHS FAILED TO SUPERVISE
THESE SALES TRADERS FOR PURPOSES OF SECTION 15(B)(4)(E) OF THE SECURITIES EXCHANGE ACT OF 1934. THE SEC ALSO ALLEGED THAT A
GOLDMAN SACHS REPRESENTATIVE MADE COMMENTS TO THE MEDIA ON FOUR OCCASIONS IN CONNECTION WITH ONE OF THE PUBLIC OFFERING
DURING THE "PRE-FILING PERIOD," THE PERIOD BEFORE THE REGISTRATION STATEMENT WAS FILED WITH THE SEC, FROM JANUARY TO FEBRUARY
2000, IN VIOLATION OF SECTION 5(C) OF THE SECURITIES ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
07/01/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $2,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SACHS SUBMITTED AN OFFER TO THE SEC, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS
OFFERED TO CEASE AND DESIST FROM COMMITTING OR CAUSING VIOLATIONS, AND ANY FUTURE VIOLATIONS, OF SECTION 5(B) AND 5(C) OF THE
SECURITIES ACT, AND TO PAY A CIVIL MONEY PENALTY OF $2,000,000 TO THE UNITED STATES TREASURY.regulatory · block 40PDF pages 179–181
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBOT")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GOLDMAN, SACHS & CO. SUBMITTED AN OFFER OF SETTLEMENT TO THE CBOT, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1000 FINE.
Other filed details
Description of allegations — filed text
THE CBOT ALLEGED THAT GOLDMAN, SACHS & CO. FAILED TO MAKE ALL TRADE DATA SUBMISSIONS IN A CORRECT MANNER IN VIOLATION OF REGULATION 332.08.
Sanction detail — filed text
GOLDMAN, SACHS & CO. PAID A FINE OF $1,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBOT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/27/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
04-RFT-026
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CBOT ALLEGED THAT GOLDMAN, SACHS & CO. FAILED TO MAKE ALL TRADE DATA SUBMISSIONS IN A CORRECT MANNER IN VIOLATION OF
REGULATION 332.08.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/01/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. PAID A FINE OF $1,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN, SACHS & CO. SUBMITTED AN OFFER OF SETTLEMENT TO THE CBOT, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE
ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1000 FINE.regulatory · block 41PDF pages 181–182
- Regulator name — filed text
- CHICAGO MERCANTILE EXCHANGE ("CME")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1,000 FINE.
Other filed details
Description of allegations — filed text
CME ALLEGED THAT ON SEPTEMBER 8, 2004, GOLDMAN, SACHS & CO.'S FLOOR ORDER PICK UP EXCEPTION RATE OF 13.40%, EXCEEDED THE ACCEPTABLE RATE, IN VIOLATION OF RULE 536.
Sanction detail — filed text
GOLDMAN, SACHS & CO. PAID A FINE OF $1000.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO MERCANTILE EXCHANGE ("CME")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/14/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
04-24339-CTRA
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME ALLEGED THAT ON SEPTEMBER 8, 2004, GOLDMAN, SACHS & CO.'S FLOOR ORDER PICK UP EXCEPTION RATE OF 13.40%, EXCEEDED THE
ACCEPTABLE RATE, IN VIOLATION OF RULE 536.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
09/20/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. PAID A FINE OF $1000.00
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1,000 FINE.regulatory · block 42PDF pages 183–184
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE NASD ALLEGATIONS RESULTED FROM A TRADING AND MARKET MARKING SURVEILLANCE EXAMINATION CONDUCTED BY THE NASD DEPARTMENT OF MARKET REGULATION DURING NOVEMBER 18-22, 2002. GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO PAY A $5,000 FINE.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO.'S ("GS") SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH SECURITIES LAWS AND REGULATIONS RELATING TO (I) THE PROPER MARKING OF ORDER TICKETS FOR PROPRIETY ORDERS AND COMPLIANCE WITH THE "TICK TEST" AND (II) TRADING IN FRONT OF CUSTOMER ORDERS, IN VIOLATION OF NASD CONDUCT RULES 2110 AND 3010.
Sanction detail — filed text
GS PAID A FINE OF $5000.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/31/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS040209
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO.'S ("GS") SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH SECURITIES LAWS AND REGULATIONS RELATING TO (I) THE PROPER MARKING OF ORDER TICKETS FOR PROPRIETY
ORDERS AND COMPLIANCE WITH THE "TICK TEST" AND (II) TRADING IN FRONT OF CUSTOMER ORDERS, IN VIOLATION OF NASD CONDUCT RULES 2110
AND 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/31/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A FINE OF $5000.00
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE NASD ALLEGATIONS RESULTED FROM A TRADING AND MARKET MARKING SURVEILLANCE EXAMINATION CONDUCTED BY THE NASD DEPARTMENT OF
MARKET REGULATION DURING NOVEMBER 18-22, 2002. GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT TO THE NASD, WHICH WAS
ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO PAY A $5,000 FINE.regulatory · block 43PDF pages 184–186
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GOLDMAN SACHS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WITH NASD. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE BY NASD AND TO PAYMENT OF A $10,000 FINE.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT ON 18 OCCASIONS BETWEEN MARCH 1, 2002 AND JULY 17, 2002, GOLDMAN SACHS EFFECTED TRANSACTIONS IN OTC EQUITY OPTIONS FOR CUSTOMER ACCOUNTS THAT EXCEEDED NASD EQUITY OPTION POSITION LIMITS, AND THAT EACH TRANSACTION VIOLATED NASD CONDUCT RULES 2110 AND 2860(B)(3).
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $10,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/14/2003
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS030239
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT ON 18 OCCASIONS BETWEEN MARCH 1, 2002 AND JULY 17, 2002, GOLDMAN SACHS EFFECTED TRANSACTIONS IN OTC EQUITY
OPTIONS FOR CUSTOMER ACCOUNTS THAT EXCEEDED NASD EQUITY OPTION POSITION LIMITS, AND THAT EACH TRANSACTION VIOLATED NASD
CONDUCT RULES 2110 AND 2860(B)(3).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/14/2003
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $10,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SACHS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WITH NASD. WITHOUT ADMITTING OR DENYING THE
ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE BY NASD AND TO PAYMENT OF A $10,000 FINE.regulatory · block 44PDF pages 186–188
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE, INC. ("NYSE")
- Monetary/Fine Amount — filed text
- $ 175,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
GS SUBMITTED A CONSENT TO PENALTY TO NYSE, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS OFFERED TO BE CENSURED AND PAID A $175,000 FINE.
Other filed details
Description of allegations — filed text
NYSE ALLEGED THAT, DURING THE PERIOD JANUARY THROUGH MAY 2001, GOLDMAN, SACHS & CO. (GS) FAILED TO SUPERVISE AND CONTROL THE ACTIVITIES OF A FORMER REGISTERED REPRESENTATIVE ("RR") WHO FAILED TO TIMELY SUPPLY ACCOUNTS NUMBERS, OR OTHER INDICATIONS OF BENEFICIAL OWNERSHIP OF TRADES, AND DELAY ALLOCATION OF EXECUTED TRADES, WHICH LED TO MORE FAVORABLE TRADES IN THE RR'S PERSONAL ACCOUNT FOR A POTENTIAL GAIN OF $600,000, AND WAS TO THE DETRIMENT OF GS CUSTOMERS, GS IS ALSO ALLEGED TO HAVE FAILED TO ENSURE THAT ITS EMPLOYEES MADE AND PRESERVED BOOKS AND RECORDS CONCERNING ACCOUNT DESIGNATIONS AND EXECUTION OF CUSTOMER ORDERS. THE ALLEGED CONDUCT IS IN VIOLATION OF NYSE RULES 342, 342.16, 440 SECURITIES AND EXCHANGE COMMISSION REGULATIONS 240.17A-3(A)(6) AND (7).
Sanction detail — filed text
GS PAID A TOTAL FINE OF $175,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE, INC. ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/22/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
04-146
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NYSE ALLEGED THAT, DURING THE PERIOD JANUARY THROUGH MAY 2001, GOLDMAN, SACHS & CO. (GS) FAILED TO SUPERVISE AND CONTROL THE
ACTIVITIES OF A FORMER REGISTERED REPRESENTATIVE ("RR") WHO FAILED TO TIMELY SUPPLY ACCOUNTS NUMBERS, OR OTHER INDICATIONS OF
BENEFICIAL OWNERSHIP OF TRADES, AND DELAY ALLOCATION OF EXECUTED TRADES, WHICH LED TO MORE FAVORABLE TRADES IN THE RR'S
PERSONAL ACCOUNT FOR A POTENTIAL GAIN OF $600,000, AND WAS TO THE DETRIMENT OF GS CUSTOMERS, GS IS ALSO ALLEGED TO HAVE FAILED TO
ENSURE THAT ITS EMPLOYEES MADE AND PRESERVED BOOKS AND RECORDS CONCERNING ACCOUNT DESIGNATIONS AND EXECUTION OF CUSTOMER
ORDERS. THE ALLEGED CONDUCT IS IN VIOLATION OF NYSE RULES 342, 342.16, 440 SECURITIES AND EXCHANGE COMMISSION REGULATIONS
240.17A-3(A)(6) AND (7).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
07/21/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 175,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A TOTAL FINE OF $175,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS SUBMITTED A CONSENT TO PENALTY TO NYSE, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS OFFERED TO BE
CENSURED AND PAID A $175,000 FINE.regulatory · block 45PDF pages 188–190
- Regulator name — filed text
- PHILADELPHIA STOCK EXCHANGE ("PHLX")
- Monetary/Fine Amount — filed text
- $ 100,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GOLDMAN, SACHS & CO. SUBMITTED AN OFFER OF SETTLEMENT TO PHLX, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $100,000 FINE.
Other filed details
Description of allegations — filed text
PHLX ALLEGED THAT FROM JANUARY 2003 THROUGH JUNE 2003, ON SIX SEPARATE OCCASIONS, GOLDMAN, SACHS & CO. ENTERED ORDERS TO TRADE ALL OF THE SEPARATE COMPONENTS OF THE EXCHANGE OIL SERVICE SECTOR INDEX OR SEMICONDUCTOR SECTOR INDEX ("INDICES") FOR ITS PRINCIPAL FACILITATION ACCOUNT PRIOR TO FACILITATING THE EXECUTION AT THE PHLX OF CUSTOMER ORDERS TO TRADE OPTIONS ON THE INDICES, IN VIOLATIONS OF PHLX RULE 1064.
Sanction detail — filed text
GOLDMAN, SACHS & CO. WAS CENSURED AND PAID A FINE OF $100,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
p
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
PHILADELPHIA STOCK EXCHANGE ("PHLX")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/11/2004
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2004-10
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
PHLX ALLEGED THAT FROM JANUARY 2003 THROUGH JUNE 2003, ON SIX SEPARATE OCCASIONS, GOLDMAN, SACHS & CO. ENTERED ORDERS TO TRADE
ALL OF THE SEPARATE COMPONENTS OF THE EXCHANGE OIL SERVICE SECTOR INDEX OR SEMICONDUCTOR SECTOR INDEX ("INDICES") FOR ITS
PRINCIPAL FACILITATION ACCOUNT PRIOR TO FACILITATING THE EXECUTION AT THE PHLX OF CUSTOMER ORDERS TO TRADE OPTIONS ON THE
INDICES, IN VIOLATIONS OF PHLX RULE 1064.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
02/02/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 100,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. WAS CENSURED AND PAID A FINE OF $100,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN, SACHS & CO. SUBMITTED AN OFFER OF SETTLEMENT TO PHLX, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE
ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $100,000 FINE.regulatory · block 46PDF pages 190–191
- Regulator name — filed text
- NASD, INC.
- Monetary/Fine Amount — filed text
- $ 125,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON MARCH 17, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT WITH THE NASD. GOLDMAN SACHS AGREED TO CENSURE BY THE NASD AND TO PAY A FINE OF $125,000.
Other filed details
Description of allegations — filed text
THE NASD ALLEGED THAT GOLDMAN SACHS VIOLATED NASD RULES 2710, 2110 AND 3010 FOR FAILING TO TAKE REASONABLE STEPS TO ENSURE THAT SHARES OF AN ISSUER HELD BY RELATIVES OF CERTAIN EMPLOYEES WERE NOT SOLD PRIOR TO THE EXPIRATION OF LOCK-UP PERIODS IN CONNECTION WITH GOLDMAN SACHS' ROLE AS AN UNDERWRITER OF SUCH ISSUER'S IPO.
Sanction detail — filed text
GOLDMAN SACHS PAID THE FINE OF $125,000 ON MARCH 28, 2005.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 05/27/2003 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CE2050004 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Equity Listed (Common & Preferred Stock) Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE NASD ALLEGED THAT GOLDMAN SACHS VIOLATED NASD RULES 2710, 2110 AND 3010 FOR FAILING TO TAKE REASONABLE STEPS TO ENSURE THAT SHARES OF AN ISSUER HELD BY RELATIVES OF CERTAIN EMPLOYEES WERE NOT SOLD PRIOR TO THE EXPIRATION OF LOCK-UP PERIODS IN CONNECTION WITH GOLDMAN SACHS' ROLE AS AN UNDERWRITER OF SUCH ISSUER'S IPO. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 03/17/2005 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 125,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GOLDMAN SACHS PAID THE FINE OF $125,000 ON MARCH 28, 2005. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON MARCH 17, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT WITH THE NASD. GOLDMAN SACHS AGREED TO CENSURE BY THE NASD AND TO PAY A FINE OF $125,000.
regulatory · block 47PDF pages 191–193
- Regulator name — filed text
- THE CHICAGO BOARD OF TRADE ("CBT")
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $10,000.00 FINE.
Other filed details
Description of allegations — filed text
CBT ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED CBT RULES AND REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER FUTURES MARGIN.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $10,000.00 FINE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE CHICAGO BOARD OF TRADE ("CBT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/17/1996
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FILE NO. 95-EX-24
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBT ALLEGED THAT GOLDMAN, SACHS & CO. VIOLATED CBT RULES AND REGULATIONS WITH RESPECT TO SEGREGATED AND SECURED ACCOUNTS
MAINTAINED WITH THIRD PARTY BANKS FOR THE CUSTODY OF CUSTOMER FUTURES MARGIN.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
07/31/1996
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $10,000.00 FINE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $10,000.00 FINE.regulatory · block 48PDF pages 193–195
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 6,250.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND A $6,250.00 FINE.
Other filed details
Description of allegations — filed text
NASDR ALLEGED THAT GS VIOLATED RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS FAILED TO EXECUTE CERTAIN ORDERS AT GS PUBLISHED BID OR OFFER.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND A $6,250.00 FINE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/03/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS 970010
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDR ALLEGED THAT GS VIOLATED RULE 11AC1-1(C) OF THE SECURITIES AND EXCHANGE ACT OF 1934, NASD MARKETPLACE RULE 4613(B) AND NASD
CONDUCT RULES 2110 AND 3320. THE NASDR ALLEGED THAT GS FAILED TO EXECUTE CERTAIN ORDERS AT GS PUBLISHED BID OR OFFER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
04/01/1998
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,250.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND A $6,250.00 FINE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND A $6,250.00 FINE.regulatory · block 49PDF pages 195–196
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED ARTICLE III, SECTION 1 OF THE NASD RULES OF FAIR PRACTICE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/15/1996
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS950125 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED ARTICLE III, SECTION 1 OF THE NASD RULES OF FAIR PRACTICE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/19/1996
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.regulatory · block 50PDF pages 197–198
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED SEC RULE 10B-6A
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/23/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS960195 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED SEC RULE 10B-6A
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/11/1997
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.regulatory · block 51PDF pages 198–200
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 2,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED NASD CONDUCT RULE 2110 AND IM-2110-2 AND SEC RULE 10B - 10(A)(2).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/11/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS970031 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED NASD CONDUCT RULE 2110 AND IM-2110-2 AND SEC RULE 10B - 10(A)(2).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/07/1997
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.regulatory · block 52PDF pages 200–202
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 2,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED MARKETPLACE RULE 4613(E).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/23/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS960204 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED MARKETPLACE RULE 4613(E).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/23/1997
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $2000.00.regulatory · block 53PDF pages 202–203
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $ 1,000.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED ARTICLE III, SECTION 1 AND 42 OF THE NASD RULES OF FAIR PRACTICE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $ 1,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/15/1996
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS960029AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED ARTICLE III, SECTION 1 AND 42 OF THE NASD RULES OF FAIR PRACTICE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/12/1996
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $ 1,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $ 1,000.regulatory · block 54PDF pages 203–205
- Regulator name — filed text
- SECURITIES & EXCHANGE COMMISSION ("SEC")
- Monetary/Fine Amount — filed text
- $ 5,204,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
ON APRIL 6, 2000, GS JOINED IN A GLOBAL SETTLEMENT RESOLVING (I) AN INDUSTRY-WIDE INVESTIGATION BY THE SEC RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCE REFUNDING TRANSACTIONS, AND (II) A RELATED QUI TAM LAWSUIT PURPORTEDLY BROUGHT ON BEHALF OF THE U.S. ENTITLED UNITED STATES EX REL. LISSACK V. GOLDMAN, SACHS & CO., ET AL., 95 CIV. 1363 (S.D.N.Y.)(BSJ).
Other filed details
Description of allegations — filed text
AS PART OF AN INDUSTRY-WIDE INVESTIGATION RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCED REFUNDING TRANSACTIONS, GS JOINED IN A GLOBAL SETTLEMENT PURSUANT TO WHICH GS, WITHOUT ADMITTING OR DENYING THE FINDINGS, CONSENTED TO AN SEC ADMINISTRATIVE ORDER WHICH FOUND, INTER ALIA, THAT GS VIOLATED SECTIONS 17(A)(2)AND(3)OF THE SECURITIES EXCHANGE ACT OF 1933.
Sanction detail — filed text
IN CONNECTION WITH THE GLOBAL SETTLEMENT OF AN INDUSTRY-WIDE INVESTIGATION RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCE REFUNDINGS, GOLDMAN, SACHS & CO.("GS") WAS ORDERED TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES. (SEE SEA REL. NO. 42640)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES & EXCHANGE COMMISSION ("SEC")
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
IN CONNECTION WITH THE GLOBAL SETTLEMENT OF AN INDUSTRY-WIDE INVESTIGATION RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN
ADVANCE REFUNDINGS, GOLDMAN, SACHS & CO.("GS") WAS ORDERED TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1 MILLION TO THE U.S.
TREASURY AND $104,000 TO TWO MUNICIPALITIES. (SEE SEA REL. NO. 42640)
3.
Date Initiated (MM/DD/YYYY):
04/06/2000
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RELS. NO. 33-7832,34-42636 FILE#3-10178
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Government
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
AS PART OF AN INDUSTRY-WIDE INVESTIGATION RELATING TO THE PRICING OF GOVERNMENT SECURITIES IN ADVANCED REFUNDING TRANSACTIONS,
GS JOINED IN A GLOBAL SETTLEMENT PURSUANT TO WHICH GS, WITHOUT ADMITTING OR DENYING THE FINDINGS, CONSENTED TO AN SEC
ADMINISTRATIVE ORDER WHICH FOUND, INTER ALIA, THAT GS VIOLATED SECTIONS 17(A)(2)AND(3)OF THE SECURITIES EXCHANGE ACT OF 1933.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
04/06/2000
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,204,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
IN CONNECTION WITH THE GLOBAL SETTLEMENT OF AN INDUSTRY-WIDE INVESTIGATION RELATING TO THE PRICING OF GOVERNMENT
SECURITIES IN ADVANCE REFUNDINGS, GOLDMAN, SACHS & CO.("GS") WAS ORDERED TO MAKE PAYMENTS TOTALING APPROXIMATELY $5.1
MILLION TO THE U.S. TREASURY AND $104,000 TO TWO MUNICIPALITIES. (SEE SEA REL. NO. 42640)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON APRIL 6, 2000, GS JOINED IN A GLOBAL SETTLEMENT RESOLVING (I) AN INDUSTRY-WIDE INVESTIGATION BY THE SEC RELATING TO THE PRICING OF
GOVERNMENT SECURITIES IN ADVANCE REFUNDING TRANSACTIONS, AND (II) A RELATED QUI TAM LAWSUIT PURPORTEDLY BROUGHT ON BEHALF OF
THE U.S. ENTITLED UNITED STATES EX REL. LISSACK V. GOLDMAN, SACHS & CO., ET AL., 95 CIV. 1363 (S.D.N.Y.)(BSJ).regulatory · block 55PDF pages 205–207
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS,INC.("NASD")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
GS ALLEGEDLY VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD RULES G-12 AND G-14. THE NASDR ALLEGED THAT GS FAILED TO PROVIDE ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL SECURITIES CLEARING CORPORATION.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGED VIOLATIONS, GS SIGNED AN AWC AND CONSENTED TO A MAXIMUM OF A $1000 FINE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS,INC.("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/08/1999
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CAF990036
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GS ALLEGEDLY VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD RULES G-12 AND G-14. THE NASDR ALLEGED THAT GS FAILED TO PROVIDE
ACCURATE AND/OR TIMELY INFORMATION REGARDING MUNICIPAL SECURITIES TRADES TO THE NATIONAL SECURITIES CLEARING CORPORATION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/16/1999
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGED VIOLATIONS, GS SIGNED AN AWC AND CONSENTED TO A MAXIMUM OF A $1000 FINE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 56PDF pages 207–209
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
THE NASD ALLEGED THAT GS VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASD ALLEGED THAT GS UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD AND GS FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND A $17,500 FINE (COMPOSED OF A $10,000 FINE FOR THE FORM T VIOLATIONS, A $5,000 FINE FOR THE WRITTEN SUPERVISORY PROCEDURES VIOLATIONS RELATING TO THE REPORTING OF TRANSACTIONS VIA FORM T, AND A $2,500 FINE FOR THE BEST EXECUTION VIOLATIONS).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
GS AGREED TO PAY A $17,500.00 FINE.
3.
Date Initiated (MM/DD/YYYY):
07/28/1999
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS000016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NASD ALLEGED THAT GS VIOLATED NASD MARKETPLACE RULE 6620 AND NASD CONDUCT RULES 2110 AND 3010. THE NASD ALLEGED THAT GS
UNTIMELY FILED CERTAIN TRANSACTIONS IN OTC EQUITY SECURITIES ON FORMS T WITH THE NASD AND GS FAILED TO ESTABLISH, MAINTAIN AND
ENFORCE WRITTEN SUPERVISORY PROCEDURES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/14/2000
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND A $17,500 FINE (COMPOSED OF A $10,000 FINE FOR
THE FORM T VIOLATIONS, A $5,000 FINE FOR THE WRITTEN SUPERVISORY PROCEDURES VIOLATIONS RELATING TO THE REPORTING OF
TRANSACTIONS VIA FORM T, AND A $2,500 FINE FOR THE BEST EXECUTION VIOLATIONS).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 57PDF pages 209–210
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
NASDR FINED GS FOR ALLEGED VIOLATIONS OF NASD CONDUCT RULE 3360. GS ALLEGEDLY FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE SECURITY.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A $1,000 FINE BY SIGNING AN AWC ON JANUARY 24, 2000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/15/1999
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS990177
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDR FINED GS FOR ALLEGED VIOLATIONS OF NASD CONDUCT RULE 3360. GS ALLEGEDLY FAILED TO REPORT ITS SHORT INTEREST POSITION IN ONE
SECURITY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
01/24/2000
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A $1,000 FINE BY SIGNING AN AWC ON JANUARY 24, 2000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 58PDF pages 210–212
- Regulator name — filed text
- CHICAGO BOARD OF OPTIONS EXCHANGE, INC. ("CBOE")
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Settled
Other filed details
Description of allegations — filed text
CBOE CHARGED THAT GS ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E)
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $10,000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF OPTIONS EXCHANGE, INC. ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/17/2000
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
00-0015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOE CHARGED THAT GS ALLEGEDLY VIOLATED EXCHANGE RULE 4.1 BY ENTERING AN ORDER PRIOR TO DISCLOSING THE TERMS AND CONDITIONS OF
THE ORIGINAL ORDER TO THE RELEVANT TRADING CROWD, AS REQUIRED BY EXCHANGE RULE 6.9(E)
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
06/14/2000
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $10,000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 59GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTDPDF pages 212–214
- Advisory affiliate name — filed text
- GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD
- Regulator name — filed text
- SINGAPORE EXCHANGE DERIVATIVE TRADING LIMITED
- Monetary/Fine Amount — filed text
- $ 250.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD PAID A FINE OF S$250.00.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGX-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN THE COMPANY'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD PAID A FINE OF S$250.00 FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SINGAPORE EXCHANGE DERIVATIVE TRADING LIMITED 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 06/26/2000 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Futures - Commodity Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD FAILED TO IMPOSE MARGINS ON ONE CUSTOMER, VIOLATING SGX-DT RULE 822-CUSTOMER MARGINS, SGX-DT RULE 415(F)-FAILURE TO PROVIDE INFORMATION IN THE COMPANY'S MONTHLY SUBMISSION OF ITS CREDIT FACILITIES OBTAINED FROM FINANCIAL INSTITUTIONS, AND SGX-DT RULE 3500-FAILURE TO OBTAIN A DATED DISCLAIMER STATEMENT FROM ONE CUSTOMER ON SGX-DT MSCI TAIWAN STOCK INDEX FUTURES. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 07/24/2000 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD PAID A FINE OF S$250.00 FOR VIOLATION OF SGX-DT RULE 822. THERE WERE NO FINES IMPOSED FOR VIOLATIONS OF RULES SGX-DT RULE 415(F) AND SGX-DT RULE 3500. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS FUTURES (SINGAPORE) PTE LTD PAID A FINE OF S$250.00.
regulatory · block 60PDF pages 214–216
- Regulator name — filed text
- ALABAMA DEPARTMENT OF COMMISSION AND OFFICE OF THE STATE OF THE ATTORNEY GENERAL, STATE OF ALABAMA
- Monetary/Fine Amount — filed text
- $ 342,654.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED CODE OF ALABAMA 1975 8-6-3(J)(7) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND CODE OF ALABAMA 1975 8-6-3(J)(10) WHICH STATES BROKER- DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL, STATE OF ALABAMA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $342,654 PAYMENT TO THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL, STATE OF ALABAMA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) ALABAMA DEPARTMENT OF COMMISSION AND OFFICE OF THE STATE OF THE ATTORNEY GENERAL, STATE OF ALABAMA 2. Principal Sanction: Cease and Desist Other Sanctions: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING 8-6-3(J)(7) AND 8-6-3(J)(10) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE ORDER AND WILL COMPLY WITH 8-6-3(J)(7) AND 8-6-3(J)(10) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CO-2003-0031 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL, STATE OF ALABAMA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/06/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 342,654.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING 8-6-3(J)(7) AND 8-6-3(J)(10) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE ORDER AND WILL COMPLY WITH 8-6-3(J)(7) AND 8-6-3(J)(10) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $342,654 PAYMENT TO THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL, STATE OF ALABAMA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ALABAMA SECURITIES COMMISSION AND OFFICE OF THE ATTORNEY GENERAL THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED CODE OF ALABAMA 1975 8-6-3(J)(7) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND CODE OF ALABAMA 1975 8-6-3(J)(10) WHICH STATES BROKER- DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 61PDF pages 216–217
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.,("NASD")
- Monetary/Fine Amount — filed text
- $ 13,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JULY 14, 2000, GS CONSENTED TO A CENSURE AND FINE OF $13,000 BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED ON OCTOBER 10, 2000.
Other filed details
Description of allegations — filed text
ALLEGED FAILURE BY GS AS A MARKET MAKER TO MAKE REASONABLE EFFORTS TO AVOID A LOCKED OR CROSSED MARKET BY EXECUTING TRANSACTIONS WITH ALL MARKET MAKERS WHOSE QUOTATIONS WOULD BE LOCKED OR CROSSED, ENTERED A BID OR ASKED QUOTATION WHICH CAUSED A LOCKED OR CROSSSED MARKET CONDITION TO OCCUR.
Sanction detail — filed text
ON JULY 14, 2000, GS CONSENTED TO A CENSURE AND FINE OF $13,000 BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED ON OCTOBER 10, 2000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.,("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/14/2000
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS000202 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ALLEGED FAILURE BY GS AS A MARKET MAKER TO MAKE REASONABLE EFFORTS TO AVOID A LOCKED OR CROSSED MARKET BY EXECUTING
TRANSACTIONS WITH ALL MARKET MAKERS WHOSE QUOTATIONS WOULD BE LOCKED OR CROSSED, ENTERED A BID OR ASKED QUOTATION WHICH
CAUSED A LOCKED OR CROSSSED MARKET CONDITION TO OCCUR.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/10/2000
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 13,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON JULY 14, 2000, GS CONSENTED TO A CENSURE AND FINE OF $13,000 BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH
WAS ACCEPTED ON OCTOBER 10, 2000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JULY 14, 2000, GS CONSENTED TO A CENSURE AND FINE OF $13,000 BY SIGNING A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS
ACCEPTED ON OCTOBER 10, 2000.regulatory · block 62PDF pages 217–219
- Regulator name — filed text
- CHICAGO BOARD OF OPTIONS EXCHANGE, INC ("CBOE")
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
MATTER SETTLED WITHOUT ADMITTING OR DENYING THE VIOLATIONS ATTENDED.
Other filed details
Description of allegations — filed text
ALLEGATIONS OF VIOLATIONS OF CBOE RULE 4.1 (JUST AND EQUITABLE PRINCIPLES OF TRADE) AND RULES 6.43, 6.74(B)(III), 6.9(D) AND REGULATORY CIRCULAR RG97-113, HAVING TO DO WITH CONDUCT ON THE FLOOR RULES, IN CONNECTION WITH A SERIES OF TRADES ON ONE BUSINESS DAY.
Sanction detail — filed text
GS PAID A FINE OF $15,000 ON 02/08/01.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF OPTIONS EXCHANGE, INC ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE AND $15,000.00 FINE.
3.
Date Initiated (MM/DD/YYYY):
03/11/1999
Exact
Explanation
If not exact, provide explanation:
DATE OF OCCURRENCE.
4.
Docket/Case Number:
FILE NO. 00-0026
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
N/A
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ALLEGATIONS OF VIOLATIONS OF CBOE RULE 4.1 (JUST AND EQUITABLE PRINCIPLES OF TRADE) AND RULES 6.43, 6.74(B)(III), 6.9(D) AND REGULATORY
CIRCULAR RG97-113, HAVING TO DO WITH CONDUCT ON THE FLOOR RULES, IN CONNECTION WITH A SERIES OF TRADES ON ONE BUSINESS DAY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision & Order of Offer of Settlement
11. Resolution Date (MM/DD/YYYY):
01/23/2001
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A FINE OF $15,000 ON 02/08/01.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MATTER SETTLED WITHOUT ADMITTING OR DENYING THE VIOLATIONS ATTENDED.regulatory · block 63PDF pages 219–221
- Regulator name — filed text
- CHICAGO BOARD OF OPTIONS EXCHANGE, INC. ("CBOE")
- Monetary/Fine Amount — filed text
- $ 2,758.00
- How was matter resolved — filed text
- Settled
Other filed details
Description of allegations — filed text
CBOE CHARGED THAT GS VIOLATED RULE 4.11, POSITION LIMITS.
Sanction detail — filed text
GS PAID A FINE OF $2,758.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF OPTIONS EXCHANGE, INC. ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/09/2001
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
N/A
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
N/A
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOE CHARGED THAT GS VIOLATED RULE 4.11, POSITION LIMITS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
06/07/2001
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,758.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A FINE OF $2,758.00
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 64PDF pages 221–223
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $25,000.00 FINE AND A CENSURE.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. AND NUMEROUS OTHER MUNICIPAL DEALERS ALLEGEDLY VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULE G-36 BY FAILING TO SUBMIT REQUIRED ADVANCED REFUNDING DOCUMENTATION TO THE MSRB AND FAILING TO TIMELY SUBMIT OFFICIAL STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB DURING THE APPROXIMATE PERIOD 9/95-9/96.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $25,000.00 FINE AND A CENSURE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/15/1997
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
C10970188
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. AND NUMEROUS OTHER MUNICIPAL DEALERS ALLEGEDLY VIOLATED MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB")
RULE G-36 BY FAILING TO SUBMIT REQUIRED ADVANCED REFUNDING DOCUMENTATION TO THE MSRB AND FAILING TO TIMELY SUBMIT OFFICIAL
STATEMENTS AND/OR OTHER DOCUMENTS TO THE MSRB DURING THE APPROXIMATE PERIOD 9/95-9/96.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
12/15/1997
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 25,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $25,000.00 FINE AND A CENSURE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY VIOLATIONS, GOLDMAN, SACHS & CO. CONSENTED TO A $25,000.00 FINE AND A CENSURE.regulatory · block 65PDF pages 223–224
- Regulator name — filed text
- ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES AND CORPORATIONS
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED ALASKA CODE AS 45.55.060 (A)(7) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND AS 45.55.060 (B)(1) WHICH STATES BROKER-DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES AND CORPORATIONS 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 04-02 S 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 05/23/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ALASKA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF BANKING, SECURITIES, AND CORPORATIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED ALASKA CODE AS 45.55.060 (A)(7) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND AS 45.55.060 (B)(1) WHICH STATES BROKER-DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 66PDF pages 225–226
- Regulator name — filed text
- ARKANSAS SECURITIES DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED ARK. CODE ANN. §§ 2342308 (A)(2)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND ARK. CODE ANN. §§ 2342308 (A)(2)(J) WHICH STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING ARKANSAS SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE ARKANSAS SECURITIES DEPARTMENT WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) ARKANSAS SECURITIES DEPARTMENT 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: S-03-016-03-C003 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING ARKANSAS SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE ARK. CODE ANN. §§ 2342308(A)(2)(G) AND 2342308(A)(2)(J)IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH §§ 2342308(A)(2)(G) AND 2342308(A) (2)(J) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE ARKANSAS SECURITIES DEPARTMENT WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED ARK. CODE ANN. §§ 2342308 (A)(2)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND ARK. CODE ANN. §§ 2342308 (A)(2)(J) WHICH STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 67PDF pages 226–228
- Regulator name — filed text
- STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS
- Monetary/Fine Amount — filed text
- $ 2,609,851.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED CORPORATIONS CODE SECTION 25218 AND TITLE 10 CALIFORNIA CODE OF REGULATIONS SECTION 260.218 AND 260.218.4(A) BY: FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING AND FAILING TO REASONABLY SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCED FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $2,609,851 PAYMENT TO THE STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 081832609851 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 12/15/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 2,609,851.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND REFRAIN FROM VIOLATING THE CORPORATE SECURITIES LAW OF 1968 AS NOTED ABOVE IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH CALIFORNIA CORPORATIONS CODE SECTION 25000 ET SEQ. IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $2,609,851 PAYMENT TO THE STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY, DEPARTMENT OF CORPORATIONS, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED CORPORATIONS CODE SECTION 25218 AND TITLE 10 CALIFORNIA CODE OF REGULATIONS SECTION 260.218 AND 260.218.4(A) BY: FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING AND FAILING TO REASONABLY SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCED FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 68PDF pages 228–230
- Regulator name — filed text
- STATE OF DELAWARE DEPUTY ATTORNEY GENERAL, DEPARTMENT OF JUSTICE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF DELAWARE DEPARTMENT OF JUSTICE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED 6 DEL.C. §7316 (A)(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 6 DEL. C. §7316(A)(10) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE REASONABLY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF DELAWARE DEPUTY ATTORNEY GENERAL, DEPARTMENT OF JUSTICE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO STATE OF DELAWARE DEPARTMENT OF JUSTICE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF DELAWARE DEPUTY ATTORNEY GENERAL, DEPARTMENT OF JUSTICE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: C.A. NO. 03-6-5 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF DELAWARE DEPUTY ATTORNEY GENERAL, DEPARTMENT OF JUSTICE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/11/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE DELAWARE SECURITIES ACT (6 DEL. C. CHAP.73) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, WILL COMPLY WITH THE DELAWARE SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO STATE OF DELAWARE DEPARTMENT OF JUSTICE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF DELAWARE DEPARTMENT OF JUSTICE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED 6 DEL.C. §7316 (A)(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 6 DEL. C. §7316(A)(10) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE REASONABLY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 69PDF pages 230–232
- Regulator name — filed text
- GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED D.C. OFFICIAL CODE §31 5602.07(A)(9) BY FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GOLDMAN SACHS ALSO VIOLATED D.C. OFFICIAL CODE §315602.07(A)(12) BY FAILING TO REASONABLY SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SEC. CO 03-03 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/19/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE D.C. OFFICIAL CODE §§ 315602.07(A)(9),(12) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, WILL COMPLY WITH THE D.C. OFFICIAL CODE §§ 315602.07(A)(9),(12) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, DEPARTMENT OF INSURANCE AND SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED D.C. OFFICIAL CODE §31 5602.07(A)(9) BY FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GOLDMAN SACHS ALSO VIOLATED D.C. OFFICIAL CODE §315602.07(A)(12) BY FAILING TO REASONABLY SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 70PDF pages 232–234
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GOLDMAN SACHS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WITH NASD. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE BY NASD AND THE PAYMENT OF A $20,000 FINE.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT IN 128 INSTANCES BETWEEN JULY 2003 AND SEPTEMBER 2003, DURING THE 9 MINUTE PERIOD IMMEDIATELY PRIOR TO THE OPENING OF THE MARKET, GOLDMAN SACHS, AS MARKET MAKER FOR CERTAIN SECURITIES, CAUSED A LOCKED/CROSSED MARKET CONDITION BY ENTERING A BID (ASK) QUOTATION THAT LOCKED/CROSSED ANOTHER MARKET MAKER'S QUOTATION WITHOUT IMMEDIATELY SENDING THROUGH SELECTNET TO SUCH LOCKED/CROSSED MARKET MAKER A TRADE-ON-MOVE MESSAGE THAT WAS AT THE RECEIVING MARKET MAKER'S QUOTED PRICE AND WHOSE AGGREGATE SIZE WAS AT LEAST 5,000 SHARES, IN VIOLATION OF NASD MARKETPLACE RULE 4613(E)(L)(C).
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $20,000
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
05/23/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS 040111
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT IN 128 INSTANCES BETWEEN JULY 2003 AND SEPTEMBER 2003, DURING THE 9 MINUTE PERIOD IMMEDIATELY PRIOR TO THE
OPENING OF THE MARKET, GOLDMAN SACHS, AS MARKET MAKER FOR CERTAIN SECURITIES, CAUSED A LOCKED/CROSSED MARKET CONDITION BY
ENTERING A BID (ASK) QUOTATION THAT LOCKED/CROSSED ANOTHER MARKET MAKER'S QUOTATION WITHOUT IMMEDIATELY SENDING THROUGH
SELECTNET TO SUCH LOCKED/CROSSED MARKET MAKER A TRADE-ON-MOVE MESSAGE THAT WAS AT THE RECEIVING MARKET MAKER'S QUOTED PRICE
AND WHOSE AGGREGATE SIZE WAS AT LEAST 5,000 SHARES, IN VIOLATION OF NASD MARKETPLACE RULE 4613(E)(L)(C).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/01/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $20,000
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SACHS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WITH NASD. WITHOUT ADMITTING OR DENYING THE
ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE BY NASD AND THE PAYMENT OF A $20,000 FINE.regulatory · block 71PDF pages 234–235
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE ("ISE")
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WITH ISE. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE BY ISE AND TO PAYMENT OF A $15,000 FINE.
Other filed details
Description of allegations — filed text
THE ISE ALLEGED THAT IN 43 INSTANCES BETWEEN NOVEMBER 2002 THROUGH APRIL 2003, GOLDMAN SACHS ("GS"), AS ELECTRONIC ACCESS MEMBER ("EAM"), RECEIVED CUSTOMER ORDERS AND WITHIN 30 SECONDS OF ENTERING THE ORDERS INTO THE ISE TRADING SYSTEM, GS ENTERED PROPRIETARY ORDERS THAT EXECUTED AGAINST THE CUSTOMER ORDERS, IN VIOLATION OF ISE RULE 717(D). THE ISE ALLEGED THAT ON ONE OCCASION IN DECEMBER 2002, GS, AS EAM, RECEIVED A CUSTOMER ORDER WHICH WAS EXECUTED AGAINST AN EXISTING PRINCIPAL ORDER WITHOUT FIRST POSTING THE ORDER ON THE EXCHANGE FOR 30 SECONDS, IN VIOLATION OF ISE RULE 717(D). THE ISE ALSO ALLEGED THAT GS FAILED TO MENTION SATISFACTORY WRITTEN SUPERVISORY PROCEDURES TO ENSURE COMPLIANCE WITH ISE RULES REGARDING PROPER FACILITATION OF CUSTOMER ORDERS BY GS, IN VIOLATION OF ISE RULE 401.
Sanction detail — filed text
GS PAID A TOTAL FINE OF $15,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INTERNATIONAL SECURITIES EXCHANGE ("ISE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/23/2003
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2002-1130-03; 2002-1231-10; 2003-01;
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE ISE ALLEGED THAT IN 43 INSTANCES BETWEEN NOVEMBER 2002 THROUGH APRIL 2003, GOLDMAN SACHS ("GS"), AS ELECTRONIC ACCESS
MEMBER ("EAM"), RECEIVED CUSTOMER ORDERS AND WITHIN 30 SECONDS OF ENTERING THE ORDERS INTO THE ISE TRADING SYSTEM, GS ENTERED
PROPRIETARY ORDERS THAT EXECUTED AGAINST THE CUSTOMER ORDERS, IN VIOLATION OF ISE RULE 717(D). THE ISE ALLEGED THAT ON ONE
OCCASION IN DECEMBER 2002, GS, AS EAM, RECEIVED A CUSTOMER ORDER WHICH WAS EXECUTED AGAINST AN EXISTING PRINCIPAL ORDER
WITHOUT FIRST POSTING THE ORDER ON THE EXCHANGE FOR 30 SECONDS, IN VIOLATION OF ISE RULE 717(D). THE ISE ALSO ALLEGED THAT GS
FAILED TO MENTION SATISFACTORY WRITTEN SUPERVISORY PROCEDURES TO ENSURE COMPLIANCE WITH ISE RULES REGARDING PROPER
FACILITATION OF CUSTOMER ORDERS BY GS, IN VIOLATION OF ISE RULE 401.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/18/2004
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A TOTAL FINE OF $15,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WITH ISE. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO
A CENSURE BY ISE AND TO PAYMENT OF A $15,000 FINE.regulatory · block 72PDF pages 236–237
- Regulator name — filed text
- STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION
- Monetary/Fine Amount — filed text
- $ 1,231,461.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF FLORIDA, OFFICE OF FINANCIAL REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 517.161 (1)(A), FLA. STAT., AND 3E-600.013 (1)(P)1., FLA. ADMIN. CODE THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND THE REQUIREMENT THAT BROKER-DEALERS SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $1,231,461 PAYMENT TO THE STATE OF FLORIDA, OFFICE OF FINANCIAL REGULATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: OFR NO. 0043-S-6/03 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/19/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 1,231,461.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTION 517.161 (1)(A), FLA. STAT., AND RULE 3E-600.013 (1)(P)1., FLA. ADMIN. CODE, IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS AGREEMENT AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $1,231,461 PAYMENT TO THE STATE OF FLORIDA, OFFICE OF FINANCIAL REGULATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF FLORIDA, OFFICE OF FINANCIAL REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 517.161 (1)(A), FLA. STAT., AND 3E-600.013 (1)(P)1., FLA. ADMIN. CODE THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND THE REQUIREMENT THAT BROKER-DEALERS SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 73PDF pages 237–239
- Regulator name — filed text
- STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 630,775.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF GEORGIA, SECRETARY OF STATE, COMMISSIONER OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED O.C.G.A. §§ 1054 (A)(8) AND 10512 (A)(1) AND RULE 590-4-2-.14(1) THAT STATES ANALYSTS WHO ISSUE RESEARCH BE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND IB. ADDITIONALLY, O.C.G.A. §§ 1054 (A)(11) AND 10512(A)(1) AND RULE 59042.08 (1) THAT STATES ANALYSTS WHO ISSUED RESEARCH WERE REASONABLY SUPERVISED.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $630,775 PAYMENT TO THE STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: EN-19516 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 630,775.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS SHALL CEASE AND DESIST FROM VIOLATING O.C.G.A. §§1054(A)(8) AND (11) AND 10512(A)(1) AND RULES 5904208 91) AND 590-4-2-.14 (1) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, SHALL COMPLY WITH THE ACT AND RULES IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND SHALL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $630,775 PAYMENT TO THE STATE OF GEORGIA SECRETARY OF STATE COMMISSIONER OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF GEORGIA, SECRETARY OF STATE, COMMISSIONER OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED O.C.G.A. §§ 1054 (A)(8) AND 10512 (A)(1) AND RULE 590-4-2-.14(1) THAT STATES ANALYSTS WHO ISSUE RESEARCH BE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND IB. ADDITIONALLY, O.C.G.A. §§ 1054 (A)(11) AND 10512(A)(1) AND RULE 59042.08 (1) THAT STATES ANALYSTS WHO ISSUED RESEARCH WERE REASONABLY SUPERVISED.
regulatory · block 74PDF pages 239–241
- Regulator name — filed text
- HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE HAWAII DEPARTMENT OF COMMERCE AND AFFAIRS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED H.R.S. §48515(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND H.R.S. §48515(10) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SEU2002-045 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING H.R.S. §§48515(7) AND 48515(10) OF THE UNIFORM SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNIFORM SECURITIES ACT, H.R.S. CH. 485 IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, SECURITIES ENFORCEMENT ATTORNEY WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE HAWAII DEPARTMENT OF COMMERCE AND AFFAIRS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED H.R.S. §48515(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND H.R.S. §48515(10) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 75PDF pages 241–243
- Regulator name — filed text
- STATE OF CONNECTICUT DEPARTMENT OF BANKING
- Monetary/Fine Amount — filed text
- $ 262,402.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF CONNECTICUT, DEPARTMENT OF BANKING, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 36B-4(B) OF THE ACT THAT PROSCRIBES ENGAGING IN DISHONEST OR UNETHICAL PRACTICES IN CONNECTION WITH THE OFFER, SALE OR PURCHASE OF A SECURITY AND SECTION 36B-31-6F(B) OF THE REGULATIONS STATING BROKER-DEALERS ARE REQUIRED TO ESTABLISH, ENFORCE, AND MAINTAIN A SYSTEM FOR SUPERVISING THEIR EMPLOYEES AND AGENTS THAT IS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF CONNECTICUT DEPARTMENT OF BANKING, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $262,402 PAYMENT TO STATE OF CONNECTICUT DEPARTMENT OF BANKING WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF CONNECTICUT DEPARTMENT OF BANKING 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CO-2003-6797-S 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF CONNECTICUT DEPARTMENT OF BANKING, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/27/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 262,402.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS CONSENT ORDER, WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS CONSENT ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $262,402 PAYMENT TO STATE OF CONNECTICUT DEPARTMENT OF BANKING WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF CONNECTICUT, DEPARTMENT OF BANKING, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 36B-4(B) OF THE ACT THAT PROSCRIBES ENGAGING IN DISHONEST OR UNETHICAL PRACTICES IN CONNECTION WITH THE OFFER, SALE OR PURCHASE OF A SECURITY AND SECTION 36B-31-6F(B) OF THE REGULATIONS STATING BROKER-DEALERS ARE REQUIRED TO ESTABLISH, ENFORCE, AND MAINTAIN A SYSTEM FOR SUPERVISING THEIR EMPLOYEES AND AGENTS THAT IS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS.
regulatory · block 76PDF pages 243–245
- Regulator name — filed text
- STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 331,417.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED §1151410(1)(G), C.R.S., AND RULE 514.7 THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND §1151410 (1)(I), C.R.S. THAT STATES BROKER DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND SALES REPRESENTATIVES.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $331,417 PAYMENT TO THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 04-L-12 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITIES RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/06/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 331,417.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS IS PROHIBITED FROM FUTURE VIOLATIONS OF THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE CONSENT ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS CONSENT ORDER. ADDITIONALLY, GOLDMAN SACHS WILL COMPLY WITH THE CONDITIONS AND LIMITATIONS CONTAINED IN ADDENDUM A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $331,417 PAYMENT TO THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED §1151410(1)(G), C.R.S., AND RULE 514.7 THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND §1151410 (1)(I), C.R.S. THAT STATES BROKER DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND SALES REPRESENTATIVES.
regulatory · block 77PDF pages 245–246
- Regulator name — filed text
- STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY, SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 395,321.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED A.R.S. §441961 (A)(13) IN FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURE AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. ADDITIONALLY, GOLDMAN SACHS FAILED TO SUPERVISE ITS EMPLOYEES TO ENSURE ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURED AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $395,321 PAYMENT TO THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY, SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: S-03533A-03-0000 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/29/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 395,321.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: PURSUANT TO A.R.S. §441961 (B)(2) AND (3), GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING A.R.S. §441961 (A)(13) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED ON THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $395,321 PAYMENT TO THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF ARIZONA CONSUMER PROTECTION & ADVOCACY SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED A.R.S. §441961 (A)(13) IN FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURE AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. ADDITIONALLY, GOLDMAN SACHS FAILED TO SUPERVISE ITS EMPLOYEES TO ENSURE ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURED AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 78PDF pages 247–248
- Regulator name — filed text
- STATE OF IDAHO DEPARTMENT OF FINANCE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF IDAHO DEPARTMENT OF FINANCE THAT HAS FOUND GOLDMAN SACHS TO HAVE VIOLATED IDAHO CODE 30-1413(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND IDAPA 12.01.08.119(01) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF IDAHO DEPARTMENT OF FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF IDAHO DEPARTMENT OF FINANCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF IDAHO DEPARTMENT OF FINANCE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2003-7-21 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF IDAHO DEPARTMENT OF FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 08/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING IDAHO CODE §301413(7) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, WILL COMPLY WITH IDAHO CODE §301413(7) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED BY REFERENCE HEREIN. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF IDAHO DEPARTMENT OF FINANCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF IDAHO DEPARTMENT OF FINANCE THAT HAS FOUND GOLDMAN SACHS TO HAVE VIOLATED IDAHO CODE 30-1413(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND IDAPA 12.01.08.119(01) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 79PDF pages 248–250
- Regulator name — filed text
- STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 956,921.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF ILLINOIS SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 8.E(1)(B) THAT PROSCRIBES THE USE OF UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND SECTION 8.E(1)(E)(IV) THAT REQUIRES DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $956,921 PAYMENT TO THE STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 0300910 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 12/04/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 956,921.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTIONS 8.E(1)(B) AND 8.E(1)(E)(IV) OF THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH SECTIONS 8.E(1)(B) AND 8.E(1)(E)(IV) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $956,921 PAYMENT TO THE STATE OF ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF ILLINOIS SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 8.E(1)(B) THAT PROSCRIBES THE USE OF UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND SECTION 8.E(1)(E)(IV) THAT REQUIRES DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES.
regulatory · block 80PDF pages 250–252
- Regulator name — filed text
- STATE OF INDIANA SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 468,508.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF INDIANA SECURITIES DIVISION, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED IND. CODE § 232111(A)(6); 710 IND. ADMIN. CODE 1171(W) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND IND. CODE § 232111(A)(14); 710 IND. ADMIN. CODE 1171(V) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF INDIANA SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $468,508 PAYMENT TO THE STATE OF INDIANA SECURITIES DIVISION, WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF INDIANA SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-0064 CO 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF INDIANA SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/10/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 468,508.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER; WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER; AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $468,508 PAYMENT TO THE STATE OF INDIANA SECURITIES DIVISION, WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF INDIANA SECURITIES DIVISION, THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED IND. CODE § 232111(A)(6); 710 IND. ADMIN. CODE 1171(W) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND IND. CODE § 232111(A)(14); 710 IND. ADMIN. CODE 1171(V) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 81PDF pages 252–254
- Regulator name — filed text
- STATE OF IOWA SECURITIES BUREAU
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE IOWA SECURITIES BUREAU THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 502.304(1)(G), CODE OF IOWA (2003) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND SECTION 502.304(1)(J), CODE OF IOWA (2003) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF IOWA SECURITIES BUREAU, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF IOWA SECURITIES BUREAU WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF IOWA SECURITIES BUREAU 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: C04-12-429 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF IOWA SECURITIES BUREAU, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 01/30/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE SECTION 502.304(1)(G) AND (J), CODE OF IOWA (2003) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE SECTION 502.304(1)(G) AND (J), CODE OF IOWA (2003) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF IOWA SECURITIES BUREAU WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE IOWA SECURITIES BUREAU THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 502.304(1)(G), CODE OF IOWA (2003) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND SECTION 502.304(1)(J), CODE OF IOWA (2003) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 82PDF pages 254–256
- Regulator name — filed text
- KANSAS OFFICE OF THE SECURITIES COMMISSIONER
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE KANSAS OFFICE OF THE SECURITIES COMMISSIONER THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED K.S.A. 17-1254(M)(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND K.S.A. 17-1254(M)(12) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF KANSAS OFFICE OF THE SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF KANSAS OFFICE OF THE SECURITIES COMMISSIONER WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) KANSAS OFFICE OF THE SECURITIES COMMISSIONER 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2003E045 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF KANSAS OFFICE OF THE SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): ( ) 09/24/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING K.S.A. 17-1254(M)(7) & (12) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH K.S.A. 17-1254(M)(7) & (12) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF KANSAS OFFICE OF THE SECURITIES COMMISSIONER WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE KANSAS OFFICE OF THE SECURITIES COMMISSIONER THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED K.S.A. 17-1254(M)(7) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND K.S.A. 17-1254(M)(12) THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 83PDF pages 256–257
- Regulator name — filed text
- COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS
- Monetary/Fine Amount — filed text
- $ 311,423.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED KRS 292.330(13)(A)7 THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND KRS 292.330(13)(A)9A THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $311,423 PAYMENT TO THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CRD #361 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 311,423.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTIONS KRS 292.330(13)(A)7 AND KRS 292.330(13)(A)9A OF THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THE ORDER. GOLDMAN SACHS WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $311,423 PAYMENT TO THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF KENTUCKY DEPARTMENT OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED KRS 292.330(13)(A)7 THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND KRS 292.330(13)(A)9A THAT REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 84PDF pages 257–259
- Regulator name — filed text
- STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF MAINE OFFICE OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED 32 M.R.S.A. § 10313(1)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 32 M.R.S.A. §10313(1)(J) THAT REQUIRES BROKERDEALERS TO SUPERVISE REASONABLY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-103 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/27/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTIONS 10313(1)(G) AND 10313(1)(J) OF THE REVISED MAINE SECURITIES ACT WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF MAINE OFFICE OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED 32 M.R.S.A. § 10313(1)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 32 M.R.S.A. §10313(1)(J) THAT REQUIRES BROKERDEALERS TO SUPERVISE REASONABLY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 85PDF pages 259–261
- Regulator name — filed text
- STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES
- Monetary/Fine Amount — filed text
- $ 765,768.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS HAS ENTERED INTO A CONSENT ORDER WITH THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MCL 451.604(A)(1)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MCL 451.604(A)(2) THAT STATES BROKER-DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $765,768 PAYMENT TO THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-039-M 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/05/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 765,768.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING MCL 451.604 (A)(1)(G) AND 451.604(A)(2) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, WILL COMPLY WITH MCL 451.604(A)(1)(G) AND 451.604(A)(2) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $765,768 PAYMENT TO THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS HAS ENTERED INTO A CONSENT ORDER WITH THE STATE OF MICHIGAN, OFFICE OF FINANCIAL AND INSURANCE SERVICES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MCL 451.604(A)(1)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MCL 451.604(A)(2) THAT STATES BROKER-DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 86PDF pages 261–263
- Regulator name — filed text
- MARYLAND SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 408,100.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MARYLAND SECURITIES ACT, SECTION 11-412(A)(7) THAT SUBJECT BROKER-DEALERS TO SANCTION FOR ENGAGING IN DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MARYLAND SECURITIES ACT 11-412(A)(10) THAT STATES BROKER-DEALERS ARE ALSO SUBJECT TO SANCTION FOR FAILURE TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MARYLAND SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $408,100 PAYMENT TO MARYLAND SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) MARYLAND SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2002-0893 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE MARYLAND SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/21/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 408,100.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE MARYLAND SECURITIES ACT AS NOTED ABOVE, IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE MARYLAND SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $408,100 PAYMENT TO MARYLAND SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MARYLAND SECURITIES ACT, SECTION 11-412(A)(7) THAT SUBJECT BROKER-DEALERS TO SANCTION FOR ENGAGING IN DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MARYLAND SECURITIES ACT 11-412(A)(10) THAT STATES BROKER-DEALERS ARE ALSO SUBJECT TO SANCTION FOR FAILURE TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 87PDF pages 263–265
- Regulator name — filed text
- THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 489,205.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS HAS ENTERED INTO A CONSENT ORDER WITH THE COMMON-WEALTH OF MASSACHUSETTS, SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED M.G.L. C. 110A, §204(A)(2)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND M.G.L. C. 110A, §204(A)(2)(J) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $489,205 PAYMENT TO THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: E-2003-41 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 489,205.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING M.G.L. C. 110A, §§ 204 (A)(2)(G) AND 204(A)(2)(J) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH M.G.L. C. 110A, §§ 204(A)(2)(G) AND 204(A)(2)(J) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $489,205 PAYMENT TO THE COMMONWEALTH OF MASSACHUSETTS, SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS HAS ENTERED INTO A CONSENT ORDER WITH THE COMMON-WEALTH OF MASSACHUSETTS, SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED M.G.L. C. 110A, §204(A)(2)(G) THAT PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND M.G.L. C. 110A, §204(A)(2)(J) THAT STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 88PDF pages 265–267
- Regulator name — filed text
- MINNESOTA DEPARTMENT OF COMMERCE
- Monetary/Fine Amount — filed text
- $ 379,051.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MINN. DEPARTMENT OF COMMERCE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MINN. STAT. §80A.07, SUBD. 1(7) (2002), WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MINN. STAT. §80A.07, SUBD. 1(10) (2002) AND MINN. R. CH. 2875.0910(3) (2001) WHICH STATE BROKER DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MINNESOTA DEPARTMENT OF COMMERCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $379,051 PAYMENT TO THE MINNESOTA DEPARTMENT OF COMMERCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) MINNESOTA DEPARTMENT OF COMMERCE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SE2304866 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE MINNESOTA DEPARTMENT OF COMMERCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/04/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 379,051.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING MINN. STAT. CH. 80A (2002) AND MINN. R. CH. 2875 (2001) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ABOVE IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ABOVE AND WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $379,051 PAYMENT TO THE MINNESOTA DEPARTMENT OF COMMERCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MINN. DEPARTMENT OF COMMERCE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED MINN. STAT. §80A.07, SUBD. 1(7) (2002), WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND MINN. STAT. §80A.07, SUBD. 1(10) (2002) AND MINN. R. CH. 2875.0910(3) (2001) WHICH STATE BROKER DEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 89PDF pages 267–268
- Regulator name — filed text
- MISSOURI OFFICE OF SECRETARY OF STATE
- Monetary/Fine Amount — filed text
- $ 431,117.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MISSOURI OFFICE OF SEC. OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED §409.204(A)(2)(G) RSMO BY THE COMMISSIONER OF SECURITIES BY FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MISSOURI OFFICE OF SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $431,117 PAYMENT TO THE MISSOURI OFFICE OF SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) MISSOURI OFFICE OF SECRETARY OF STATE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: AO-03-15 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE MISSOURI OFFICE OF SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 11/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 431,117.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, GOLDMAN SACHS WILL CEASE AND DESIST FROM ENGAGING IN THE PRACTICES PROSCRIBED BY §§409.204(A)(2)(G) AND (J) RSMO, AND WILL COMPLY WITH THE MISSOURI SECURITIES ACT, CHAPTER 409, RSMO AND THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $431,117 PAYMENT TO THE MISSOURI OFFICE OF SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MISSOURI OFFICE OF SEC. OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED §409.204(A)(2)(G) RSMO BY THE COMMISSIONER OF SECURITIES BY FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 90PDF pages 268–270
- Regulator name — filed text
- OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE MISSISSIPPI SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 02-11-06-S 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/29/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE MISSISSIPPI SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE OFFICE OF THE MISSISSIPPI SECRETARY OF STATE/ BUSINESS REGULATION AND ENFORCEMENT DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE MISSISSIPPI SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE.
regulatory · block 91PDF pages 270–272
- Regulator name — filed text
- MONTANA STATE AUDITOR
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MONTANA STATE AUDITOR THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE SEC. ACT OF MONTANA § 3010101 ET SEQ., MCA, AND § 3010201(13)(G), MCA, WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND §3010201(13)(K), MCA WHICH STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF THE MONTANA STATE AUDITOR, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE OFFICE OF THE MONTANA STATE AUDITOR WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) MONTANA STATE AUDITOR 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: I 05-01-03-112 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF THE MONTANA STATE AUDITOR, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 05/09/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE SECURITIES ACT OF MONTANA IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN REFERENCED CONNECTION AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE OFFICE OF THE MONTANA STATE AUDITOR WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE MONTANA STATE AUDITOR THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE SEC. ACT OF MONTANA § 3010101 ET SEQ., MCA, AND § 3010201(13)(G), MCA, WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND §3010201(13)(K), MCA WHICH STATES BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 92PDF pages 272–274
- Regulator name — filed text
- STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NEB. REV. STAT. § 81103(9)(A)(VII) THAT GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE OFFICE OF THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: RECEIPT # 75114 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE OFFICE OF THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEBRASKA/ DEPARTMENT OF BANKING & FINANCE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NEB. REV. STAT. § 81103(9)(A)(VII) THAT GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 93PDF pages 274–276
- Regulator name — filed text
- STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED NRS 90.420(1)(H) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND NRS 90.420(1)(K) WHICH STATES THAT BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE OFFICE OF STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. I03-183 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/03/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING NRS 90.420(1)(H) AND NRS 90.420(1)(K) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE NRS CHAPTER 90 IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE OFFICE OF STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEVADA/ OFFICE OF THE SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED NRS 90.420(1)(H) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND NRS 90.420(1)(K) WHICH STATES THAT BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES AND AGENTS.
regulatory · block 94PDF pages 276–278
- Regulator name — filed text
- THE STATE OF NEW HAMPSHIRE/ DEPARTMENT OF STATE/ BUREAU OF SECURITIES REGULATION
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEW HAMPSHIRE/ DEPARTMENT OF STATE/ BUREAU OF SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NEW HAMPSHIRE SECURITIES ACT UNDER N.H. REV. STAT. §§ 421B:10(I)(B)(7) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 421 B:10(I)(B)(10) WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW HAMPSHIRE/DEPARTMENT OF STATE/BUREAU OF SECURITIES REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF NEW HAMPSHIRE/DEPARTMENT OF STATE/BUREAU OF SECURITIES REGULATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) THE STATE OF NEW HAMPSHIRE/ DEPARTMENT OF STATE/ BUREAU OF SECURITIES REGULATION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CRD #361 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW HAMPSHIRE/DEPARTMENT OF STATE/BUREAU OF SECURITIES REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING N.H. REV. STAT. §§ 421B:10(I)(B)(7) AND 421B:10(I)(B)(10) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH ABOVE STATS AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF NEW HAMPSHIRE/DEPARTMENT OF STATE/BUREAU OF SECURITIES REGULATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEW HAMPSHIRE/ DEPARTMENT OF STATE/ BUREAU OF SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NEW HAMPSHIRE SECURITIES ACT UNDER N.H. REV. STAT. §§ 421B:10(I)(B)(7) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 421 B:10(I)(B)(10) WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF THEIR EMPLOYEES AND AGENTS.
regulatory · block 95PDF pages 278–279
- Regulator name — filed text
- STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 648,335.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED N.J.S.A. 49:3-58(A)(2)(VII) TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING AND N.J.S.A. 49:3-58(A)(2)(XI) THAT GOLDMAN SACHS FAILED REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $648,335 PAYMENT TO THE OFFICE OF THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: N/A 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/02/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 648,335.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE UNIFORM SECURITIES LAW (1997), N.J.S.A. 49:3-47 ET SEQ.. GOLDMAN SACHS WILL COMPLY WITH THE LAW AS ABOVE AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $648,335 PAYMENT TO THE OFFICE OF THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NEW JERSEY/ DEPARTMENT OF LAW AND PUBLIC SAFETY/ DIVISION OF CONSUMER AFFAIRS/ BUREAU OF SECURITIES REGULATION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED N.J.S.A. 49:3-58(A)(2)(VII) TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING AND N.J.S.A. 49:3-58(A)(2)(XI) THAT GOLDMAN SACHS FAILED REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 96PDF pages 279–281
- Regulator name — filed text
- NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE AND FAILED REASONABLY TO SUPERVISE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER SECTION 58-13B-16.A(2)(H).
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-03-031-048 (CO) 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 12/05/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTION 58-13B-16.A(2)(H) OF THE ACT IN CONNECTION WITH THE RESEARCH PRACTICED REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ABOVE AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO REGULATION & LICENSING DEPARTMENT/ SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE AND FAILED REASONABLY TO SUPERVISE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER SECTION 58-13B-16.A(2)(H).
regulatory · block 97PDF pages 281–283
- Regulator name — filed text
- STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL
- Monetary/Fine Amount — filed text
- $ 1,462,158.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER (ASSURANCE OF DISCONTINUANCE) WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL RELATING TO THE VIOLATION OF THE MARTIN ACT IN CONNECTION WITH THE COMPANY'S RESEARCH PRACTICES AND SHALL COMPLY, INTER ALIA, WITH THE PROVISIONS OF EXHIBIT 1 AND EXHIBIT 2, AS ATTACHED WITH THE CONSENT ORDER.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $1,462,158 PAYMENT TO THE STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FEDERAL REFERENCE # 3243 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/21/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 1,462,158.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE MARTIN ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ASSURANCE OF DISCONTINUANCE AND WILL COMPLY WITH THE MARTIN ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ASSURANCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $1,462,158 PAYMENT TO THE STATE OF NEW YORK/ OFFICE OF THE ATTORNEY GENERAL WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER (ASSURANCE OF DISCONTINUANCE) WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL RELATING TO THE VIOLATION OF THE MARTIN ACT IN CONNECTION WITH THE COMPANY'S RESEARCH PRACTICES AND SHALL COMPLY, INTER ALIA, WITH THE PROVISIONS OF EXHIBIT 1 AND EXHIBIT 2, AS ATTACHED WITH THE CONSENT ORDER.
regulatory · block 98PDF pages 283–285
- Regulator name — filed text
- STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE
- Monetary/Fine Amount — filed text
- $ 620,209.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NORTH CAROLINA SECURITIES ACT UNDER N.C.G.S. §78A39(A)(2) (G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $620,209 PAYMENT TO THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-009-IG 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE, CONDUCTED AN INDUSTRY- WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 620,209.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING N.C.G.S. §78A39(A)(2)(G) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE NORTH CAROLINA SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $620,209 PAYMENT TO THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF NORTH CAROLINA/ DEPARTMENT OF THE SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE NORTH CAROLINA SECURITIES ACT UNDER N.C.G.S. §78A39(A)(2) (G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS.
regulatory · block 99PDF pages 285–287
- Regulator name — filed text
- NORTH DAKOTA SECURITIES DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE NORTH DAKOTA SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE SECURITIES ACT UNDER SECTION 10-04-11(1)(C) N.D.C.C. WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; SECTION 10-04-11(1)(M) N.D.C.C. WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NORTH DAKOTA SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE NORTH DAKOTA SECURITIES DEPARTMENT WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NORTH DAKOTA SECURITIES DEPARTMENT 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CRD #361 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE NORTH DAKOTA SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/07/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE NORTH DAKOTA SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCES IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE NORTH DAKOTA SECURITIES DEPARTMENT WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE NORTH DAKOTA SECURITIES DEPARTMENT THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE SECURITIES ACT UNDER SECTION 10-04-11(1)(C) N.D.C.C. WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; SECTION 10-04-11(1)(M) N.D.C.C. WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 100PDF pages 287–290
- Regulator name — filed text
- OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 874,773.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED OHIO REVISED CODE CHAPTER 1707 AND THE RULES PROMULGATED THERE UNDER THAT GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKS. DRP Pages
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $874,773 PAYMENT TO THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CHECK # 056674 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/27/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 874,773.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING CHAPTER 1707 OF THE OHIO REVISED CODE AND THE REGULATIONS PASSED THERE UNDER IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS AGREEMENT. GOLDMAN SACHS SHALL COMPLY WITH SUCH LAWS REFERENCED AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $874,773 PAYMENT TO THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE OHIO DEPARTMENT OF COMMERCE/ DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED OHIO REVISED CODE CHAPTER 1707 AND THE RULES PROMULGATED THERE UNDER THAT GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKS. DRP Pages
regulatory · block 1PDF pages 290–291
- Regulator name — filed text
- STATE OF OKLAHOMA DEPARTMENT OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 265,877.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE OKLAHOMA SECURITIES ACT AND THE RULES OF THE OKLAHOMA SECURITIES COMMISSION AND THE ADMINISTRATOR OF THE DEPARTMENT OF SECURITIES (THE "RULES") WHICH PROSCRIBE THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS PURSUANT TO PARAGRAPH (8) OF SUBSECTION (A) OF SECTION 204 OF THE ACT AND 660:10-5- 42 OF THE RULES. PARAGRAPH (12) OF SUBSECTION (A) OF SECTION 204 OF THE ACT AND 660:10-5-42 OF THE RULES ALSO REQUIRES BROKER- DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $265,877 PAYMENT TO THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF OKLAHOMA DEPARTMENT OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation p If not exact, provide explanation: 4. Docket/Case Number: ODS FILE NO. 03-129 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/03/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 265,877.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE OKLAHOMA SECURITIES ACT AND THE RULES. GOLDMAN SACHS WILL COMPLY WITH THE ACT AND RULES IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $265,877 PAYMENT TO THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF OKLAHOMA DEPARTMENT OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE OKLAHOMA SECURITIES ACT AND THE RULES OF THE OKLAHOMA SECURITIES COMMISSION AND THE ADMINISTRATOR OF THE DEPARTMENT OF SECURITIES (THE "RULES") WHICH PROSCRIBE THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS PURSUANT TO PARAGRAPH (8) OF SUBSECTION (A) OF SECTION 204 OF THE ACT AND 660:10-5- 42 OF THE RULES. PARAGRAPH (12) OF SUBSECTION (A) OF SECTION 204 OF THE ACT AND 660:10-5-42 OF THE RULES ALSO REQUIRES BROKER- DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 2PDF pages 291–293
- Regulator name — filed text
- OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES
- Monetary/Fine Amount — filed text
- $ 263,622.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE PROVISIONS OF ORS CHAPTER 59 UNDER ORS 59.205 (2) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND OAR DIVISION 441-205-210(1) IN WHICH BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OREGON/DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $263,622 PAYMENT TO THE OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: S-03-0036 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE OREGON/DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 09/30/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 263,622.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING ORS CHAPTER 59 IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH ORS CHAPTER 59 IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $263,622 PAYMENT TO THE OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE OREGON/ DEPARTMENT OF CONSUMER AND BUSINESS SERVICES/ DIVISION OF FINANCE AND CORPORATE SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE PROVISIONS OF ORS CHAPTER 59 UNDER ORS 59.205 (2) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND OAR DIVISION 441-205-210(1) IN WHICH BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 3PDF pages 293–295
- Regulator name — filed text
- COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION
- Monetary/Fine Amount — filed text
- $ 946,269.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED PROCEEDINGS UNDER SECTION 305(A)(X) OF THE 1972 ACT, 70 P.S. § 1305 (A)(IX) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL PRACTICES; AND THAT THERE WOULD BE A BASIS FOR THE COMMISSION TO SUSPEND, REVOKE OR CONDITION THE BROKER-DEALER REGISTRATION OF GOLDMAN SACHS IN THE COMMONWEALTH OF PENNSYLVANIA.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $946,269 PAYMENT TO THE COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2003-04-46 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 11/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 946,269.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE 1972 ACT AND WILL COMPLY IN THE FUTURE WITH THE 1972 ACT IN CONNECTION WITH RESEARCH PRACTICES REFERENCED IN THE SEC COMPLAINT. GOLDMAN SACHS WILL ALSO COMPLY WITH STRUCTURAL REFORMS DESCRIBED IN ADDENDUM A. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $946,269 PAYMENT TO THE COMMONWEALTH OF PENNSYLVANIA/ PENNSYLVANIA SECURITIES COMMISSION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED PROCEEDINGS UNDER SECTION 305(A)(X) OF THE 1972 ACT, 70 P.S. § 1305 (A)(IX) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL PRACTICES; AND THAT THERE WOULD BE A BASIS FOR THE COMMISSION TO SUSPEND, REVOKE OR CONDITION THE BROKER-DEALER REGISTRATION OF GOLDMAN SACHS IN THE COMMONWEALTH OF PENNSYLVANIA.
regulatory · block 4PDF pages 295–297
- Regulator name — filed text
- STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE RHODE ISLAND UNIFORM SECURITIES ACT OF 1990 ("RISUSA") § 711212(B)(8) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND THE RHODE ISLAND UNIFORM SECURITIES ACT OF 1990 ("RISUSA") § 711212(B)(11) STATING A BROKER-DEALER IS ALSO REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/12/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CASE # 361
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY RESEARCH
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/
SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS
AND INVESTMENT BANKING.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Other
11. Resolution Date (MM/DD/YYYY):
09/15/2003
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 250,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE RHODE ISLAND UNIFORM SECURITIES ACT OF 1990 ("RISUSA") § 711101 ET
SEQ. OF THE RHODE ISLAND GENERAL LAWS, 1989, AS AMENDED IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN ORDER.
GOLDMAN SACHS WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL
COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE $250,000 PAYMENT TO THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/
SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED:
$25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR
INVESTOR EDUCATION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS/ DEPARTMENT OF BUSINESS REGULATION/ SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE
RHODE ISLAND UNIFORM SECURITIES ACT OF 1990 ("RISUSA") § 711212(B)(8) WHICH PROHIBITS THE USE OF DISHONEST OR UNETHICAL
PRACTICES IN THE SECURITIES BUSINESS; AND THE RHODE ISLAND UNIFORM SECURITIES ACT OF 1990 ("RISUSA") § 711212(B)(11) STATING A
BROKER-DEALER IS ALSO REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.regulatory · block 5PDF pages 297–299
- Regulator name — filed text
- SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE UNIFORM SECURITIES ACT, CHAPTER 47- 31A, UNDER §4731A204(A)(2)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND §47 31A-204(A)(2)(G) IN WHICH BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE SOUTH DAKOTA/DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CASE # 646 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/03/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING CHAPTER 47-31A IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ABOVE CHAPTER IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE SOUTH DAKOTA/DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE SOUTH DAKOTA/ DEPARTMENT OF REVENUE AND REGULATION/ DIVISION OF SECURITIES THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE UNIFORM SECURITIES ACT, CHAPTER 47- 31A, UNDER §4731A204(A)(2)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND §47 31A-204(A)(2)(G) IN WHICH BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 6PDF pages 299–301
- Regulator name — filed text
- STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL
- Monetary/Fine Amount — filed text
- $ 438,366.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED TENNESSEE CODE ANNOTATED § 482 112 (A)(2)(G), FAILING TO ENSURE THAT ANALYST WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $438,366 PAYMENT TO THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. 03-004 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/03/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 438,366.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING T.C.A. §§ 482112 (A)(2)(G) AND (J), IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE ABOVE ACTS IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $438,366 PAYMENT TO THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF TENNESSEE/ DEPARTMENT OF COMMERCE AND INSURANCE/ OFFICE OF LEGAL COUNSEL THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED TENNESSEE CODE ANNOTATED § 482 112 (A)(2)(G), FAILING TO ENSURE THAT ANALYST WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 7PDF pages 301–302
- Regulator name — filed text
- COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS
- Monetary/Fine Amount — filed text
- $ 293,457.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE ACT NO. 60, (SECTION 204(A)(2) (G)) AND REGULATION 6078 (SECTION 26.1) WHICH PROSCRIBE THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND ACT NO. 60, (SECTION 204(A)(2)(J)) AND REGULATION 6078 (SECTIONS 25.4.4 AND 28.2) WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $293,457 PAYMENT TO THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: MATTER NO. C 03-V-012 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/29/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 293,457.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECTIONS 204(A)(2)(G) AND 204(A)(2)(J) OF THE ACT NO. 60 AND REGULATION 6078 IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THESE SECTIONS AND REGULATION IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $293,457 PAYMENT TO THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF PUERTO RICO/ OFFICE OF THE COMMISSIONER OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE ACT NO. 60, (SECTION 204(A)(2) (G)) AND REGULATION 6078 (SECTION 26.1) WHICH PROSCRIBE THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS; AND ACT NO. 60, (SECTION 204(A)(2)(J)) AND REGULATION 6078 (SECTIONS 25.4.4 AND 28.2) WHICH STATES BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 8PDF pages 303–304
- Regulator name — filed text
- TEXAS STATE SECURITIES BOARD
- Monetary/Fine Amount — filed text
- $ 1,606,657.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE TEXAS STATE SECURITIES BOARD THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 14.A(3) OF THE TEXAS SECURITIES ACT WHICH IS TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE TEXAS STATE SECURITIES BOARD, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $1,606,657 PAYMENT TO THE TEXAS STATE SECURITIES BOARD WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) TEXAS STATE SECURITIES BOARD 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: ORDER NO. CAF-1534 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE TEXAS STATE SECURITIES BOARD, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/05/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 1,606,657.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE TEXAS SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER, AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $1,606,657 PAYMENT TO THE TEXAS STATE SECURITIES BOARD WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE TEXAS STATE SECURITIES BOARD THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED SECTION 14.A(3) OF THE TEXAS SECURITIES ACT WHICH IS TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 9PDF pages 304–306
- Regulator name — filed text
- VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER §4221A(A)(8) OF THE SECURITIES ACT.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 03-061-S 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/10/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER §4221A(A)(8) OF THE SECURITIES ACT.
regulatory · block 10PDF pages 306–308
- Regulator name — filed text
- COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION
- Monetary/Fine Amount — filed text
- $ 545,408.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE ACT WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS UNDER SECURITIES VAC 5-20-280 E 12 AND 21 VAC 5-20-260 WHICH REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS. NASD CONDUCT RULE 2110 REQUIRES BROKER-DEALERS TO OBSERVE HIGH STANDARDS OF COMMERCIAL HONOR AND JUST AND EQUITABLE PRINCIPLES OF TRADE.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY
Sanction detail — filed text
THE $545,408 PAYMENT TO THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: SEC-2003-0016 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/20/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 545,408.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING SECURITIES RULES 21 VAC 520280 E 12 AND 21 VAC 520260 PURSUANT TO § 12.1-15. GOLDMAN SACHS WILL COMPLY WITH THE ACT AND THE REGULATIONS IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $545,408 PAYMENT TO THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMONWEALTH OF VIRGINIA/ STATE CORPORATION COMMISSION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE ACT WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS UNDER SECURITIES VAC 5-20-280 E 12 AND 21 VAC 5-20-260 WHICH REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS. NASD CONDUCT RULE 2110 REQUIRES BROKER-DEALERS TO OBSERVE HIGH STANDARDS OF COMMERCIAL HONOR AND JUST AND EQUITABLE PRINCIPLES OF TRADE.
regulatory · block 11PDF pages 308–310
- Regulator name — filed text
- STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 454,149.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED RCW 21.29.119(1)(G) IN WHICH GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $454,149 PAYMENT TO THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: S-03-091-03-CO01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 08/25/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 454,149.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE SECURITIES ACT OF WASHINGTON, REVISED CODE OF WASHINGTON, CH. 21.20, ET. SEQ. IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ABOVE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $454,149 PAYMENT TO THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WASHINGTON/ DEPARTMENT OF FINANCIAL INSTITUTIONS/SECURITIES DIVISION THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED RCW 21.29.119(1)(G) IN WHICH GOLDMAN SACHS FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 12PDF pages 310–312
- Regulator name — filed text
- STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WEST VIRGINIA SECURITIES ACT WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS UNDER WEST VIRGINIA CODE § 322204(A)(2)(G) AND WEST VIRGINIA CODE § 322204(A) (2)(J), BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
p y THE $250,000 PAYMENT TO THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: E03-1353 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 12/29/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE WEST VIRGINIA CODE § 322204(A)(2)(G) AND (J) IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE CODE IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: p y THE $250,000 PAYMENT TO THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WEST VIRGINIA/ OFFICE OF THE STATE AUDITOR THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WEST VIRGINIA SECURITIES ACT WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS UNDER WEST VIRGINIA CODE § 322204(A)(2)(G) AND WEST VIRGINIA CODE § 322204(A) (2)(J), BROKER-DEALERS ALSO ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 13PDF pages 312–313
- Regulator name — filed text
- STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS
- Monetary/Fine Amount — filed text
- $ 413,277.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WISCONSIN UNIFORM SECURITIES LAW, CH. 551, WISCONSIN STATUTES, UNDER SEC. 551.34(1)(G), WISCONSIN STATUTES WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 551.34(1)(J), WIS. STATS WHICH REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $413,277 PAYMENT TO THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. S-03102 (EX) 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/24/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 413,277.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING CH. 551, WISCONSIN STATUTES IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER. GOLDMAN SACHS WILL COMPLY WITH THE ABOVE IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $413,277 PAYMENT TO THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WISCONSIN/ DEPARTMENT OF FINANCIAL INSTITUTIONS THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WISCONSIN UNIFORM SECURITIES LAW, CH. 551, WISCONSIN STATUTES, UNDER SEC. 551.34(1)(G), WISCONSIN STATUTES WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND 551.34(1)(J), WIS. STATS WHICH REQUIRES BROKER-DEALERS TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES AND AGENTS.
regulatory · block 14PDF pages 314–315
- Regulator name — filed text
- STATE OF WYOMING/ SECRETARY OF STATE
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WYOMING/ SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WYOMING SECURITIES ACT UNDER WYO. STAT. §174106(A)(II)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND WYO. STAT. §174106 (B)(II)(A) IN WHICH BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES/AGENTS.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WYOMING/ SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE STATE OF WYOMING/ SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF WYOMING/ SECRETARY OF STATE 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CONSENT ORDER NO. 02-09 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE STATE OF WYOMING/ SECRETARY OF STATE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 09/19/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE WYOMING SECURITIES ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE STATE OF WYOMING/ SECRETARY OF STATE WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE STATE OF WYOMING/ SECRETARY OF STATE THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE WYOMING SECURITIES ACT UNDER WYO. STAT. §174106(A)(II)(G) WHICH PROSCRIBES THE USE OF DISHONEST OR UNETHICAL PRACTICES IN THE SECURITIES BUSINESS AND WYO. STAT. §174106 (B)(II)(A) IN WHICH BROKERDEALERS ARE REQUIRED TO SUPERVISE ADEQUATELY THE CONDUCT OF ITS EMPLOYEES/AGENTS.
regulatory · block 15PDF pages 315–317
- Regulator name — filed text
- THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA
- Monetary/Fine Amount — filed text
- $ 309,130.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER §351520(2)(B)(I) OF THE ACT.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $309,130 PAYMENT TO THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $$25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: FILE NO. 03085 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 04/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 309,130.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING ACT §§351520(1)(B)(VII)AND 351520(2)(B)(I)IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE ACT IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $309,130 PAYMENT TO THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $$25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA THAT FOUND GOLDMAN SACHS TO HAVE FAILED TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING UNDER §351520(2)(B)(I) OF THE ACT.
regulatory · block 16PDF pages 317–319
- Regulator name — filed text
- THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA
- Monetary/Fine Amount — filed text
- $ 344,339.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE LOUISIANA SECURITIES LAW IN FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. ADDITIONALLY, GOLDMAN SACHS FAILED TO SUPERVISE ITS EMPLOYEES TO ENSURE ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURED AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY.
Sanction detail — filed text
THE $344,339 PAYMENT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: UNKNOWN 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 10/20/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 344,339.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WILL CEASE AND DESIST FROM VIOLATING THE LOUISIANA SECURITIES LAW IN CONNECTION WITH THE RESEARCH PRACTICES REFERENCED IN THIS ORDER AND WILL COMPLY WITH THE UNDERTAKINGS OF ADDENDUM A, INCORPORATED HEREIN BY REFERENCE. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $344,339 PAYMENT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GOLDMAN SACHS ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES OF THE STATE OF LOUISIANA THAT FOUND GOLDMAN SACHS TO HAVE VIOLATED THE LOUISIANA SECURITIES LAW IN FAILING TO ENSURE THAT ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. ADDITIONALLY, GOLDMAN SACHS FAILED TO SUPERVISE ITS EMPLOYEES TO ENSURE ANALYSTS WHO ISSUED RESEARCH WERE ADEQUATELY INSULATED FROM PRESSURED AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING.
regulatory · block 17PDF pages 319–321
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON OR ABOUT JUNE 15, 2000, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GSCO CONSENTED TO A CENSURE AND TO PAY A TOTAL FINE OF $25,000. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY THE NASD ON 7/19/2005.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT, ON TRADE DATES JULY 22ND AND 23RD, 2003, GOLDMAN, SACHS & CO. ("GSCO") ENGAGED IN CERTAIN TRANSACTIONS THAT IN CERTAIN RESPECTS VIOLATED RULES FOR SHORT SALES TRANSACTIONS AND MARKETPLACE RULES FOR OATS (NASD CONDUCT RULES 3370, 2110 AND 3010, AND NASD MARKETPLACE RULES 4632, 6130 AND 6955(A)), AND THAT GSCO'S SUPERVISORY PROCEDURES IN SUCH AREAS WERE DEFICIENT.
Sanction detail — filed text
GSCO PAID A FINE OF $25,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/15/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
MRD200341928/20042000105
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT, ON TRADE DATES JULY 22ND AND 23RD, 2003, GOLDMAN, SACHS & CO. ("GSCO") ENGAGED IN CERTAIN TRANSACTIONS THAT IN
CERTAIN RESPECTS VIOLATED RULES FOR SHORT SALES TRANSACTIONS AND MARKETPLACE RULES FOR OATS (NASD CONDUCT RULES 3370, 2110 AND
3010, AND NASD MARKETPLACE RULES 4632, 6130 AND 6955(A)), AND THAT GSCO'S SUPERVISORY PROCEDURES IN SUCH AREAS WERE DEFICIENT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/19/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 25,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSCO PAID A FINE OF $25,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON OR ABOUT JUNE 15, 2000, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GSCO CONSENTED TO A CENSURE AND TO PAY A
TOTAL FINE OF $25,000. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY THE NASD ON 7/19/2005.regulatory · block 18PDF pages 321–322
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED RULE 11 AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V, SECTION 2(B) OF SCHEDULE D AND ARTICLE III, SECTIONS 1 AND 6 OF NASD RULES.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/25/1995
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS940130AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED RULE 11 AC1-1(C) OF THE SECURITIES EXCHANGE ACT OF 1934, PART V, SECTION 2(B)
OF SCHEDULE D AND ARTICLE III, SECTIONS 1 AND 6 OF NASD RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/31/1995
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ALLEGATIONS, GS SIGNED THE AWC AND PAID A FINE OF $1000.00.regulatory · block 19PDF pages 322–324
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBOT")
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1000 FINE.
Other filed details
Description of allegations — filed text
CBOT ALLEGED THAT ON DECEMBER 20 THROUGH DECEMBER 22, 2004, GOLDMAN, SACHS & CO. MADE DATA ENTRY ERRORS ON 11 TRADES, IN VIOLATION OF REGULATION 332.08.
Sanction detail — filed text
GOLDMAN, SACHS & CO. PAID A MONETARY FINE OF $1,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBOT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/03/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
04-RFT-083
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
y
p
y
g
y
g
y
(
pp
)
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOT ALLEGED THAT ON DECEMBER 20 THROUGH DECEMBER 22, 2004, GOLDMAN, SACHS & CO. MADE DATA ENTRY ERRORS ON 11 TRADES, IN
VIOLATION OF REGULATION 332.08.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/31/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. PAID A MONETARY FINE OF $1,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO. CONSENTED TO PAY A $1000 FINE.regulatory · block 20PDF pages 324–326
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 140,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON MAY 6, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND TO PAY A $140,000 FINE. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON MAY 13, 2005.
Other filed details
Description of allegations — filed text
AS PART OF AN INDUSTRY-WIDE SETTLEMENT OF REPORTING ISSUES, ON MARCH 4, 2005, THE NASD ALLEGED THAT ON OR ABOUT JANUARY 2003 THROUGH MAY 2004, GOLDMAN, SACHS & CO. ("GS") FAILED TO TIMELY REPORT 10% OF ITS MUNICIPAL SECURITIES INTER-DEALER TRANSACTIONS, AND THAT GS FAILED TO REPORT THE TIME OF TRADE EXECUTION AND/OR REPORTED INVALID TIME OF TRADES 49% OF THE TIME. NASD ALLEGED THAT ON OR ABOUT FEBRUARY 2003 THROUGH OCTOBER 2003, GS FAILED TO REPORT 79% OF THE TIME MUNICIPAL SECURITIES INTER-DEALER TRADE EXECUTIONS, TO THE MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB"). THE NASD ALLEGED THAT SUCH REPORTING ISSUES VIOLATED MSRB RULE G-14. ON OR ABOUT JANUARY 2003 THROUGH MAY 2004, GS FAILED TO MONITOR ITS TRADES TO ENSURE COMPLIANCE WITH MSRB RULE G-14, IN VIOLATION OF MSRB RULE G-27.
Sanction detail — filed text
GS PAID A TOTAL FINE OF $140,000 AND WAS CENSURED.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/04/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
C10050037
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
AS PART OF AN INDUSTRY-WIDE SETTLEMENT OF REPORTING ISSUES, ON MARCH 4, 2005, THE NASD ALLEGED THAT ON OR ABOUT JANUARY 2003
THROUGH MAY 2004, GOLDMAN, SACHS & CO. ("GS") FAILED TO TIMELY REPORT 10% OF ITS MUNICIPAL SECURITIES INTER-DEALER TRANSACTIONS,
AND THAT GS FAILED TO REPORT THE TIME OF TRADE EXECUTION AND/OR REPORTED INVALID TIME OF TRADES 49% OF THE TIME. NASD ALLEGED THAT
ON OR ABOUT FEBRUARY 2003 THROUGH OCTOBER 2003, GS FAILED TO REPORT 79% OF THE TIME MUNICIPAL SECURITIES INTER-DEALER TRADE
EXECUTIONS, TO THE MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB"). THE NASD ALLEGED THAT SUCH REPORTING ISSUES VIOLATED MSRB
RULE G-14. ON OR ABOUT JANUARY 2003 THROUGH MAY 2004, GS FAILED TO MONITOR ITS TRADES TO ENSURE COMPLIANCE WITH MSRB RULE G-14, IN
VIOLATION OF MSRB RULE G-27.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/13/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 140,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A TOTAL FINE OF $140,000 AND WAS CENSURED.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 6, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND TO PAY A $140,000 FINE.
THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON MAY 13, 2005.regulatory · block 21FIRST OPTIONS OF CHICAGO, INC.PDF pages 326–328
- Advisory affiliate name — filed text
- FIRST OPTIONS OF CHICAGO, INC.
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION ("CFTC")
- Monetary/Fine Amount — filed text
- $ 28,600.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
ON SEPTEMBER 25, 2002, SEVERANCE FILED A COMPLAINT WITH THE CFTC. THE CFTC ADMINISTRATIVE LAW JUDGE ("ALJ") IMPOSED JOINT AND SEVERAL LIABILITY FOR MONEY DAMAGES AGAINST FOC, ITS EMPLOYEE, AND THE FLOOR BROKER, FINDING AMONG OTHER THINGS THAT FOC HAD VIOLATED COMMODITIES EXCHANGE ACT SECTIONS 4B, 4O(1)(A) AND (B), CFTC REGULATION 166.2 AND 166.3, CFTC RULE 1.33(B)(1) AND WAS VICARIOUSLY LIABLE PURSUANT TO SECTION 2(A)(1)(B). ON APPEAL THE CFTC UPHELD THE ALJ'S DECISION AGAINST FOC AND THE FLOOR BROKER, BUT DISMISSED THE COMPLAINT AS TO THE FOC EMPLOYEE. ON SEPTEMBER 27, 2005, FOC PAID THE MONEY DAMAGES TO SEVERANCE IN THE AMOUNT OF $28,600.
Other filed details
Description of allegations — filed text
SCOTT SEVERANCE ("SEVERANCE") ALLEGED IN AN ACTION BEFORE THE CFTC THAT HE WAS FRAUDULENTLY INDUCED TO OPEN AN ACCOUNT WITH FIRST OPTIONS OF CHICAGO, INC. ("FOC") BY AN FOC EMPLOYEE AND A FLOOR BROKER, AND THAT FOC AND THE FLOOR BROKER ALLEGEDLY ENGAGED IN UNAUTHORIZED TRADING IN THE ACCOUNT IN CONNECTION WITH ITS LIQUIDATION, IN VIOLATION OF CFTC REGULATION 166.2, COMMODITIES EXCHANGE ACT SECTIONS 4B AND 2(A)(1)(B), AND CFTC RULE 1.33(B)(1).
Sanction detail — filed text
FOC PAID MONEY DAMAGES TO SEVERANCE IN THE AMOUNT OF $28,600.00
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
FIRST OPTIONS OF CHICAGO,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION ("CFTC")
2.
Principal Sanction:
Other
Other Sanctions:
DAMAGES
3.
Date Initiated (MM/DD/YYYY):
09/25/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CFTC DOCKET NO. 02-R078
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
SCOTT SEVERANCE ("SEVERANCE") ALLEGED IN AN ACTION BEFORE THE CFTC THAT HE WAS FRAUDULENTLY INDUCED TO OPEN AN ACCOUNT WITH
FIRST OPTIONS OF CHICAGO, INC. ("FOC") BY AN FOC EMPLOYEE AND A FLOOR BROKER, AND THAT FOC AND THE FLOOR BROKER ALLEGEDLY ENGAGED
IN UNAUTHORIZED TRADING IN THE ACCOUNT IN CONNECTION WITH ITS LIQUIDATION, IN VIOLATION OF CFTC REGULATION 166.2, COMMODITIES
EXCHANGE ACT SECTIONS 4B AND 2(A)(1)(B), AND CFTC RULE 1.33(B)(1).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/07/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 28,600.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
FOC PAID MONEY DAMAGES TO SEVERANCE IN THE AMOUNT OF $28,600.00
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON SEPTEMBER 25, 2002, SEVERANCE FILED A COMPLAINT WITH THE CFTC. THE CFTC ADMINISTRATIVE LAW JUDGE ("ALJ") IMPOSED JOINT AND
SEVERAL LIABILITY FOR MONEY DAMAGES AGAINST FOC, ITS EMPLOYEE, AND THE FLOOR BROKER, FINDING AMONG OTHER THINGS THAT FOC HAD
VIOLATED COMMODITIES EXCHANGE ACT SECTIONS 4B, 4O(1)(A) AND (B), CFTC REGULATION 166.2 AND 166.3, CFTC RULE 1.33(B)(1) AND WAS
VICARIOUSLY LIABLE PURSUANT TO SECTION 2(A)(1)(B). ON APPEAL THE CFTC UPHELD THE ALJ'S DECISION AGAINST FOC AND THE FLOOR BROKER,
BUT DISMISSED THE COMPLAINT AS TO THE FOC EMPLOYEE. ON SEPTEMBER 27, 2005, FOC PAID THE MONEY DAMAGES TO SEVERANCE IN THE AMOUNT
OF $28,600.regulatory · block 22PDF pages 328–330
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON AUGUST 26, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND TO PAY A $15,000 TOTAL FINE. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON OCTOBER 13, 2005.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT, IN CONNECTION WITH CERTAIN SHORT TRANSACTIONS ON OR ABOUT AUGUST 23 AND 24, 2004, GOLDMAN, SACHS & CO. ("GS"): (1) FAILED TO ANNOTATE AN AFFIRMATIVE DETERMINATION THAT THE RELEVANT SECURITIES COULD BE BORROWED OR OTHERWISE PROVIDED FOR DELIVERY OF THE SECURITIES BY SETTLEMENT DATE, (2) FAILED TO REPORT CERTAIN SHORT SALES TO THE NASDAQ MARKET CENTER WITH A SHORT SALE MODIFIER, AND (3) FAILED TO MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, IN VIOLATION OF NASD CONDUCT RULE 3370, NASD MARKETPLACE RULE 6130, AND NASD CONDUCT RULES 2110 AND 3010.
Sanction detail — filed text
GS PAID A FINE OF $5,000 FOR THE SHORT SALE VIOLATIONS, $5,000 FOR THE VIOLATION OF NASD RULE 6130, AND $5,000 FOR SUPERVISION DEFICIENCIES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
08/26/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20050002343-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT, IN CONNECTION WITH CERTAIN SHORT TRANSACTIONS ON OR ABOUT AUGUST 23 AND 24, 2004, GOLDMAN, SACHS & CO. ("GS"):
(1) FAILED TO ANNOTATE AN AFFIRMATIVE DETERMINATION THAT THE RELEVANT SECURITIES COULD BE BORROWED OR OTHERWISE PROVIDED FOR
DELIVERY OF THE SECURITIES BY SETTLEMENT DATE, (2) FAILED TO REPORT CERTAIN SHORT SALES TO THE NASDAQ MARKET CENTER WITH A SHORT
SALE MODIFIER, AND (3) FAILED TO MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, IN VIOLATION OF NASD CONDUCT RULE 3370, NASD
MARKETPLACE RULE 6130, AND NASD CONDUCT RULES 2110 AND 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/13/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A FINE OF $5,000 FOR THE SHORT SALE VIOLATIONS, $5,000 FOR THE VIOLATION OF NASD RULE 6130, AND $5,000 FOR SUPERVISION
DEFICIENCIES.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON AUGUST 26, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND TO PAY A $15,000
TOTAL FINE. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON OCTOBER 13, 2005.regulatory · block 23PDF pages 330–331
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON OCTOBER 12, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND $7,500 FINE. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON NOVEMBER 23, 2005.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT, FOR THE PERIOD OF JANUARY 1, 2004 THROUGH APRIL 30, 2004, GOLDMAN SACHS & CO. ("GS") FAILED TO TRANSMIT THROUGH ACT 100 LAST SALE REPORTS OF TRANSACTIONS IN PORTAL EQUITY SECURITIES, BY 6:30 PM EST ON THE DAY OF EXECUTION, IN VIOLATION OF NASD PORTAL MARKET RULE 5322(A)(2).
Sanction detail — filed text
GS PAID A MONETARY FINE OF $7,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/12/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2005000060601
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT, FOR THE PERIOD OF JANUARY 1, 2004 THROUGH APRIL 30, 2004, GOLDMAN SACHS & CO. ("GS") FAILED TO TRANSMIT THROUGH
ACT 100 LAST SALE REPORTS OF TRANSACTIONS IN PORTAL EQUITY SECURITIES, BY 6:30 PM EST ON THE DAY OF EXECUTION, IN VIOLATION OF NASD
PORTAL MARKET RULE 5322(A)(2).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/23/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A MONETARY FINE OF $7,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON OCTOBER 12, 2005, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, GS CONSENTED TO A CENSURE AND $7,500 FINE. THE
LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON NOVEMBER 23, 2005.regulatory · block 24GOLDMAN SACHS ASSET MANAGEMENT CO. LTD.PDF pages 331–333
- Advisory affiliate name — filed text
- GOLDMAN SACHS ASSET MANAGEMENT CO. LTD.
- Regulator name — filed text
- FINANCIAL SERVICES AGENCY ("FSA")
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GSAMC HAS SINCE REVISED ITS CONTROLS IN THESE AREAS. THE IMPROVEMENT ORDER DID NOT PROVIDE FOR ANY FINES OR SUSPENSIONS OF GSAMC OR ITS EMPLOYEES, AND IT IS NOT ANITCIPATED THAT THE IMPROVEMENT ORDER WILL MATERIALLY AFFECT GSAMC'S ABILITY TO PROVIDE INVESTMENT MANAGEMENT SERVICES TO ITS CLIENTS.
Other filed details
Description of allegations — filed text
IN DECEMBER OF 2005, THE REGULATOR FOR THE ASSET MANAGEMENT INDUSTRY IN JAPAN (THE "FINANCIAL SERVICES AGENCY" OR "FSA") ISSUED AN IMPROVEMENT ORDER TO GOLDMAN SACHS ASSET MANAGEMENT CO., LTD. ("GSAMC"), A PARTICIPATING INVESTMENT ADVISORY AFFILIATE OF GOLDMAN SACHS ASSET MANAGEMENT ("GSAM"), IN CONNECTION WITH CERTAIN ISSUES IDENTIFIED DURING A REGULAR EXAMINATION OF GSAMC'S OPERATIONS. THREE MAIN ISSUES LED TO THE ISSUANCE OF THE IMPROVEMENT ORDER: (I) A POST-TRADE REALLOCAITON OF CERAIN SECURITIES BETWEEN DISCRETIONARY CLIENT ACCOUNTS; (II) A SITUATION INVOLVING CROSS TRADES BETWEEN PUBLIC OFFERING AND PRIVATE PLACEMENT FUNDS; AND (III) A SITUATION INVOLVING THE OFFERING OF JAPANESE PUBLIC MUTUAL FUNDS PRIOR TO THE FILING OF REGISTRATION STATEMENTS. THESE SITUATIONS RESULTED IN TECHNICAL VIOLATIONS OF CERTAIN JAPANESE REGULATORY REQUIREMENTS.
Sanction detail — filed text
REVISION OF CONTROLS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS ASSET
MANAGEMENT CO. LTD.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL SERVICES AGENCY ("FSA")
2.
Principal Sanction:
Other
Other Sanctions:
REVISIONS OF CONTROLS.
3.
Date Initiated (MM/DD/YYYY):
12/14/2005
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3573
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
PUBLIC OFFERING, PRIVATE PLACEMENT FUNDS, MUTUAL FUNDS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN DECEMBER OF 2005, THE REGULATOR FOR THE ASSET MANAGEMENT INDUSTRY IN JAPAN (THE "FINANCIAL SERVICES AGENCY" OR "FSA") ISSUED AN
IMPROVEMENT ORDER TO GOLDMAN SACHS ASSET MANAGEMENT CO., LTD. ("GSAMC"), A PARTICIPATING INVESTMENT ADVISORY AFFILIATE OF
GOLDMAN SACHS ASSET MANAGEMENT ("GSAM"), IN CONNECTION WITH CERTAIN ISSUES IDENTIFIED DURING A REGULAR EXAMINATION OF GSAMC'S
OPERATIONS. THREE MAIN ISSUES LED TO THE ISSUANCE OF THE IMPROVEMENT ORDER: (I) A POST-TRADE REALLOCAITON OF CERAIN SECURITIES
BETWEEN DISCRETIONARY CLIENT ACCOUNTS; (II) A SITUATION INVOLVING CROSS TRADES BETWEEN PUBLIC OFFERING AND PRIVATE PLACEMENT
FUNDS; AND (III) A SITUATION INVOLVING THE OFFERING OF JAPANESE PUBLIC MUTUAL FUNDS PRIOR TO THE FILING OF REGISTRATION STATEMENTS.
THESE SITUATIONS RESULTED IN TECHNICAL VIOLATIONS OF CERTAIN JAPANESE REGULATORY REQUIREMENTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/27/2005
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
REVISION OF CONTROLS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSAMC HAS SINCE REVISED ITS CONTROLS IN THESE AREAS. THE IMPROVEMENT ORDER DID NOT PROVIDE FOR ANY FINES OR SUSPENSIONS OF
GSAMC OR ITS EMPLOYEES, AND IT IS NOT ANITCIPATED THAT THE IMPROVEMENT ORDER WILL MATERIALLY AFFECT GSAMC'S ABILITY TO PROVIDE
INVESTMENT MANAGEMENT SERVICES TO ITS CLIENTS.regulatory · block 25PDF pages 333–335
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBOT")
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ON 01/10/2003, GS SENT A CHECK IN THE AMOUNT OF $15,000.00 TO THE CBOT.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO.("GS")ALLEGEDLY VIOLATED CBOT REGULATIONS 444.03 AND 545.02 ON A SINGLE OCCASION BY NETTING DOWN U.S. TREASURY BOND FUTURES AND TO ACCURATELY REPORT TO THE CBOT. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $15,000.00.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $15,000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBOT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/19/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
02-MSI-21
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Government
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO.("GS")ALLEGEDLY VIOLATED CBOT REGULATIONS 444.03 AND 545.02 ON A SINGLE OCCASION BY NETTING DOWN U.S.
TREASURY BOND FUTURES AND TO ACCURATELY REPORT TO THE CBOT. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF
$15,000.00.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
01/10/2003
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PAID A FINE OF $15,000.00.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON 01/10/2003, GS SENT A CHECK IN THE AMOUNT OF $15,000.00 TO THE CBOT.regulatory · block 26PDF pages 335–337
- Regulator name — filed text
- CHICAGO BOARD OF TRADE ("CBOT")
- Monetary/Fine Amount — filed text
- $ 130,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
GS SUBMITTED AN OFFER OF SETTLEMENT TO THE CBOT, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO PAY A $130,000 FINE.
Other filed details
Description of allegations — filed text
ON JANUARY 3, 2006, CBOT ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") EXECUTED CERTAIN EXCHANGE FOR PHYSICAL ("EFP") TRANSACTIONS IN ALLEGED VIOLATION OF CBOT REGULATION 444.01 GOVERNING TRANSFER TRADES AND EXECUTED CERTAIN EFP TRANSACTIONS FOR THE PURPOSE OF OFFSETTING EXISTING POSITIONS IN THE DELIVERY MONTH OR WITHIN TWO BUSINESS DAYS PRIOR TO FIRST DELIVERY DAY WHERE NO CHANGE OF OWNERSHIP WAS INVOLVED AND WHERE THE DATE OF EXECUTION OF THE POSITION BEING TRANSFERRED WAS NOT THE SAME AS THE TRANSFER DATE IN ALLEGED VIOLATION OF CBOT REGULATION 444.03.
Sanction detail — filed text
GS PAID A MONETARY FINE OF $130,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE ("CBOT")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/03/2006
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
05-MSR-24
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JANUARY 3, 2006, CBOT ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") EXECUTED CERTAIN EXCHANGE FOR PHYSICAL ("EFP") TRANSACTIONS IN
ALLEGED VIOLATION OF CBOT REGULATION 444.01 GOVERNING TRANSFER TRADES AND EXECUTED CERTAIN EFP TRANSACTIONS FOR THE PURPOSE OF
OFFSETTING EXISTING POSITIONS IN THE DELIVERY MONTH OR WITHIN TWO BUSINESS DAYS PRIOR TO FIRST DELIVERY DAY WHERE NO CHANGE OF
OWNERSHIP WAS INVOLVED AND WHERE THE DATE OF EXECUTION OF THE POSITION BEING TRANSFERRED WAS NOT THE SAME AS THE TRANSFER
DATE IN ALLEGED VIOLATION OF CBOT REGULATION 444.03.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
(
)
04/28/2006
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 130,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A MONETARY FINE OF $130,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS SUBMITTED AN OFFER OF SETTLEMENT TO THE CBOT, WHICH WAS ACCEPTED. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS
CONSENTED TO PAY A $130,000 FINE.regulatory · block 27PDF pages 337–339
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT ("NYSE")
- Monetary/Fine Amount — filed text
- $ 50,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON APRIL 28, 2003, WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS, INCLUDING GS, ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. GS WAS CHARGED WITH VIOLATING NYSE RULES 342, 401, 472 AND 476, AND NASD CONDUCT RULES 2110, 2210 AND 3010. GS ALSO AGREED TO CENSURE BY THE NYSE AND THE NASD AND TO PAY A TOTAL OF $110,000,000. GS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES. THE TERMS OF THE GLOBAL SETTLEMENT WERE ENTERED IN AN ORDER BY A FEDERAL COURT IN THE SOUTHERN DISTRICT OF NEW YORK ON OCTOBER 31, 2003 (CIVIL ACTION NUMBER 03CV2944).
Other filed details
Description of allegations — filed text
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
$25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH, $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/29/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HPD# 03-65
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY RESEARCH
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY
RESEARCH ANALYSTS AND INVESTMENT BANKING.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/22/2003
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
$10,000,000 FOR INVESTOR EDUCATION AND $50,000,000 TO FUND INDEPENDENT THIRD-PARTY RESEARCH.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
$25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH, $10,000,000 FOR
INVESTOR EDUCATION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON APRIL 28, 2003, WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS, INCLUDING GS, ENTERED INTO GLOBAL
SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS
RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. GS WAS CHARGED WITH VIOLATING NYSE RULES 342, 401, 472 AND 476, AND
NASD CONDUCT RULES 2110, 2210 AND 3010. GS ALSO AGREED TO CENSURE BY THE NYSE AND THE NASD AND TO PAY A TOTAL OF $110,000,000. GS
ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES AND TO ADOPT CERTAIN
RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES. THE TERMS OF THE GLOBAL SETTLEMENT WERE ENTERED IN AN ORDER BY A FEDERAL
COURT IN THE SOUTHERN DISTRICT OF NEW YORK ON OCTOBER 31, 2003 (CIVIL ACTION NUMBER 03CV2944).regulatory · block 28PDF pages 339–340
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO.("GS") ALLEGEDLY VIOLATED NASD RULES 2110, 2320, 6130(D)AND SEC RULE 11AC1-4, RESPECTIVELY, IN CONNECTION WITH A DISCREET NUMBER OF TRANSACTIONS BY ALLEGEDLY FAILING TO EXECUTE ORDERS PROMPTLY, TO USE REASONABLE DILIGENCE TO ASCERTAIN BEST INTER-DEALER MARKET FOR MOST FAVORABLE CUSTOMER PRICE, REPORT CORRECT TRANSACTION SYMBOLS AND TO IMMEDIATELY DISPLAY CUSTOMER LIMIT ORDERS IN ITS PUBLIC QUOTATION. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
Sanction detail — filed text
GOLDMAN SACHS & CO. SIGNED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY THE NASD ON 8/24/2002 AND PAID A FINE OF $7500.00. ON 9/28/2002.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
A FINE OF $7,500.00 AND RESTITUTION BY RESPONDENT TO INVESTORS IN THE TOTAL AMOUNT OF $1,056.00 PLUS INTEREST FROM THE DATE OF THE
VIOLATIVE CONDUCT UNTIL THE DATE THE AWC IS ACCEPTED.
3.
Date Initiated (MM/DD/YYYY):
06/25/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020150 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO.("GS") ALLEGEDLY VIOLATED NASD RULES 2110, 2320, 6130(D)AND SEC RULE 11AC1-4, RESPECTIVELY, IN CONNECTION WITH
A DISCREET NUMBER OF TRANSACTIONS BY ALLEGEDLY FAILING TO EXECUTE ORDERS PROMPTLY, TO USE REASONABLE DILIGENCE TO ASCERTAIN BEST
INTER-DEALER MARKET FOR MOST FAVORABLE CUSTOMER PRICE, REPORT CORRECT TRANSACTION SYMBOLS AND TO IMMEDIATELY DISPLAY CUSTOMER
LIMIT ORDERS IN ITS PUBLIC QUOTATION. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/24/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS & CO. SIGNED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY THE NASD ON 8/24/2002 AND
PAID A FINE OF $7500.00. ON 9/28/2002.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 29PDF pages 341–342
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.("NASD")
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO.("GS")ALLEGEDLY VIOLATED NASD RULE 4613(E) BY ALLEGEDLY FAILING TO MAKE REASONABLE EFFORTS TO AVOID A LOCKED OR CROSSED MARKET ON CERTAIN OCCASIONS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
Sanction detail — filed text
GOLDMAN, SACHS & CO. SIGNED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY THE NASD ON 6/28/02 AND PAID A FINE OF $17500.00 ON 7/23/02.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
FINE OF $17500.00
3.
Date Initiated (MM/DD/YYYY):
05/23/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020112 AWC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO.("GS")ALLEGEDLY VIOLATED NASD RULE 4613(E) BY ALLEGEDLY FAILING TO MAKE REASONABLE EFFORTS TO AVOID A LOCKED
OR CROSSED MARKET ON CERTAIN OCCASIONS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO THE ENTRY OF FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/28/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN, SACHS & CO. SIGNED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY THE NASD ON 6/28/02 AND PAID
A FINE OF $17500.00 ON 7/23/02.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 30PDF pages 342–344
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS,INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS& PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN, SACHS & CO.("GOLDMAN SACHS"), VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN, SACHS & CO.CONSENTED TO CENSURE BY THE SEC, NYSE AND NASD AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR
COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF NYSE & NASD, AND TO CONFIRM WITHIN A SPECIFIED
PERIOD OF TIME THAT IT HAD ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS,
REGULATIONS AND RULES
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. CAF020064
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE
NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN, SACHS & CO.("GOLDMAN SACHS"),
VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY
ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL
COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND
PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/22/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS,INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC,
NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000
($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF
ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND
NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS& PROCEDURES REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.regulatory · block 31PDF pages 344–346
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN, SACHS & CO.CONSENTED TO CENSURE BY THE SEC, NYSE AND NASD AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR
COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF NYSE & NASD, AND TO CONFIRM WITHIN A SPECIFIED
PERIOD OF TIME THAT IT HAD ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS,
REGULATIONS AND RULES
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SEC ADM. PROCEEDING FILE NO. 3-10957
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE
NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, VIOLATED SECTION 17(A) OF THE
EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE
ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN
ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF
ELECTRONIC MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/03/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC,
NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000
($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF
ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND
NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED SYSTEMS & PROCEDURES REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.regulatory · block 32PDF pages 346–348
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE")
- Monetary/Fine Amount — filed text
- $ 550,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC, NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000 ($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS SYSTEMS AND PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.
Other filed details
Description of allegations — filed text
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF ELECTRONIC MAIL COMMUNICATIONS.
Sanction detail — filed text
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
GOLDMAN, SACHS & CO.CONSENTED TO CENSURE BY THE SEC, NYSE AND NASD AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC.
GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS PROCEDURES REGARDING THE PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR
COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES OF NYSE AND NASD, AND TO CONFIRM WITHIN A SPECIFIED
PERIOD OF TIME THAT IT HAD ESTABLISHED SYSTEMS AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THOSE LAWS, REGS
AND RULES.
3.
Date Initiated (MM/DD/YYYY):
11/11/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
EXCH HEARING PANEL DECISION 02-223
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN NOVEMBER 2002, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") AND THE
NEW YORK STOCK EXCHANGE, INC. ("NYSE") ALLEGED THAT FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS VIOLATED SECTION 17(A) OF THE
EXCHANGE ACT AND RULE 17A-4 THEREUNDER, NYSE RULES 440 AND 342 AND NASD RULES 3010 AND 3110 BY ALLEGEDLY FAILING TO PRESERVE
ELECTRONIC MAIL COMMUNICATIONS FOR THREE YEARS AND/OR TO PRESERVE ELECTRONIC MAIL COMMUNICATIONS FOR THE FIRST TWO YEARS IN AN
ACCESSIBLE PLACE, AND BY ALLEGEDLY HAVING INADEQUATE SUPERVISORY SYSTEMS AND PROCEDURES IN RELATION TO THE RETENTION OF
ELECTRONIC MAIL COMMUNICATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
12/13/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 550,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GOLDMAN SACHS ALSO AGREED TO THE UNDERTAKING REFERENCED ABOVE IN ITEM 2.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000.00 ($550,000.00 EACH TO THE SEC, NYSE AND NASD)
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, FIVE BROKER DEALERS, INCLUDING GOLDMAN SACHS, CONSENTED TO CENSURE BY THE SEC,
NASD AND NYSE AND TO THE IMPOSITION OF A CEASE-AND-DESIST ORDER BY THE SEC AND GOLDMAN SACHS PAID A TOTAL FINE OF $1,650,000
($550,000 EACH TO THE SEC, NASD AND NYSE). GOLDMAN SACHS ALSO UNDERTOOK TO REVIEW ITS SYSTEMS AND PROCEDURES REGARDING THE
PRESERVATION OF ELECTRONIC MAIL COMMUNICATIONS FOR COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND REGULATIONS AND THE RULES
OF THE NASD AND NYSE, AND TO CONFIRM WITHIN A SPECIFIED PERIOD OF TIME THAT IT HAS ESTABLISHED PROCEDURES REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH THOSE LAWS, REGULATIONS AND RULES.regulatory · block 33PDF pages 348–350
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
AWC WAS ACCEPTED BY THE NASD ON 10/23/02.
Other filed details
Description of allegations — filed text
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED NASD CONDUCT RULE 3360 BY FAILING TO REPORT FULLY ITS SHORT INTEREST POSITION IN CERTAIN SECURITIES FOR CERTAIN PERIODS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Censure
Other Sanctions:
$20,000.00 FINE
3.
Date Initiated (MM/DD/YYYY):
09/12/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CMS020229
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN, SACHS & CO. ALLEGEDLY VIOLATED NASD CONDUCT RULE 3360 BY FAILING TO REPORT FULLY ITS SHORT INTEREST POSITION IN CERTAIN
SECURITIES FOR CERTAIN PERIODS. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00
FINE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/23/2002
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS AGREED TO A CENSURE AND A $20,000.00 FINE
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
AWC WAS ACCEPTED BY THE NASD ON 10/23/02.regulatory · block 34PDF pages 350–351
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
- Monetary/Fine Amount — filed text
- $ 50,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON APRIL 28, 2003, WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS, INCLUDING GS, ENTERED INTO GLOBAL SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. GS WAS CHARGED WITH VIOLATING NYSE RULES 342, 401, 472 AND 476, AND NASD CONDUCT RULES 2110, 2210 AND 3010. GS ALSO AGREED TO CENSURE BY THE NYSE AND THE NASD AND TO PAY A TOTAL OF $110,000,000. GS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES. THE TERMS OF THE GLOBAL SETTLEMENT WERE ENTERED IN AN ORDER BY A FEDERAL COURT IN THE SOUTHERN DISTRICT OF NEW YORK ON OCTOBER 31, 2003 (CIVIL ACTION NUMBER 03CV2944).
Other filed details
Description of allegations — filed text
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
$25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH, $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/29/2002
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
NASD CAF030024
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY RESEARCH
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NYSE, THE NASD AND THE SEC CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY
RESEARCH ANALYSTS AND INVESTMENT BANKING.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/24/2003
Exact
Explanation
If not exact, provide explanation:
NYSE 4/22/03, NASD 4/24/03
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
$10,000,000 FOR INVESTOR EDUCATION AND $50,000,000 TO FUND INDEPENDENT THIRD-PARTY RESEARCH.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
$25,000,000 AS DISGORGEMENT, $25,000,000 AS PENALTIES, $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH, $10,000,000 FOR
INVESTOR EDUCATION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON APRIL 28, 2003, WITHOUT ADMITTING OR DENYING LIABILITY, TEN INVESTMENT BANKING FIRMS, INCLUDING GS, ENTERED INTO GLOBAL
SETTLEMENTS WITH THE SEC, THE NYSE, THE NASD, THE NEW YORK ATTORNEY GENERAL AND OTHER STATES TO RESOLVE THE INVESTIGATIONS
RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTEREST. GS WAS CHARGED WITH VIOLATING NYSE RULES 342, 401, 472 AND 476, AND
NASD CONDUCT RULES 2110, 2210 AND 3010. GS ALSO AGREED TO CENSURE BY THE NYSE AND THE NASD AND TO PAY A TOTAL OF $110,000,000. GS
ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES AND TO ADOPT CERTAIN
RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES. THE TERMS OF THE GLOBAL SETTLEMENT WERE ENTERED IN AN ORDER BY A FEDERAL
COURT IN THE SOUTHERN DISTRICT OF NEW YORK ON OCTOBER 31, 2003 (CIVIL ACTION NUMBER 03CV2944).regulatory · block 35PDF pages 352–353
- Regulator name — filed text
- STATE OF UTAH DIVISION OF SECURITIES OF THE DEPARTMENT OF COMMERCE.
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING LIABILITY, GS ENTERED INTO A CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES THAT FOUND GS TO HAVE VIOLATED UTAH CODE §6116(1)(G), WHICH PROHIBITS DISHONEST OR UNETHICAL BUSINESS PRACTICES, BY FAILING TO ENSURE THAT ITS RESEARCH ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING, AND UTAH CODE § 6116(1)(J) BY FAILING REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES. GS HAS REACHED SIMILAR SETTLEMENT AGREEMENTS WITH MANY OTHER U.S. STATES AND TERRITORIES.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING.
Sanction detail — filed text
THE $250,000 PAYMENT TO THE UTAH DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) STATE OF UTAH DIVISION OF SECURITIES OF THE DEPARTMENT OF COMMERCE. 2. Principal Sanction: Cease and Desist Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/12/2002 Exact Explanation If not exact, provide explanation: THE NEW YORK ATTORNEY GENERAL COMMENCED AN INVESTIGATION OF GOLDMAN SACHS ON APRIL 12, 2002. THE UTAH DIVISION OF SECURITIES ASSUMED PRIMARY RESPONSIBILITY FOR THE INVESTIGATION ON OR ABOUT MAY 29, 2002. 4. Docket/Case Number: SD-02-0166 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO CONFLICTS OF INTEREST BETWEEN EQUITY RESEARCH ANALYSTS AND INVESTMENT BANKING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 04/22/2003 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 250,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GOLDMAN SACHS WAS ORDERED TO CEASE & DESIST FROM VIOLATING THE UTAH UNIFORM SECURITIES ACT AS IT RELATES TO CERTAIN RESEARCH AND INVESTMENT BANKING PRACTICES AT GOLDMAN SACHS. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE $250,000 PAYMENT TO THE UTAH DIVISION OF SECURITIES WAS PART OF A GLOBAL SETTLEMENT WITH THE SEC, NYSE, NASD AND VARIOUS STATE REGULATORS, THAT INCLUDED: $25,000,000 AS DISGORGEMENT; $25,000,000 AS PENALTIES; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH; $10,000,000 FOR INVESTOR EDUCATION. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING LIABILITY, GS ENTERED INTO A CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES THAT FOUND GS TO HAVE VIOLATED UTAH CODE §6116(1)(G), WHICH PROHIBITS DISHONEST OR UNETHICAL BUSINESS PRACTICES, BY FAILING TO ENSURE THAT ITS RESEARCH ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING, AND UTAH CODE § 6116(1)(J) BY FAILING REASONABLY TO SUPERVISE ITS EMPLOYEES TO ENSURE THAT ITS ANALYSTS WERE ADEQUATELY INSULATED FROM PRESSURES AND INFLUENCES FROM COVERED COMPANIES AND INVESTMENT BANKING. GS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES. GS HAS REACHED SIMILAR SETTLEMENT AGREEMENTS WITH MANY OTHER U.S. STATES AND TERRITORIES.
regulatory · block 36PDF pages 353–355
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 6,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON SEPTEMBER 15, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $6,500 CIVIL MONETARY FINE.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT FROM JANUARY 1 THROUGH APRIL 30, 2005, GS VIOLATED NASD RULE 2110 BY FAILING TO TIMELY TRANSMIT THROUGH NASDAQ NATIONAL MARKET CENTER LAST SALE REPORTS OF CERTAIN TRANSACTIONS IN CQS SECURITIES.
Sanction detail — filed text
GS CONSENTED TO A CENSURE AND ON OCTOBER 3, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 09/15/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20050017975-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD ALLEGED THAT FROM JANUARY 1 THROUGH APRIL 30, 2005, GS VIOLATED NASD RULE 2110 BY FAILING TO TIMELY TRANSMIT THROUGH NASDAQ NATIONAL MARKET CENTER LAST SALE REPORTS OF CERTAIN TRANSACTIONS IN CQS SECURITIES. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 09/15/2006 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 6,500.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS CONSENTED TO A CENSURE AND ON OCTOBER 3, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,500. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON SEPTEMBER 15, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $6,500 CIVIL MONETARY FINE.
regulatory · block 37PDF pages 355–357
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 50,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 28, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $50,000 CIVIL MONEY PENALTY.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT, DURING THE PERIOD FROM JUNE 1, 2004 THROUGH JUNE 30, 2005, GS EXECUTED CERTAIN TRADES IN MUNICIPAL SECURITIES BELOW THE MINIMUM DENOMINATION (AND, IN SOME OF THOSE TRADES, DID NOT PROVIDE THE CUSTOMERS WITH WRITTEN DISCLOSURE THAT THEY WERE BUYING SECURITIES BELOW THE MINIMUM DENOMINATION) IN VIOLATION OF MSRB RULE G-15(F); AND THAT THE FIRM'S SUPERVISORY SYSTEMS AND PROCEDURES WERE NOT REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH THE MINIMUM DENOMINATION RESTRICTIONS OF RULE G-15(F) IN VIOLATION OF MSRB RULE G-27.
Sanction detail — filed text
GS CONSENTED TO A CENSURE AND ON AUGUST 3, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $50,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 06/27/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2005002574201 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Municipal Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD ALLEGED THAT, DURING THE PERIOD FROM JUNE 1, 2004 THROUGH JUNE 30, 2005, GS EXECUTED CERTAIN TRADES IN MUNICIPAL SECURITIES BELOW THE MINIMUM DENOMINATION (AND, IN SOME OF THOSE TRADES, DID NOT PROVIDE THE CUSTOMERS WITH WRITTEN DISCLOSURE THAT THEY WERE BUYING SECURITIES BELOW THE MINIMUM DENOMINATION) IN VIOLATION OF MSRB RULE G-15(F); AND THAT THE FIRM'S SUPERVISORY SYSTEMS AND PROCEDURES WERE NOT REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH THE MINIMUM DENOMINATION RESTRICTIONS OF RULE G-15(F) IN VIOLATION OF MSRB RULE G-27. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 07/28/2006 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 50,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GS AGREED TO ADOPT AND IMPLEMENT POLICIES AND PROCEDURES DESIGNED TO ENSURE COMPLIANCE WITH MINIMUM DENOMINATION RULES AND INFORM THE NASD WHEN SUCH POLICIES AND PROCEDURES HAVE BEEN IMPLEMENTED. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS CONSENTED TO A CENSURE AND ON AUGUST 3, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $50,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 28, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $50,000 CIVIL MONEY PENALTY.
regulatory · block 38PDF pages 357–359
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 85,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JANUARY 3, 2007. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF $85,000 CIVIL MONEY PENALTY, AND MADE THE REQUIRED UNDERTAKINGS.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT FROM JUNE 14, 2004 THROUGH APRIL 24, 2005, GS FAILED TO REPORT OR INCORRECTLY REPORTED CERTAIN OF THE FIRM'S INTER-DEALER TRANSACTIONS IN PARS TO THE MSRB IN VIOLATION OF MSRB RULE G-14; THAT GS FAILED TO SUBMIT TO A REGISTERED CLEARING AGENCY INFORMATION AND/OR INSTRUCTIONS REQUIRED TO ALLOW FOR AUTOMATED COMPARISON OF CERTAIN OF THE FIRM'S INTER-DEALER TRANSACTIONS IN VIOLATION OF MSRB G-12(F)(I); AND THAT THE FIRM'S SUPERVISORY SYSTEM AND PROCEDURES WERE NOT REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH MSRB RULES G-14 AND G-12(F)(I) IN CONNECTION WITH REPORTING INTER-DEALER PARS TRANSACTIONS, IN VIOLATION OF MSRB RULE G-27.
Sanction detail — filed text
ON JANUARY 19, 2007, GS PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $85,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 12/22/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: E1020050169-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Municipal Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD ALLEGED THAT FROM JUNE 14, 2004 THROUGH APRIL 24, 2005, GS FAILED TO REPORT OR INCORRECTLY REPORTED CERTAIN OF THE FIRM'S INTER-DEALER TRANSACTIONS IN PARS TO THE MSRB IN VIOLATION OF MSRB RULE G-14; THAT GS FAILED TO SUBMIT TO A REGISTERED CLEARING AGENCY INFORMATION AND/OR INSTRUCTIONS REQUIRED TO ALLOW FOR AUTOMATED COMPARISON OF CERTAIN OF THE FIRM'S INTER-DEALER TRANSACTIONS IN VIOLATION OF MSRB G-12(F)(I); AND THAT THE FIRM'S SUPERVISORY SYSTEM AND PROCEDURES WERE NOT REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH MSRB RULES G-14 AND G-12(F)(I) IN CONNECTION WITH REPORTING INTER-DEALER PARS TRANSACTIONS, IN VIOLATION OF MSRB RULE G-27. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 01/03/2007 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 85,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GS AGREED TO REVIEW AND ASSESS THE ADEQUACY OF ITS SUPERVISORY SYSTEM AND PROCEDURES TO ENSURE COMPLIANCE WITH MSRB RULES; PROVIDE, WITHIN 90 DAYS, A REPRESENTATION TO THE NASD THAT SUCH PROCEDURES HAVE BEEN REVIEWED AND REVISED AND, WITHIN 6 MONTHS, REPORT ON THE PROGRESS OF ANY ONGOING CORRECTIVE ACTION. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: ON JANUARY 19, 2007, GS PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $85,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JANUARY 3, 2007. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF $85,000 CIVIL MONEY PENALTY, AND MADE THE REQUIRED UNDERTAKINGS.
regulatory · block 39PDF pages 359–361
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 1,500,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
AS PART OF A MULTI-FIRM SETTLEMENT, GS SUBMITTED AN OFFER OF SETTLEMENT WHICH WAS ACCEPTED BY THE SEC ON MAY 31, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND CEASE-AND-DESIST ORDER AND PAYMENT OF $1,500,000 CIVIL MONEY PENALTY.
Other filed details
Description of allegations — filed text
SEC ALLEGED THAT FOURTEEN INVESTMENT BANKING FIRMS, INCLUDING GS, VIOLATED SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933, BY ENGAGING IN ONE OR MORE PRACTICES RELATING TO AUCTIONS OF AUCTION RATE SECURITIES DURING THE PERIOD FROM JANUARY 1, 2003 THROUGH JUNE 30, 2004 AS DESCRIBED IN THE CEASE-AND-DESIST ORDER ENTERED BY THE SEC.
Sanction detail — filed text
GOLDMAN SACHS & CO. CONSENTED TO A CENSURE AND A CEASE-AND-DESIST ORDER AND, ON JUNE 9, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $1,500,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: CENSURE/CIVIL PENALTY/UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 05/31/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-12310 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Municipal Other Product Types: AUCTION-RATE SECURITIES, WHICH ARE MUNICIPAL BONDS, CORPORATE BONDS AND PREFERRED STOCKS WITH INTEREST RATES OR DIVIDEND YIELDS THAT ARE PERIODICALLY RESET THROUGH AUCTIONS. 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): SEC ALLEGED THAT FOURTEEN INVESTMENT BANKING FIRMS, INCLUDING GS, VIOLATED SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933, BY ENGAGING IN ONE OR MORE PRACTICES RELATING TO AUCTIONS OF AUCTION RATE SECURITIES DURING THE PERIOD FROM JANUARY 1, 2003 THROUGH JUNE 30, 2004 AS DESCRIBED IN THE CEASE-AND-DESIST ORDER ENTERED BY THE SEC. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Decision & Order of Offer of Settlement 11. Resolution Date (MM/DD/YYYY): 05/31/2006 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 1,500,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: GS HAS AGREED TO PROVIDE CERTAIN DISCLOSURES ABOUT ITS MATERIAL AUCTION PRACTICES AND PROCEDURES TO AUCTION PARTICIPANTS AND TO CERTIFY TO THE SEC THAT IT HAS IMPLEMENTED CERTAIN PROCEDURES RELATING TO THE AUCTION PROCESS. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GOLDMAN SACHS & CO. CONSENTED TO A CENSURE AND A CEASE-AND-DESIST ORDER AND, ON JUNE 9, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $1,500,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). AS PART OF A MULTI-FIRM SETTLEMENT, GS SUBMITTED AN OFFER OF SETTLEMENT WHICH WAS ACCEPTED BY THE SEC ON MAY 31, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND CEASE-AND-DESIST ORDER AND PAYMENT OF $1,500,000 CIVIL MONEY PENALTY.
regulatory · block 40GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LTD.PDF pages 361–362
- Advisory affiliate name — filed text
- GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LTD.
- Regulator name — filed text
- SECURITIES EXCHANGE BOARD OF INDIA ("SEBI")
- Monetary/Fine Amount — filed text
- $ 216,450.22
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
IN COMPLIANCE WITH THE ADJUDICATION ORDER NO. AP/AO-16/2006-07, ON OCTOBER 17, 2006, GSIML SUBMITTED A PENALTY PAYMENT TO SEBI IN THE AMOUNT OF RS. 10,000,000, OR APPROXIMATELY $216,450.22 BASED ON THE EXCHANGE RATE ON THE RESOLUTION DATE.
Other filed details
Description of allegations — filed text
SEBI FOUND THAT GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LTD. ("GSIML") VIOLATED SEBI CIRCULAR DATED AUG. 8, 2003, READ WITH REGULATION 20 OF FII REGULATIONS, BY SUBMITTING A FALSE DECLARATION TO SEBI WITH RESPECT TO THE ISSUANCE OF THE OFF-SHORE DERIVATIVE INSTRUMENTS TO AN OVERSEAS CORPORATE BODY AND VIOLATED REGULATION 13(1) OF FII REGULATIONS BY ISSUING SUCH OFF-SHORE DERIVATIVE INSTRUMENTS TO AN OVERSEAS CORPORATE BODY.
Sanction detail — filed text
THE MONETARY AMOUNT LISTED IN QUESTION 12.A. IS THE APPROXIMATE U.S. DOLLAR AMOUNT REPRESENTING RS. 10,000,000 ON THE DATE OF THE RESOLUTION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INVESTMENTS (MAURITIUS) I
LTD.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES EXCHANGE BOARD OF INDIA ("SEBI")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/08/2006
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AP/AO-16/2006-07
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
SEBI FOUND THAT GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LTD. ("GSIML") VIOLATED SEBI CIRCULAR DATED AUG. 8, 2003, READ WITH
REGULATION 20 OF FII REGULATIONS, BY SUBMITTING A FALSE DECLARATION TO SEBI WITH RESPECT TO THE ISSUANCE OF THE OFF-SHORE
DERIVATIVE INSTRUMENTS TO AN OVERSEAS CORPORATE BODY AND VIOLATED REGULATION 13(1) OF FII REGULATIONS BY ISSUING SUCH OFF-SHORE
DERIVATIVE INSTRUMENTS TO AN OVERSEAS CORPORATE BODY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/08/2006
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 216,450.22
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE MONETARY AMOUNT LISTED IN QUESTION 12.A. IS THE APPROXIMATE U.S. DOLLAR AMOUNT REPRESENTING RS. 10,000,000 ON THE DATE OF
THE RESOLUTION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
IN COMPLIANCE WITH THE ADJUDICATION ORDER NO. AP/AO-16/2006-07, ON OCTOBER 17, 2006, GSIML SUBMITTED A PENALTY PAYMENT TO SEBI IN
THE AMOUNT OF RS. 10,000,000, OR APPROXIMATELY $216,450.22 BASED ON THE EXCHANGE RATE ON THE RESOLUTION DATE.regulatory · block 41PDF pages 362–364
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 20, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $20,000 CIVIL MONEY PENALTY.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT (I) ON AUGUST 3 & 4, 2005, GS VIOLATED SEC RULE 200(G) AND NASD MARKETPLACE RULE 6130 BY FAILING TO PROPERLY MARK ORDER TICKETS IN CONNECTION WITH SEVERAL PROPRIETARY SHORT SALES, AND (II) GS TRANSMITTED TO OATS CERTAIN REPORTS THAT CONTAINED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA IN VIOLATION OF NASD MARKETPLACE RULE 6955.
Sanction detail — filed text
GS CONSENTED TO A CENSURE AND ON AUGUST 18, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $20,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 07/20/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20050023340-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD ALLEGED THAT (I) ON AUGUST 3 & 4, 2005, GS VIOLATED SEC RULE 200(G) AND NASD MARKETPLACE RULE 6130 BY FAILING TO PROPERLY MARK ORDER TICKETS IN CONNECTION WITH SEVERAL PROPRIETARY SHORT SALES, AND (II) GS TRANSMITTED TO OATS CERTAIN REPORTS THAT CONTAINED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA IN VIOLATION OF NASD MARKETPLACE RULE 6955. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 07/20/2006 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 20,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: GS CONSENTED TO A CENSURE AND ON AUGUST 18, 2006, PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $20,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 20, 2006. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $20,000 CIVIL MONEY PENALTY.
regulatory · block 42PDF pages 364–366
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON MARCH 29, 2006, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. CONSENTED TO A CENSURE AND A $20,000 FINE. THE LETTER OF ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON MAY 11, 2006.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT FROM NOVEMBER 1, 2003 THROUGH JANUARY 15, 2004, WITH RESPECT TO CERTAIN SHORT SALE ORDERS IN A COMMON STOCK, GOLDMAN, SACHS & CO. ("GS&CO.") FAILED TO MAKE AND/OR ANNOTATE AN AFFIRMATIVE DETERMINATION THAT IT WOULD RECEIVE DELIVERY OF THE SECURITY ON BEHALF OF THE CUSTOMER OR THAT IT COULD BORROW THE SECURITY ON BEHALF OF THE CUSTOMER FOR DELIVERY BY SETTLEMENT DATE, AND WITH RESPECT TO CERTAIN SHORT SALES IN THE COMMON STOCK EFFECTED FOR THE FIRM'S PROPRIETARY ACCOUNT(S), GS&CO. FAILED TO MAKE AND/OR ANNOTATE AN AFFIRMATIVE DETERMINATION THAT THE FIRM COULD BORROW THE SECURITY OR OTHERWISE PROVIDE FOR DELIVERY BY SETTLEMENT DATE IN VIOLATION OF NASD CONDUCT RULE 3370; WITH RESPECT TO CERTAIN SHORT SALE TRANSACTIONS IN THE STOCK, GS& CO. FAILED TO REPORT EACH TRANSACTION TO NASDAQ MARKET CENTER WITH A SHORT SALE MODIFIER, AND INCORRECTLY REPORTED CERTAIN SHORT SALE TRANSACTIONS IN THE STOCK TO THE NASDAQ MARKET CENTER AS SHORT SALE EXEMPT IN VIOLATION OF NASD MARKET PLACE RULE 6130(D)(6).
Sanction detail — filed text
GS&CO. CONSENTED TO A CENSURE AND PAID A FINE OF $20,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/29/2006
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20041000178-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASD ALLEGED THAT FROM NOVEMBER 1, 2003 THROUGH JANUARY 15, 2004, WITH RESPECT TO CERTAIN SHORT SALE ORDERS IN A COMMON STOCK,
GOLDMAN, SACHS & CO. ("GS&CO.") FAILED TO MAKE AND/OR ANNOTATE AN AFFIRMATIVE DETERMINATION THAT IT WOULD RECEIVE DELIVERY OF THE
SECURITY ON BEHALF OF THE CUSTOMER OR THAT IT COULD BORROW THE SECURITY ON BEHALF OF THE CUSTOMER FOR DELIVERY BY SETTLEMENT
DATE, AND WITH RESPECT TO CERTAIN SHORT SALES IN THE COMMON STOCK EFFECTED FOR THE FIRM'S PROPRIETARY ACCOUNT(S), GS&CO. FAILED
TO MAKE AND/OR ANNOTATE AN AFFIRMATIVE DETERMINATION THAT THE FIRM COULD BORROW THE SECURITY OR OTHERWISE PROVIDE FOR DELIVERY
BY SETTLEMENT DATE IN VIOLATION OF NASD CONDUCT RULE 3370; WITH RESPECT TO CERTAIN SHORT SALE TRANSACTIONS IN THE STOCK, GS& CO.
FAILED TO REPORT EACH TRANSACTION TO NASDAQ MARKET CENTER WITH A SHORT SALE MODIFIER, AND INCORRECTLY REPORTED CERTAIN SHORT
SALE TRANSACTIONS IN THE STOCK TO THE NASDAQ MARKET CENTER AS SHORT SALE EXEMPT IN VIOLATION OF NASD MARKET PLACE RULE 6130(D)(6).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/11/2006
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS&CO. CONSENTED TO A CENSURE AND PAID A FINE OF $20,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MARCH 29, 2006, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS&CO. CONSENTED TO A CENSURE AND A $20,000 FINE. THE LETTER OF
ACCEPTANCE, WAIVER AND CONSENT WAS ACCEPTED BY NASD ON MAY 11, 2006.regulatory · block 43PDF pages 366–368
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FIRM DECLINED TO CONTEST THE VIOLATION AND UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE AUGUST 21, 2006, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON SEPTEMBER 8, 2006.
Other filed details
Description of allegations — filed text
CBOE ALLEGED THAT ON JULY 18, 2006, THE FIRM CONTROLLED AGGREGATE LONG CALL, SHORT PUT POSITIONS IN THE MVR OPTION CLASS OF 36,190 OPTION CONTRACTS, WHICH EXCEEDED THE APPLICABLE POSITION LIMIT BY 4,690 OPTION CONTRACTS IN VIOLATION OF CBOE RULE 4.11.
Sanction detail — filed text
UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE AUGUST 21, 2006, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON SEPTEMBER 8, 2006.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/20/2006
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
84081
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOE ALLEGED THAT ON JULY 18, 2006, THE FIRM CONTROLLED AGGREGATE LONG CALL, SHORT PUT POSITIONS IN THE MVR OPTION CLASS OF 36,190
OPTION CONTRACTS, WHICH EXCEEDED THE APPLICABLE POSITION LIMIT BY 4,690 OPTION CONTRACTS IN VIOLATION OF CBOE RULE 4.11.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/21/2006
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE AUGUST 21, 2006,
WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON
SEPTEMBER 8, 2006.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM DECLINED TO CONTEST THE VIOLATION AND UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM THE FIRM WAS ASSESSED A $5,000
SUMMARY FINE EFFECTIVE AUGUST 21, 2006, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING
MEMBER. THE FINE WAS PAID ON SEPTEMBER 8, 2006.regulatory · block 44PDF pages 368–370
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FIRM DECLINED TO CONTEST THE VIOLATION AND UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE FEBRUARY 16, 2007, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON MARCH 7, 2007.
Other filed details
Description of allegations — filed text
CBOE ALLEGED THAT ON OCTOBER 31, 2006, THE FIRM CONTROLLED AGGREGATE LONG CALL, SHORT PUT POSITIONS IN THE SPY OPTION CLASS OF 344,193 OPTION CONTRACTS. AFTER APPLYING THE FIRM'S SHORT UNDERLYING POSITION OF SPY SHARES AS A HEDGE, THE FIRM STILL EXCEEDED THE APPLICABLE POSITION LIMIT BY 1,839 OPTION CONTRACTS IN VIOLATION OF CBOE RULE 4.11.
Sanction detail — filed text
UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE FEBRUARY 16, 2007, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON MARCH 7, 2007.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/17/2006
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
84983
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOE ALLEGED THAT ON OCTOBER 31, 2006, THE FIRM CONTROLLED AGGREGATE LONG CALL, SHORT PUT POSITIONS IN THE SPY OPTION CLASS OF
344,193 OPTION CONTRACTS. AFTER APPLYING THE FIRM'S SHORT UNDERLYING POSITION OF SPY SHARES AS A HEDGE, THE FIRM STILL EXCEEDED THE
APPLICABLE POSITION LIMIT BY 1,839 OPTION CONTRACTS IN VIOLATION OF CBOE RULE 4.11.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
02/16/2007
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000 SUMMARY FINE EFFECTIVE FEBRUARY 16, 2007,
WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING MEMBER. THE FINE WAS PAID ON MARCH
7, 2007.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM DECLINED TO CONTEST THE VIOLATION AND UNDER THE CBOE'S MINOR RULE VIOLATION FINE SYSTEM, THE FIRM WAS ASSESSED A $5,000
SUMMARY FINE EFFECTIVE FEBRUARY 16, 2007, WHICH THE CBOE THEREAFTER DEBITS FROM THE FIRM'S ACCOUNT WITH THE APPROPRIATE CLEARING
MEMBER. THE FINE WAS PAID ON MARCH 7, 2007.regulatory · block 45PDF pages 370–371
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 11, 2007. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $40,000 CIVIL MONEY PENALTY.
Other filed details
Description of allegations — filed text
NASD ALLEGED THAT GS VIOLATED THE FOLLOWING NASD RULES: CONDUCT RULE 2860(B)(3) BY EXCEEDING OPTION CONTRACT POSITION LIMITS ON FOUR (4) OCCASIONS; CONDUCT RULE 2860(B)(5) BY FAILING TO TIMELY REPORT LARGE OPTION POSITIONS WITH NASD ON SEVEN (7) TRADING DAYS; MARKETPLACE RULE 5430 FOR IMPROPERLY DOUBLE REPORTING TRADES FROM OCTOBER 5, 2005 TO JANUARY 4, 2006; AND MARKETPLACE RULE 6130(B) BY FAILING TO ACCEPT OR DECLINE WITHIN TWENTY MINUTES 1,812 TRANSACTIONS IN THE TRADE REPORTING FACILITY AND THE OVER-THE- COUNTER REPORTING FACILITY FROM MAY 1, 2006 THROUGH AUGUST 31, 2006.
Sanction detail — filed text
ON JULY 26, 2007, GS PAID A CIVIL PENALTY IN THE AMOUNT OF $40,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NASD 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 07/11/2007 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20050027552-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Options Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): NASD ALLEGED THAT GS VIOLATED THE FOLLOWING NASD RULES: CONDUCT RULE 2860(B)(3) BY EXCEEDING OPTION CONTRACT POSITION LIMITS ON FOUR (4) OCCASIONS; CONDUCT RULE 2860(B)(5) BY FAILING TO TIMELY REPORT LARGE OPTION POSITIONS WITH NASD ON SEVEN (7) TRADING DAYS; MARKETPLACE RULE 5430 FOR IMPROPERLY DOUBLE REPORTING TRADES FROM OCTOBER 5, 2005 TO JANUARY 4, 2006; AND MARKETPLACE RULE 6130(B) BY FAILING TO ACCEPT OR DECLINE WITHIN TWENTY MINUTES 1,812 TRANSACTIONS IN THE TRADE REPORTING FACILITY AND THE OVER-THE- COUNTER REPORTING FACILITY FROM MAY 1, 2006 THROUGH AUGUST 31, 2006. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Acceptance, Waiver & Consent(AWC) 11. Resolution Date (MM/DD/YYYY): 07/11/2007 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 40,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: ON JULY 26, 2007, GS PAID A CIVIL PENALTY IN THE AMOUNT OF $40,000. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). GS SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY THE NASD ON JULY 11, 2007. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS AGREED TO A CENSURE AND PAYMENT OF A $40,000 CIVIL MONEY PENALTY.
regulatory · block 46PDF pages 371–373
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE")
- Monetary/Fine Amount — filed text
- $ 375,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
THE MATTER HAS BEEN RESOLVED PURSUANT TO AN INDUSTRY-WIDE SETTLEMENT. SEE RESPONSE TO ITEM 12.
Other filed details
Description of allegations — filed text
IN CONNECTION WITH AN INDUSTRY-WIDE SETTLEMENT RELATING TO PROSPECTUS DELIVERY ISSUES, THE NYSE ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") FAILED TO (I) SEND PRODUCT DESCRIPTIONS TO CERTAIN CUSTOMERS THAT PURCHASED EXCHANGE TRADED FUNDS IN VIOLATION OF NYSE RULES 1100(B) AND 342(A) (FAILURE TO SUPERVISE), AND (II) DELIVER PROSPECTUSES IN CONNECTION WITH CERTAIN CUSTOMER PURCHASES OF ASSET-BACKED SECURITIES, CERTAIN GSAM FUNDS, AND CERTAIN CORPORATE DEBT AND EQUITY SECURITIES IN VIOLATION OF NYSE RULES 401(A) AND 342(A).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATION, GS CONSENTED TO A CENSURE, AN UNDERTAKING AS DESCRIBED IN (B) AND ON OCTOBER 02, 2007, PAID A MONETARY PENALTY IN THE AMOUNT OF $375,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE, UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
09/07/2007
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
07-117
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EXCHANGE TRADED FUNDS ("ETF")
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN CONNECTION WITH AN INDUSTRY-WIDE SETTLEMENT RELATING TO PROSPECTUS DELIVERY ISSUES, THE NYSE ALLEGED THAT GOLDMAN, SACHS &
CO. ("GS") FAILED TO (I) SEND PRODUCT DESCRIPTIONS TO CERTAIN CUSTOMERS THAT PURCHASED EXCHANGE TRADED FUNDS IN VIOLATION OF NYSE
RULES 1100(B) AND 342(A) (FAILURE TO SUPERVISE), AND (II) DELIVER PROSPECTUSES IN CONNECTION WITH CERTAIN CUSTOMER PURCHASES OF
ASSET-BACKED SECURITIES, CERTAIN GSAM FUNDS, AND CERTAIN CORPORATE DEBT AND EQUITY SECURITIES IN VIOLATION OF NYSE RULES 401(A)
AND 342(A).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
10/04/2007
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 375,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING - WITHIN 90 DAYS, GS IS REQUIRED TO PROVIDE NYSE ENFORCEMENT WITH WRITTEN CERTIFICATION THAT GS' CURRENT
POLICIES AND PROCEDURES, INCLUDING WRITTEN SUPERVISORY AND OPERATIONAL POLICIES AND PROCEDURES REGARDING THE DELIVERY OF
PROSPECTUSES AND PRODUCT DESCRIPTIONS ARE REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH FEDERAL SECURITIES LAWS AND
NYSE RULES APPLICABLE TO THE DELIVERY OF PROSPECTUSES AND PRODUCT DESCRIPTIONS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATION, GS CONSENTED TO A CENSURE, AN UNDERTAKING AS DESCRIBED IN (B) AND ON OCTOBER
02, 2007, PAID A MONETARY PENALTY IN THE AMOUNT OF $375,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE MATTER HAS BEEN RESOLVED PURSUANT TO AN INDUSTRY-WIDE SETTLEMENT. SEE RESPONSE TO ITEM 12.regulatory · block 47PDF pages 373–375
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT
- Monetary/Fine Amount — filed text
- $ 225,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 8, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
THE NYSE DIVISION OF ENFORCEMENT ALLEGED THAT CERTAIN OF THE FIRM'S TRADERS INADVERTENTLY MISLABELED CERTAIN PROPRIETARY ORDERS SENT TO THE NYSE FOR EXECUTION AND THAT CERTAIN OTHER PROPRIETARY ORDERS BY CERTAIN FIRM TRADERS SENT TO THE NYSE FOR EXECUTION WERE INADVERTENTLY MISLABELED DUE TO A COMPUTER PROGRAMMING PROBLEM, THEREBY NOT IDENTIFYING SUCH ORDERS AS "G" ORDERS, IN ALLEGED VIOLATION OF SECTION 11(A)(1) OF THE EXCHANGE ACT AND RULE 11A1-1(T) THERE UNDER AND NYSE RULES 90 AND 410(B). THE NYSE ENFORCEMENT STAFF ALSO ALLEGED THAT (I) THE FIRM FAILED TO SUBMIT ACCURATE ACCOUNT TYPE INDICATORS FOR COMPARISON AND/OR SETTLEMENT IN VIOLATION OF NYSE RULE 132.30 AND (II) FAILED TO SUPERVISE CERTAIN ASPECTS OF THE PROPRIETARY TRADING ACTIVITIES OF EMPLOYEES INVOLVED SO AS TO PREVENT MISLABELING OF ORDERS IN LISTED EQUITY SECURITIES.
Sanction detail — filed text
ON APRIL 8, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
02/19/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HBD# 08-08
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NYSE DIVISION OF ENFORCEMENT ALLEGED THAT CERTAIN OF THE FIRM'S TRADERS INADVERTENTLY MISLABELED CERTAIN PROPRIETARY ORDERS
SENT TO THE NYSE FOR EXECUTION AND THAT CERTAIN OTHER PROPRIETARY ORDERS BY CERTAIN FIRM TRADERS SENT TO THE NYSE FOR EXECUTION
WERE INADVERTENTLY MISLABELED DUE TO A COMPUTER PROGRAMMING PROBLEM, THEREBY NOT IDENTIFYING SUCH ORDERS AS "G" ORDERS, IN
ALLEGED VIOLATION OF SECTION 11(A)(1) OF THE EXCHANGE ACT AND RULE 11A1-1(T) THERE UNDER AND NYSE RULES 90 AND 410(B). THE NYSE
ENFORCEMENT STAFF ALSO ALLEGED THAT (I) THE FIRM FAILED TO SUBMIT ACCURATE ACCOUNT TYPE INDICATORS FOR COMPARISON AND/OR
SETTLEMENT IN VIOLATION OF NYSE RULE 132.30 AND (II) FAILED TO SUPERVISE CERTAIN ASPECTS OF THE PROPRIETARY TRADING ACTIVITIES OF
EMPLOYEES INVOLVED SO AS TO PREVENT MISLABELING OF ORDERS IN LISTED EQUITY SECURITIES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
03/27/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 225,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON APRIL 8, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 8, 2008, PAID A MONETARY PENALTY IN THE
AMOUNT OF $225,000.regulatory · block 48PDF pages 375–377
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT
- Monetary/Fine Amount — filed text
- $ 100,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 8, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $100,000.
Other filed details
Description of allegations — filed text
THE NYSE'S DIVISION OF ENFORCEMENT ALLEGED THAT, ON CERTAIN OCCASIONS, GOLDMAN, SACHS & CO. (THE "FIRM") VIOLATED (I) NYSE RULE 123(E) AND NYSE RULE 123(F) BY FAILING TO PROVIDE CERTAIN REQUIRED DATA NEEDED TO LINK THE ENTRY OF ORDERS WITH REPORTS OF EXECUTION IN THE FRONT END SYSTEMIC CAPTURE SYSTEM; AND (II) VIOLATED NYSE RULE 342 IN THAT THE FIRM FAILED TO IMPLEMENT CERTAIN CONTROLS, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW IN ORDER TO FULLY REMEDIATE THE FIRM'S ORDER MANAGEMENT SYSTEM TO MEET NYSE TECHNICAL SPECIFICATIONS IN A TIMELY MANNER AND THEREBY PREVENT THE ALLEGED VIOLATIONS OF NYSE RULE S 123(E) AND 123(F).
Sanction detail — filed text
ON APRIL 8, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $100,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/20/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HBD#08-17
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NYSE'S DIVISION OF ENFORCEMENT ALLEGED THAT, ON CERTAIN OCCASIONS, GOLDMAN, SACHS & CO. (THE "FIRM") VIOLATED (I) NYSE RULE
123(E) AND NYSE RULE 123(F) BY FAILING TO PROVIDE CERTAIN REQUIRED DATA NEEDED TO LINK THE ENTRY OF ORDERS WITH REPORTS OF
EXECUTION IN THE FRONT END SYSTEMIC CAPTURE SYSTEM; AND (II) VIOLATED NYSE RULE 342 IN THAT THE FIRM FAILED TO IMPLEMENT CERTAIN
CONTROLS, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW IN ORDER TO FULLY REMEDIATE THE FIRM'S ORDER MANAGEMENT SYSTEM TO MEET
NYSE TECHNICAL SPECIFICATIONS IN A TIMELY MANNER AND THEREBY PREVENT THE ALLEGED VIOLATIONS OF NYSE RULE S 123(E) AND 123(F).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/18/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 100,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON APRIL 8, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $100,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 8, 2008, PAID A MONETARY PENALTY IN THE
AMOUNT OF $100,000.regulatory · block 49PDF pages 377–379
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
- Monetary/Fine Amount — filed text
- $ 55,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON APRIL 16, 2008, FINRA ACCEPTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS EXECUTED BY THE FIRM ON MARCH 25, 2008. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 28, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $55,000
Other filed details
Description of allegations — filed text
FINRA ALLEGED THAT, ON CERTAIN OCCASIONS, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) FAILED TO REPORT TO THE NASDAQ MARKET CENTER THE CORRECT SYMBOL INDICATING THE ORDER TYPE OF CERTAIN TRANSACTIONS AND TO REPORT CERTAIN SHORT SALE TRANSACTIONS WITH A SHORT SALE MODIFIER IN ALLEGED VIOLATION OF NASD MARKETPLACE RULE 6130; (II) SUBMITTED TO THE ORDER AUDIT TRAIL SYSTEM ("OATS") CERTAIN ROUTE OR COMBINED ORDER/ROUTE REPORTS THAT THE OATS SYSTEM WAS UNABLE TO LINK TO THE CORRESPONDING NEW ORDER SUBMITTED BY THE DESTINATION MEMBER FIRM DUE TO DATA FORMATTING IRREGULARITIES IN ALLEGED VIOLATION OF NASD MARKETPLACE RULE 6955 AND (III) FAILED TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") THE CORRECT CONTRA PARTY'S IDENTIFIER FOR CERTAIN TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES AND TO REPORT CERTAIN TRANSACTIONS TO TRACE IN A TIMELY MANNER IN ALLEGED VIOLATION OF NASD MARKETPLACE RULES 6230 (C)(6) AND 2110, RESPECTIVELY.
Sanction detail — filed text
ON APRIL 28, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $55,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/17/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20041000190-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
TRACE-ELIGIBLE SECURITIES; REPORTABLE SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINRA ALLEGED THAT, ON CERTAIN OCCASIONS, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) FAILED TO REPORT TO THE NASDAQ MARKET CENTER THE
CORRECT SYMBOL INDICATING THE ORDER TYPE OF CERTAIN TRANSACTIONS AND TO REPORT CERTAIN SHORT SALE TRANSACTIONS WITH A SHORT
SALE MODIFIER IN ALLEGED VIOLATION OF NASD MARKETPLACE RULE 6130; (II) SUBMITTED TO THE ORDER AUDIT TRAIL SYSTEM ("OATS") CERTAIN
ROUTE OR COMBINED ORDER/ROUTE REPORTS THAT THE OATS SYSTEM WAS UNABLE TO LINK TO THE CORRESPONDING NEW ORDER SUBMITTED BY
THE DESTINATION MEMBER FIRM DUE TO DATA FORMATTING IRREGULARITIES IN ALLEGED VIOLATION OF NASD MARKETPLACE RULE 6955 AND (III)
FAILED TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") THE CORRECT CONTRA PARTY'S IDENTIFIER FOR CERTAIN
TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES AND TO REPORT CERTAIN TRANSACTIONS TO TRACE IN A TIMELY MANNER IN ALLEGED VIOLATION OF
NASD MARKETPLACE RULES 6230 (C)(6) AND 2110, RESPECTIVELY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/17/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 55,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON APRIL 28, 2008, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $55,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON APRIL 16, 2008, FINRA ACCEPTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS EXECUTED BY THE FIRM ON MARCH 25,
2008. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON APRIL 28, 2008, PAID A MONETARY PENALTY
IN THE AMOUNT OF $55,000regulatory · block 50PDF pages 379–380
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
- Monetary/Fine Amount — filed text
- $ 600,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED JOINTLY INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WITH FINRA AND A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE, AND ON DECEMBER 15, 2008, THE FIRM PAID A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE.
Other filed details
Description of allegations — filed text
THE FINRA DEPARTMENT OF MARKET REGULATION AND THE NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT ALLEGED THAT, DURING THE PERIOD FROM SEPTEMBER 1, 2003 TO SEPTEMBER 30, 2004, A GOLDMAN, SACHS & CO. (THE "FIRM") TRADING DESK VIOLATED FIRM GUIDELINES AND CERTAIN FINRA AND NYSE RULES IN CONNECTION WITH IMPLEMENTING A TRADING STRATEGY, AND THAT THE FIRM ALSO FAILED TO REASONABLY SUPERVISE CERTAIN ACTIVITIES OF ITS TRADING DESK. SPECIFICALLY, NYSE AND FINRA ALLEGED THAT THE FIRM'S TRADING DESK FAILED TO MAINTAIN ITS INDEPENDENCE IN THE CONDUCT OF CERTAIN OVER-THE-COUNTER STOCK TRANSACTIONS IN WHICH A FOREIGN AFFILIATE WAS THE COUNTERPARTY. NYSE AND FINRA ALLEGED THAT THE ACTIVITIES VIOLATED RULES RELATING TO TRADE REPORTING, SHORT SALES, MAINTENANCE OF PROPER BOOKS AND RECORDS AND SUPERVISORY OBLIGATIONS, INCLUDING NASD MARKETPLACE RULES 6420(A) & (B), 5430(A) AND 6130(D)(6), NASD CONDUCT RULES 2110, 3010(A) AND (B) AND 3110, NYSE RULES 342, 410B AND 440, AS WELL AS SECTIONS 10A AND 17A OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULES 10A-1(A) & (C) AND 17A-3 & 4 THEREUNDER.
Sanction detail — filed text
THE FIRM CONSENTED TO A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE, WHICH WAS PAID ON DECEMBER 15, 2008.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/01/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. 20050001219-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINRA DEPARTMENT OF MARKET REGULATION AND THE NEW YORK STOCK EXCHANGE ("NYSE") DIVISION OF ENFORCEMENT ALLEGED THAT, DURING
THE PERIOD FROM SEPTEMBER 1, 2003 TO SEPTEMBER 30, 2004, A GOLDMAN, SACHS & CO. (THE "FIRM") TRADING DESK VIOLATED FIRM GUIDELINES
AND CERTAIN FINRA AND NYSE RULES IN CONNECTION WITH IMPLEMENTING A TRADING STRATEGY, AND THAT THE FIRM ALSO FAILED TO REASONABLY
SUPERVISE CERTAIN ACTIVITIES OF ITS TRADING DESK. SPECIFICALLY, NYSE AND FINRA ALLEGED THAT THE FIRM'S TRADING DESK FAILED TO MAINTAIN
ITS INDEPENDENCE IN THE CONDUCT OF CERTAIN OVER-THE-COUNTER STOCK TRANSACTIONS IN WHICH A FOREIGN AFFILIATE WAS THE
COUNTERPARTY. NYSE AND FINRA ALLEGED THAT THE ACTIVITIES VIOLATED RULES RELATING TO TRADE REPORTING, SHORT SALES, MAINTENANCE OF
PROPER BOOKS AND RECORDS AND SUPERVISORY OBLIGATIONS, INCLUDING NASD MARKETPLACE RULES 6420(A) & (B), 5430(A) AND 6130(D)(6),
NASD CONDUCT RULES 2110, 3010(A) AND (B) AND 3110, NYSE RULES 342, 410B AND 440, AS WELL AS SECTIONS 10A AND 17A OF THE SECURITIES
EXCHANGE ACT OF 1934 AND RULES 10A-1(A) & (C) AND 17A-3 & 4 THEREUNDER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/01/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 600,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE, WHICH
WAS PAID ON DECEMBER 15, 2008.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED JOINTLY INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC")
WITH FINRA AND A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE, AND ON DECEMBER 15, 2008, THE FIRM PAID A JOINT MONETARY
PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE.regulatory · block 51PDF pages 381–382
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS ACCEPTED BY ISE ON MARCH 18, 2009 AND ON MARCH 27, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $10,000.
Other filed details
Description of allegations — filed text
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE THIRD AND FOURTH QUARTERS OF 2007, GOLDMAN, SACHS & CO. (THE "FIRM") SENT CERTAIN PRINCIPAL ACTING AS AGENT ("P/A") ORDERS THROUGH THE LINKAGE IN WHICH (1) THE CUSTOMER ORDER HAD ALREADY BEEN FILLED OR (2) THE P/A ORDER EXCEEDED THE CUSTOMER ORDER SIZE OR (3) THE EXECUTION OF THE P/A ORDER WAS NOT PASSED ALONG TO THE CUSTOMER IN ALLEGED VIOLATION OF ISE RULE 400.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $10,000, WHICH WAS PAID ON MARCH 27, 2009.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INTERNATIONAL SECURITIES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/18/2009
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2007-162 & 2008-06
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE THIRD AND FOURTH QUARTERS OF 2007, GOLDMAN, SACHS &
CO. (THE "FIRM") SENT CERTAIN PRINCIPAL ACTING AS AGENT ("P/A") ORDERS THROUGH THE LINKAGE IN WHICH (1) THE CUSTOMER ORDER HAD
ALREADY BEEN FILLED OR (2) THE P/A ORDER EXCEEDED THE CUSTOMER ORDER SIZE OR (3) THE EXECUTION OF THE P/A ORDER WAS NOT PASSED
ALONG TO THE CUSTOMER IN ALLEGED VIOLATION OF ISE RULE 400.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
03/18/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $10,000, WHICH WAS
PAID ON MARCH 27, 2009.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH
WAS ACCEPTED BY ISE ON MARCH 18, 2009 AND ON MARCH 27, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $10,000.regulatory · block 52PDF pages 382–384
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED IN TO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON OCTOBER 1, 2009 AND ON OCTOBER 23, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $10,000.
Other filed details
Description of allegations — filed text
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM JULY 1, 2006 THROUGH DECEMBER 31, 2006, GOLDMAN, SACHS & CO. (THE "FIRM") EFFECTED TRANSACTIONS IN CERTAIN SECURITIES WITH RESPECT TO WHICH A TRADING HALT WAS IN EFFECT IN ALLEGED VIOLATION OF NASD RULES 2110 AND 3340.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $10,000 WHICH WAS PAID ON OCTOBER 23, 2009.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/01/2009
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. 20070086601-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM JULY 1,
2006 THROUGH DECEMBER 31, 2006, GOLDMAN, SACHS & CO. (THE "FIRM") EFFECTED TRANSACTIONS IN CERTAIN SECURITIES WITH RESPECT TO
WHICH A TRADING HALT WAS IN EFFECT IN ALLEGED VIOLATION OF NASD RULES 2110 AND 3340.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/01/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $10,000 WHICH WAS
PAID ON OCTOBER 23, 2009.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED IN TO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY FINRA ON OCTOBER 1, 2009 AND ON OCTOBER 23, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $10,000.regulatory · block 53PDF pages 384–386
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
- Monetary/Fine Amount — filed text
- $ 45,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON MAY 19, 2009 AND ON JUNE 5, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $45,000.
Other filed details
Description of allegations — filed text
THE FINRA DEPARTMENT OF MARKET REGULATION ALLEGED THAT 1) DURING THE PERIOD FROM JUNE 1, 2007 THROUGH AUGUST 31, 2007, GOLDMAN, SACHS & CO. (THE "FIRM") REPORTED TO THE OTC REPORTING FACILITY CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES THAT THE FIRM SHOULD NOT HAVE REPORTED, IN ALLEGED VIOLATION OF NASD RULE 6620(G) AND 2) DURING THE PERIOD FROM FEBRUARY 1, 2007 THROUGH APRIL 24, 2008, THE FIRM IMPROPERLY DOUBLE-REPORTED CERTAIN LAST SALE REPORTS IN NATIONAL MARKET SECURITIES TO THE NASD/NASDAQ TRADE REPORTING FACILITY, IN ALLEGED VIOLATION OF NASD RULE 4632(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $45,000 WHICH WAS PAID ON JUNE 5, 2009.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
05/19/2009
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. 20080120582-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINRA DEPARTMENT OF MARKET REGULATION ALLEGED THAT 1) DURING THE PERIOD FROM JUNE 1, 2007 THROUGH AUGUST 31, 2007, GOLDMAN,
SACHS & CO. (THE "FIRM") REPORTED TO THE OTC REPORTING FACILITY CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES
THAT THE FIRM SHOULD NOT HAVE REPORTED, IN ALLEGED VIOLATION OF NASD RULE 6620(G) AND 2) DURING THE PERIOD FROM FEBRUARY 1, 2007
THROUGH APRIL 24, 2008, THE FIRM IMPROPERLY DOUBLE-REPORTED CERTAIN LAST SALE REPORTS IN NATIONAL MARKET SECURITIES TO THE
NASD/NASDAQ TRADE REPORTING FACILITY, IN ALLEGED VIOLATION OF NASD RULE 4632(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/19/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $45,000 WHICH WAS
PAID ON JUNE 5, 2009.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY FINRA ON MAY 19, 2009 AND ON JUNE 5, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $45,000.regulatory · block 54PDF pages 386–388
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MARCH 15, 2010, AND ON APRIL 13, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $40,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING THE PERIOD FROM JANUARY 1, 2008 THROUGH APRIL 30, 2008, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT TO THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN TRANSACTIONS IN A TIMELY MANNER THAT REQUIRED SPECIFIED MODIFIERS AND FAILED TO REPORT THE CORRECT TIME OF EXECUTION OF CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES, IN ALLEGED VIOLATION OF NATIONAL ASSOCIATION OF SECURITIES DEALERS ("NASD") RULES 6130(G) AND 6130(D), RESPECTIVELY, AND (II) DURING THE PERIOD FROM APRIL 1, 2008 THROUGH JUNE 30, 2008, FAILED TO TIMELY REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") CERTAIN TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF NASD RULES 6230(A) AND 2110.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $40,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 13, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/15/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20080139143-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
REPORTABLE, UNSPECIFIED AND TRACE-ELIGIBLE SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING THE PERIOD FROM
JANUARY 1, 2008 THROUGH APRIL 30, 2008, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT TO THE FINRA/NASDAQ TRADE REPORTING
FACILITY CERTAIN TRANSACTIONS IN A TIMELY MANNER THAT REQUIRED SPECIFIED MODIFIERS AND FAILED TO REPORT THE CORRECT TIME OF
EXECUTION OF CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES, IN ALLEGED VIOLATION OF NATIONAL ASSOCIATION OF SECURITIES DEALERS
("NASD") RULES 6130(G) AND 6130(D), RESPECTIVELY, AND (II) DURING THE PERIOD FROM APRIL 1, 2008 THROUGH JUNE 30, 2008, FAILED TO TIMELY
REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") CERTAIN TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED
VIOLATION OF NASD RULES 6230(A) AND 2110.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
03/15/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $40,000 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON APRIL 13, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS
ACCEPTED BY FINRA ON MARCH 15, 2010, AND ON APRIL 13, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $40,000.regulatory · block 55PDF pages 388–390
- Regulator name — filed text
- IDAHO DEPARTMENT OF FINANCE
- Monetary/Fine Amount — filed text
- $ 47,234.69
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IDAHO DEPARTMENT OF FINANCE ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,234.69 TO THE STATE OF IDAHO. THE FINE IS NOT REQUIRED TO BE PAID UNTIL AFTER JULY 1, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE IDAHO DEPARTMENT OF FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IDAHO DEPARTMENT OF FINANCE ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,234.69 TO THE STATE OF IDAHO. THE FINE IS NOT REQUIRED TO BE PAID UNTIL AFTER JULY 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
IDAHO DEPARTMENT OF FINANCE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010-7-11
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE IDAHO DEPARTMENT OF FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,234.69
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IDAHO
DEPARTMENT OF FINANCE ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,234.69 TO THE STATE OF IDAHO. THE FINE IS NOT REQUIRED TO
BE PAID UNTIL AFTER JULY 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IDAHO DEPARTMENT
OF FINANCE ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,234.69 TO THE STATE OF IDAHO. THE FINE IS NOT REQUIRED TO BE PAID UNTIL AFTER
JULY 1, 2010.regulatory · block 56PDF pages 390–391
- Regulator name — filed text
- INDIANA SECRETARY OF STATE SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 284,818.71
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE INDIANA SECRETARY OF STATE SECURITIES DIVISION ON APRIL 29, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $284,818.71 TO THE STATE OF INDIANA, WHICH AMOUNT WAS PAID ON MAY 6, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE INDIANA SECRETARY OF STATE SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE INDIANA SECRETARY OF STATE SECURITIES DIVISION ON APRIL 29, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $284,818.71 TO THE STATE OF INDIANA, WHICH AMOUNT WAS PAID ON MAY 6, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INDIANA SECRETARY OF STATE SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/29/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-0063 CO
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE INDIANA SECRETARY OF STATE SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/29/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 284,818.71
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE INDIANA SECRETARY OF STATE
SECURITIES DIVISION ON APRIL 29, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $284,818.71 TO THE STATE OF INDIANA, WHICH AMOUNT WAS PAID ON MAY
6, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE INDIANA SECRETARY OF STATE
SECURITIES DIVISION ON APRIL 29, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $284,818.71 TO THE STATE OF INDIANA, WHICH AMOUNT WAS PAID ON MAY 6,
2010.regulatory · block 57PDF pages 391–393
- Regulator name — filed text
- SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS
- Monetary/Fine Amount — filed text
- $ 285,652.04
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $285,652.04 TO THE STATE OF WASHINGTON, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $285,652.04 TO THE STATE OF WASHINGTON, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/28/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-10-086-10-CO01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES DIVISION OF THE WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/28/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 285,652.04
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE
WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT
WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $285,652.04 TO THE STATE OF
WASHINGTON, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE SECURITIES DIVISION OF THE
WASHINGTON STATE DEPARTMENT OF FINANCIAL INSTITUTIONS ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $285,652.04 TO THE STATE OF
WASHINGTON, WHICH AMOUNT WAS PAID ON MAY 7, 2010.regulatory · block 58PDF pages 393–395
- Regulator name — filed text
- SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 45,792.96
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,792.96 TO THE STATE OF SOUTH DAKOTA, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,792.96 TO THE STATE OF SOUTH DAKOTA, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/28/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE SOUTH DAKOTA DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES, CONDUCTED AN
INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/28/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,792.96
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SOUTH DAKOTA
DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,792.96 TO THE
STATE OF SOUTH DAKOTA, WHICH AMOUNT WAS PAID ON MAY 7, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SOUTH DAKOTA
DEPARTMENT OF REVENUE AND REGULATION DIVISION OF SECURITIES ON APRIL 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT
WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,792.96 TO THE STATE OF SOUTH
DAKOTA, WHICH AMOUNT WAS PAID ON MAY 7, 2010.regulatory · block 59PDF pages 395–397
- Regulator name — filed text
- VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION
- Monetary/Fine Amount — filed text
- $ 51,668.04
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,668.04 TO THE STATE OF VERMONT, WHICH AMOUNT WAS PAID ON MAY 6, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,668.04 TO THE STATE OF VERMONT, WHICH AMOUNT WAS PAID ON MAY 6, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-032-S
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 51,668.04
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VERMONT
DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF
A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$51,668.04 TO THE STATE OF VERMONT, WHICH AMOUNT WAS PAID ON MAY 6, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VERMONT
DEPARTMENT OF BANKING, INSURANCE, SECURITIES AND HEALTH CARE ADMINISTRATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A
GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,668.04 TO
THE STATE OF VERMONT, WHICH AMOUNT WAS PAID ON MAY 6, 2010.regulatory · block 60PDF pages 397–399
- Regulator name — filed text
- ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 1,559,615.06
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT ON MARCH 19, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,559,615.06 TO THE STATE OF ILLINOIS, WHICH AMOUNT WAS PAID ON MARCH 31, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT ON MARCH 19, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,559,615.06 TO THE STATE OF ILLINOIS, WHICH AMOUNT WAS PAID ON MARCH 31, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
03/19/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
08-00236
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE ILLINOIS SECRETARY OF STATE SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/19/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,559,615.06
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ILLINOIS SECRETARY OF STATE
SECURITIES DEPARTMENT ON MARCH 19, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,559,615.06 TO THE STATE OF ILLINOIS, WHICH AMOUNT WAS
PAID ON MARCH 31, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ILLINOIS SECRETARY OF STATE
SECURITIES DEPARTMENT ON MARCH 19, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,559,615.06 TO THE STATE OF ILLINOIS, WHICH AMOUNT WAS PAID ON MARCH
31, 2010.regulatory · block 61PDF pages 399–401
- Regulator name — filed text
- RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION
- Monetary/Fine Amount — filed text
- $ 211,744.22
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION ON APRIL 30, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $211,744.22 TO THE STATE OF RHODE ISLAND, WHICH AMOUNT WAS PAID ON MAY 14, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION ON APRIL 30, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $211,744.22 TO THE STATE OF RHODE ISLAND, WHICH AMOUNT WAS PAID ON MAY 14, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/30/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-061
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE RHODE ISLAND DEPARTMENT OF BUSINESS REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/30/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 211,744.22
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE RHODE ISLAND
DEPARTMENT OF BUSINESS REGULATION ON APRIL 30, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $211,744.22 TO THE STATE OF RHODE
ISLAND, WHICH AMOUNT WAS PAID ON MAY 14, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE RHODE ISLAND
DEPARTMENT OF BUSINESS REGULATION ON APRIL 30, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $211,744.22 TO THE STATE OF RHODE ISLAND, WHICH AMOUNT WAS
PAID ON MAY 14, 2010.regulatory · block 62GOLDMAN SACHS ASSET MANAGEMENT KOREA CO., LTD.PDF pages 401–403
- Advisory affiliate name — filed text
- GOLDMAN SACHS ASSET MANAGEMENT KOREA CO., LTD.
- Regulator name — filed text
- FINANCIAL SUPERVISORY COMMISSION OF KOREA ("FSC")
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
GSAMK AMENDED ITS INTERNAL CONTROLS WITH REGARD TO CALCULATING NET ASSET VALUE AND IMPLEMENTED THE OTHER REQUIREMENTS OF THE INSTITUTIONAL WARNING.
Other filed details
Description of allegations — filed text
THE FSC ALLEGED THAT DURING THE PERIOD FEBRUARY 2007 THROUGH MAY 2007 (PRIOR TO ITS ACQUISITION BY GSAM), MIM VIOLATED ARTICLES 96 AND 97 OF THE INDIRECT INVESTMENT ASSET MANAGEMENT BUSINESS ACT AND ARTICLE 85 OF THE ENFORCEMENT DECREE OF THE INDIRECT INVESTMENT ASSET MANAGEMENT BUSINESS ACT. THE ALLEGED VIOLATIONS AROSE FROM CERTAIN ACCOUNTING ERRORS, WHICH WERE DISCOVERED AND CORRECTED BY MIM (INCLUDING REIMBURSEMENTS TO INVESTORS AND MANAGED FUNDS WHEN WARRANTED), THAT RESULTED IN THE MISCALCULATION OF NET ASSET VALUES OF CERTAIN FUNDS ADVISED BY MIM.
Sanction detail — filed text
GSAMK WAS REQUIRED TO IMPROVE ITS INTERNAL CONTROLS RELATING TO THE CALCULATION OF NET ASSET VALUE AND TO TAKE CERTAIN ACTION (IN THE FORM OF A 3-MONTH SALARY REDUCTION) AGAINST TWO EMPLOYEES AND THE DISMISSAL OF ONE EMPLOYEE WHO HAD PREVIOUSLY RESIGNED. GSAMK WAS REQUIRED TO REPORT TO THE FINANCIAL SUPERVISORY SERVICE THE RESULTS OF ITS COMPLIANCE BY THE END OF DECEMBER 2007.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS ASSET
MANAGEMENT KOREA CO., LTD.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL SUPERVISORY COMMISSION OF KOREA ("FSC")
2.
Principal Sanction:
Censure
Other Sanctions:
GOLDMAN SACHS ASSET MANAGEMENT KOREA CO., LTD. WAS ISSUED AN INSTITUTIONAL WARNING, REQUIRED TO REVISE CERTAIN INTERNAL
CONTROLS TO ENSURE NO REPEAT VIOLATION AND TO TAKE CERTAIN ACTION (IN THE FORM OF A 3-MONTH SALARY REDUCTION) AGAINST TWO
EMPLOYEES AND THE DISMISSAL OF ONE EMPLOYEE WHO HAD PREVIOUSLY RESIGNED.
3.
Date Initiated (MM/DD/YYYY):
09/11/2007
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
MACQUARIE-IMM INVESTMENT MANAGEMENT CO., LTD. ("MIM") WAS PURCHASED BY GOLDMAN SACHS ASSET MANAGEMENT, L.P. ("GSAM") ON
09/28/2007 AND RENAMED GOLDMAN SACHS ASSET MANAGEMENT KOREA CO., LTD. ("GSAMK").
6.
Principal Product Type:
Mutual Fund(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FSC ALLEGED THAT DURING THE PERIOD FEBRUARY 2007 THROUGH MAY 2007 (PRIOR TO ITS ACQUISITION BY GSAM), MIM VIOLATED ARTICLES 96
AND 97 OF THE INDIRECT INVESTMENT ASSET MANAGEMENT BUSINESS ACT AND ARTICLE 85 OF THE ENFORCEMENT DECREE OF THE INDIRECT
INVESTMENT ASSET MANAGEMENT BUSINESS ACT. THE ALLEGED VIOLATIONS AROSE FROM CERTAIN ACCOUNTING ERRORS, WHICH WERE DISCOVERED
AND CORRECTED BY MIM (INCLUDING REIMBURSEMENTS TO INVESTORS AND MANAGED FUNDS WHEN WARRANTED), THAT RESULTED IN THE
MISCALCULATION OF NET ASSET VALUES OF CERTAIN FUNDS ADVISED BY MIM.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
09/11/2007
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSAMK WAS REQUIRED TO IMPROVE ITS INTERNAL CONTROLS RELATING TO THE CALCULATION OF NET ASSET VALUE AND TO TAKE CERTAIN
ACTION (IN THE FORM OF A 3-MONTH SALARY REDUCTION) AGAINST TWO EMPLOYEES AND THE DISMISSAL OF ONE EMPLOYEE WHO HAD
PREVIOUSLY RESIGNED. GSAMK WAS REQUIRED TO REPORT TO THE FINANCIAL SUPERVISORY SERVICE THE RESULTS OF ITS COMPLIANCE BY THE
END OF DECEMBER 2007.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSAMK AMENDED ITS INTERNAL CONTROLS WITH REGARD TO CALCULATING NET ASSET VALUE AND IMPLEMENTED THE OTHER REQUIREMENTS OF THE
INSTITUTIONAL WARNING.regulatory · block 63PDF pages 403–405
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT
- Monetary/Fine Amount — filed text
- $ 160,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH FINRA DEPARTMENT OF ENFORCEMENT ON BEHALF OF NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON MARCH 20, 2009 AND BECAME FINAL ON APRIL 14, 2009. ON MAY 14, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $160,000.
Other filed details
Description of allegations — filed text
FINRA DEPARTMENT OF ENFORCEMENT ("DOE"), ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT BETWEEN OCTOBER 2000 AND SEPTEMBER 2005, GOLDMAN, SACHS & CO. (THE "FIRM") HAD DEFICIENCIES IN ITS REPORTING PROCESSES AND PROCEDURES THAT CAUSED IT TO INACCURATELY AND/OR UNTIMELY FILE CERTAIN REQUIRED REPORTS WITH THE NYSE, INCLUDING FORMS 121, FORMS SS20, NYSE RULE 410B REPORTS, DAILY PROGRAM TRADE REPORTS, AND NYSE RULE 421 SHORT INTEREST REPORTS. ADDITIONALLY, DOE ALLEGED THAT FROM OCTOBER 2000 UNTIL AUGUST 2004, THE FIRM FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY PROCEDURES AND CONTROL, INCLUDING A SEPARATE SYSTEM OF REASONABLE FOLLOW-UP AND REVIEW, TO CONFIRM THAT THE REPORTS WERE ACCURATELY AND TIMELY SUBMITTED. DOE ALSO ALLEGED THAT THE FIRM FAILED TO MAKE TIMELY NOTIFICATIONS OF ITS PARTICIPATION IN PUBLIC OFFERINGS PURSUANT TO NYSE RULE 460.30. THE ALLEGED REPORTING VIOLATIONS ALSO RESULTED IN ALLEGED INACCURATE BOOKS AND RECORDS IN VIOLATION OF §17 OF THE EXCHANGE ACT, RULES 17A3 AND 17A4 AND NYSE RULE 440. ADDITIONALLY, DURING THE TIME PERIOD JANUARY 2005 THROUGH MARCH 2006, DOE ALLEGED THAT THE FIRM SUBMITTED NUMEROUS INACCURATE ACCOUNT TYPE INDICATORS TO THE NYSE'S ON-LINE COMPARISON SYSTEM IN VIOLATION OF NYSE RULE 132.30.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON MAY 14, 2009, PAID A MONETARY PENALTY IN THE AMOUNT OF $160,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/10/2009
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HBD: 09-NYSE-5
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINRA DEPARTMENT OF ENFORCEMENT ("DOE"), ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT BETWEEN OCTOBER 2000 AND SEPTEMBER
2005, GOLDMAN, SACHS & CO. (THE "FIRM") HAD DEFICIENCIES IN ITS REPORTING PROCESSES AND PROCEDURES THAT CAUSED IT TO INACCURATELY
AND/OR UNTIMELY FILE CERTAIN REQUIRED REPORTS WITH THE NYSE, INCLUDING FORMS 121, FORMS SS20, NYSE RULE 410B REPORTS, DAILY
PROGRAM TRADE REPORTS, AND NYSE RULE 421 SHORT INTEREST REPORTS. ADDITIONALLY, DOE ALLEGED THAT FROM OCTOBER 2000 UNTIL AUGUST
2004, THE FIRM FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY PROCEDURES AND CONTROL, INCLUDING A SEPARATE SYSTEM OF REASONABLE
FOLLOW-UP AND REVIEW, TO CONFIRM THAT THE REPORTS WERE ACCURATELY AND TIMELY SUBMITTED. DOE ALSO ALLEGED THAT THE FIRM FAILED TO
MAKE TIMELY NOTIFICATIONS OF ITS PARTICIPATION IN PUBLIC OFFERINGS PURSUANT TO NYSE RULE 460.30. THE ALLEGED REPORTING VIOLATIONS
ALSO RESULTED IN ALLEGED INACCURATE BOOKS AND RECORDS IN VIOLATION OF §17 OF THE EXCHANGE ACT, RULES 17A3 AND 17A4 AND NYSE
RULE 440. ADDITIONALLY, DURING THE TIME PERIOD JANUARY 2005 THROUGH MARCH 2006, DOE ALLEGED THAT THE FIRM SUBMITTED NUMEROUS
INACCURATE ACCOUNT TYPE INDICATORS TO THE NYSE'S ON-LINE COMPARISON SYSTEM IN VIOLATION OF NYSE RULE 132.30.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
04/14/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 160,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ON MAY 14, 2009, PAID A MONETARY PENALTY
IN THE AMOUNT OF $160,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH FINRA
DEPARTMENT OF ENFORCEMENT ON BEHALF OF NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON MARCH 20, 2009
AND BECAME FINAL ON APRIL 14, 2009. ON MAY 14, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $160,000.regulatory · block 64PDF pages 405–407
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE")
- Monetary/Fine Amount — filed text
- $ 600,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED JOINTLY INTO AN AWC WITH FINRA AND A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE, AND ON DECEMBER 15, 2008, THE FIRM PAID A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE.
Other filed details
Description of allegations — filed text
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF MARKET REGULATION AND THE NYSE DIVISION OF ENFORCEMENT ALLEGED THAT, DURING THE PERIOD FROM SEPTEMBER 1, 2003 TO SEPTEMBER 30, 2004, A FIRM TRADING DESK VIOLATED FIRM GUIDELINES AND CERTAIN FINRA AND NYSE RULES IN CONNECTION WITH IMPLEMENTING A TRADING STRATEGY, AND THAT THE FIRM ALSO FAILED TO REASONABLY SUPERVISE CERTAIN ACTIVITIES OF ITS TRADING DESK. SPECIFICALLY, NYSE AND FINRA ALLEGED THAT THE FIRM'S TRADING DESK FAILED TO MAINTAIN ITS INDEPENDENCE IN THE CONDUCT OF CERTAIN OVER-THE-COUNTER STOCK TRANSACTIONS IN WHICH A FOREIGN AFFILIATE WAS THE COUNTERPARTY. NYSE AND FINRA ALLEGED THAT THE ACTIVITIES VIOLATED RULES RELATING TO TRADE REPORTING, SHORT SALES, MAINTENANCE OF PROPER BOOKS AND RECORDS AND SUPERVISORY OBLIGATIONS, INCLUDING NASD MARKETPLACE RULES 6420(A), 6420(B) AND 5430(A), 6130(D)(6), SEC RULES 17A3 AND 17A4 AND NASD CONDUCT RULES 2110, 3010(A) AND (B) AND 3110, NYSE RULES 342, 410B AND 440, AS WELL AS §§10(A) AND 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULES 10A-1 (A) & (C) AND 17A-3 & 4 THEREUNDER.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/13/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HBD NO. 08-45
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF MARKET REGULATION AND THE NYSE DIVISION OF ENFORCEMENT
ALLEGED THAT, DURING THE PERIOD FROM SEPTEMBER 1, 2003 TO SEPTEMBER 30, 2004, A FIRM TRADING DESK VIOLATED FIRM GUIDELINES AND
CERTAIN FINRA AND NYSE RULES IN CONNECTION WITH IMPLEMENTING A TRADING STRATEGY, AND THAT THE FIRM ALSO FAILED TO REASONABLY
SUPERVISE CERTAIN ACTIVITIES OF ITS TRADING DESK. SPECIFICALLY, NYSE AND FINRA ALLEGED THAT THE FIRM'S TRADING DESK FAILED TO MAINTAIN
ITS INDEPENDENCE IN THE CONDUCT OF CERTAIN OVER-THE-COUNTER STOCK TRANSACTIONS IN WHICH A FOREIGN AFFILIATE WAS THE
COUNTERPARTY. NYSE AND FINRA ALLEGED THAT THE ACTIVITIES VIOLATED RULES RELATING TO TRADE REPORTING, SHORT SALES, MAINTENANCE OF
PROPER BOOKS AND RECORDS AND SUPERVISORY OBLIGATIONS, INCLUDING NASD MARKETPLACE RULES 6420(A), 6420(B) AND 5430(A), 6130(D)(6),
SEC RULES 17A3 AND 17A4 AND NASD CONDUCT RULES 2110, 3010(A) AND (B) AND 3110, NYSE RULES 342, 410B AND 440, AS WELL AS §§10(A) AND
17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULES 10A-1 (A) & (C) AND 17A-3 & 4 THEREUNDER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
11/17/2008
Exact
Explanation
If not exact, provide explanation:
ON NOVEMBER 17, 2008, NYSE APPROVED THE STIPULATION OF FACTS AND CONSENT TO PENALTY, ITS PORTION OF A JOINT SETTLEMENT, WHICH
BECAME EFFECTIVE ON DECEMBER 1, 2008, UPON APPROVAL OF FINRA'S LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC").
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 600,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
q
y
yp
q
p
p
y
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS $300,000 TO EACH OF FINRA AND NYSE, WHICH
WAS PAID ON DECEMBER 15, 2008.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED JOINTLY INTO AN AWC WITH FINRA AND A STIPULATION OF FACTS AND
CONSENT TO PENALTY WITH NYSE, AND ON DECEMBER 15, 2008, THE FIRM PAID A JOINT MONETARY PENALTY IN THE AMOUNT OF $600,000, PAID AS
$300,000 TO EACH OF FINRA AND NYSE.regulatory · block 65SLK-HULL DERIVATIVES LLCPDF pages 407–409
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A STIPULATION OF FACTS AND FINDINGS AND SANCTION REQUIRING A CENSURE AND $15,000 MONETARY PENALTY WHICH WAS ACCEPTED BY THE CBOE ON AUGUST 7, 2007. PLEASE NOTE, SHD, CRD NUMBER 46735, FILED FORM BDW ON MARCH 30, 2007 AND WAS MERGED WITH AND INTO GOLDMAN SACHS & CO. (CRD NUMBER 361).
Other filed details
Description of allegations — filed text
THE CBOE ALLEGED THAT DURING THE PERIOD NOVEMBER 2005 THROUGH MARCH 2006, SLK-HULL DERIVATIVES LLC ("SHD") VIOLATED EXCHANGE RULE 6.13(B)(I)(C)(III) BY ENTERING CERTAIN HYBRID "M" ORDERS ON THE SAME SIDE OF THE MARKET IN VIOLATION OF THE FIVE (5) SECOND TIME LIMITATION FOR SUBMITTING ORDERS ON BEHALF OF THE SAME MARKET MAKER OR ACCOUNT OF THE SAME BENEFICIAL OWNERS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A CENSURE AND ON AUGUST 21, 2007, PAID A MONETARY PENALTY IN THE AMOUNT OF $15,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
46735
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
SLK-HULL DERIVATIVES LLC
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE ("CBOE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/23/2007
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
07-0054
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
SLK-HULL DERIVATIVES LLC (CRD NUMBER 46735)
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CBOE ALLEGED THAT DURING THE PERIOD NOVEMBER 2005 THROUGH MARCH 2006, SLK-HULL DERIVATIVES LLC ("SHD") VIOLATED EXCHANGE
RULE 6.13(B)(I)(C)(III) BY ENTERING CERTAIN HYBRID "M" ORDERS ON THE SAME SIDE OF THE MARKET IN VIOLATION OF THE FIVE (5) SECOND TIME
LIMITATION FOR SUBMITTING ORDERS ON BEHALF OF THE SAME MARKET MAKER OR ACCOUNT OF THE SAME BENEFICIAL OWNERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
07/23/2007
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A CENSURE AND ON AUGUST 21, 2007, PAID A MONETARY PENALTY IN
THE AMOUNT OF $15,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A STIPULATION OF FACTS AND FINDINGS AND SANCTION REQUIRING A
CENSURE AND $15,000 MONETARY PENALTY WHICH WAS ACCEPTED BY THE CBOE ON AUGUST 7, 2007. PLEASE NOTE, SHD, CRD NUMBER 46735, FILED
FORM BDW ON MARCH 30, 2007 AND WAS MERGED WITH AND INTO GOLDMAN SACHS & CO. (CRD NUMBER 361).regulatory · block 66PDF pages 409–410
- Regulator name — filed text
- CALIFORNIA DEPARTMENT OF CORPORATIONS
- Monetary/Fine Amount — filed text
- $ 1,595,769.53
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE CALIFORNIA DEPARTMENT OF CORPORATIONS ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,595,769.53 TO THE STATE OF CALIFORNIA, WHICH WAS PAID ON MAY 6, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE CALIFORNIA DEPARTMENT OF CORPORATIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE CALIFORNIA DEPARTMENT OF CORPORATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,595,769.53 TO THE STATE OF CALIFORNIA, WHICH WAS PAID ON MAY 6, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CALIFORNIA DEPARTMENT OF CORPORATIONS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE CALIFORNIA DEPARTMENT OF CORPORATIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION
INTO THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/27/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,595,769.53
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE CALIFORNIA
DEPARTMENT OF CORPORATION ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY
A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,595,769.53 TO THE STATE OF CALIFORNIA, WHICH WAS PAID
ON MAY 6, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE CALIFORNIA
DEPARTMENT OF CORPORATIONS ON APRIL 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,595,769.53 TO THE STATE OF CALIFORNIA, WHICH WAS PAID ON MAY 6,
2010.regulatory · block 67PDF pages 410–412
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON APRIL 30, 2010. ON MAY 19, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $7,500. PER THE TERMS OF THE AWC, THE FIRM PROVIDED RESTITUTION TO THE RELEVANT MARKET PARTICIPANT IN THE AMOUNT OF $2,633.75, REPRESENTING $2,504.75 PLUS APPLICABLE INTEREST, BY MAILING OF A CHECK ON MAY 25, 2010.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM JANUARY 1, 2009 THROUGH MARCH 31, 2009, WITH RESPECT TO 12 TRANSACTIONS, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO USE REASONABLE DILIGENCE TO ASCERTAIN THE BEST INTER-DEALER MARKET AND TO BUY OR SELL IN SUCH MARKET SO THAT THE RESULTANT PRICE TO ITS CUSTOMER WAS AS FAVORABLE AS POSSIBLE UNDER PREVAILING MARKET CONDITIONS, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD) RULE 2320.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 19, 2010. THE FIRM PROVIDED RESTITUTION TO THE RELEVANT MARKET PARTICIPANT IN THE AMOUNT OF $2,633.75, REPRESENTING $2,504.75 PLUS APPLICABLE INTEREST, BY MAILING OF A CHECK ON MAY 25, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/30/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20090203753-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM
JANUARY 1, 2009 THROUGH MARCH 31, 2009, WITH RESPECT TO 12 TRANSACTIONS, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO USE
REASONABLE DILIGENCE TO ASCERTAIN THE BEST INTER-DEALER MARKET AND TO BUY OR SELL IN SUCH MARKET SO THAT THE RESULTANT PRICE TO
ITS CUSTOMER WAS AS FAVORABLE AS POSSIBLE UNDER PREVAILING MARKET CONDITIONS, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND
NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD) RULE 2320.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/30/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON MAY 19, 2010. THE FIRM PROVIDED RESTITUTION TO THE RELEVANT MARKET PARTICIPANT IN THE AMOUNT OF
$2,633.75, REPRESENTING $2,504.75 PLUS APPLICABLE INTEREST, BY MAILING OF A CHECK ON MAY 25, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER
AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON APRIL 30, 2010. ON MAY 19, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE
FINE IN THE AMOUNT OF $7,500. PER THE TERMS OF THE AWC, THE FIRM PROVIDED RESTITUTION TO THE RELEVANT MARKET PARTICIPANT IN THE
AMOUNT OF $2,633.75, REPRESENTING $2,504.75 PLUS APPLICABLE INTEREST, BY MAILING OF A CHECK ON MAY 25, 2010.regulatory · block 68PDF pages 412–414
- Regulator name — filed text
- ARIZONA CORPORATION COMMISSION
- Monetary/Fine Amount — filed text
- $ 172,067.59
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ADMINISTRATIVE PENALTIES, AND CONSENT TO SAME WITH THE ARIZONA CORPORATION COMMISSION ON MAY 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $172,067.59 TO THE STATE OF ARIZONA, WHICH AMOUNT WAS PAID ON MAY 28, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ARIZONA CORPORATION COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ADMINISTRATIVE PENALTIES, AND CONSENT TO SAME WITH THE ARIZONA CORPORATION COMMISSION ON MAY 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $172,067.59 TO THE STATE OF ARIZONA, WHICH AMOUNT WAS PAID ON MAY 28, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ARIZONA CORPORATION COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM GOLDMAN, SACHS & CO.; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION
PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS;
ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL
INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
05/17/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-03533A-10-0110, DECISION 71698
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE ARIZONA CORPORATION COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/17/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 172,067.59
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ADMINISTRATIVE
PENALTIES, AND CONSENT TO SAME WITH THE ARIZONA CORPORATION COMMISSION ON MAY 17, 2010, IN WHICH IT AGREED, AS PART OF A
GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$172,067.59 TO THE STATE OF ARIZONA, WHICH AMOUNT WAS PAID ON MAY 28, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ADMINISTRATIVE
PENALTIES, AND CONSENT TO SAME WITH THE ARIZONA CORPORATION COMMISSION ON MAY 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $172,067.59 TO THE
STATE OF ARIZONA, WHICH AMOUNT WAS PAID ON MAY 28, 2010.regulatory · block 69PDF pages 414–416
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON DECEMBER 23, 2008 AND ON JANUARY 15, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $17,500.
Other filed details
Description of allegations — filed text
THE FINRA DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM JANUARY 1, 2007 THROUGH JUNE 30, 2007, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT THE CONTRA-PARTY IDENTIFIER FOR CERTAIN INTER-DEALER TRANSACTIONS EFFECTED IN CERTAIN MUNICIPAL SECURITIES TO THE REAL-TIME TRANSACTION REPORTING SYSTEM ("RTRS") IN ALLEGED VIOLATION OF MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULE G-14.
Sanction detail — filed text
THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $17,500 WHICH WAS PAID ON JANUARY 15, 2009.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/23/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AWC NO. 20080121055-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINRA DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM JANUARY 1, 2007 THROUGH JUNE 30, 2007, GOLDMAN,
SACHS & CO. (THE "FIRM") FAILED TO REPORT THE CONTRA-PARTY IDENTIFIER FOR CERTAIN INTER-DEALER TRANSACTIONS EFFECTED IN CERTAIN
MUNICIPAL SECURITIES TO THE REAL-TIME TRANSACTION REPORTING SYSTEM ("RTRS") IN ALLEGED VIOLATION OF MUNICIPAL SECURITIES
RULEMAKING BOARD ("MSRB") RULE G-14.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/23/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $17,500 WHICH WAS PAID ON JANUARY 15, 2009.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY FINRA ON DECEMBER 23, 2008 AND ON JANUARY 15, 2009, THE FIRM PAID A MONETARY PENALTY IN THE AMOUNT OF $17,500.regulatory · block 70PDF pages 416–418
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 120,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON MAY 27, 2010, AND ON JUNE 14, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $120,000. ACCORDING TO THE TERMS OF THE AWC, THE FIRM AGREED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING SEC RULE 203(B)(3).
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING CERTAIN PERIODS FROM APRIL 2006 THROUGH JANUARY 2007, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT SHORT INTEREST POSITIONS IN CERTAIN FOREIGN AND REPORTABLE SECURITIES, AND ON JULY 31, 2008, AUGUST 15, 2008 AND AUGUST 29, 2008, REPORTED SHORT INTEREST POSITIONS IN CERTAIN SECURITIES WHEN THE ACTUAL SHORT INTEREST POSITION IN THE SECURITIES WAS ZERO SHARES, IN ALLEGED VIOLATION OF NASD RULE 3360; (II) DURING THE PERIOD FROM JUNE 15, 2007 TO DECEMBER 31, 2007, INADVERTENTLY FAILED TO REMOVE ITS 'EXCUSED WITHDRAWAL' STATUS AS A NASDAQ MARKET MAKER IN THREE SECURITIES AND CONSEQUENTLY, ON CERTAIN OCCASIONS INVOLVING SUCH SECURITIES, ACCEPTED A SHORT SALE ORDER IN AN EQUITY SECURITY FROM ANOTHER PERSON, OR EFFECTED A SHORT SALE ORDER IN AN EQUITY SECURITY FOR ITS OWN ACCOUNT, IN MISTAKEN RELIANCE ON THE MARKET MAKER EXEMPTION CONTAINED IN SEC RULE 203(B)(2)(III), IN ALLEGED VIOLATION OF SEC RULE 203(B)(1) OF REGULATION SHO; (III) DURING THE PERIOD FROM JUNE 15, 2007 TO DECEMBER 31, 2007, THE FIRM'S SUPERVISORY SYSTEM DID NOT INCLUDE ADEQUATE WRITTEN SUPERVISORY PROCEDURES SPECIFICALLY CONCERNING SEC RULE 203(B)(3), AND THE FIRM FAILED TO PROVIDE ADEQUATE DOCUMENTATION THAT IT PERFORMED CERTAIN REVIEWS SET FORTH IN ITS WRITTEN SUPERVISORY PROCEDURES CONCERNING SEC RULE 200(G) AND NASD RULE 6130(D)(6), IN ALLEGED VIOLATION OF NASD RULES 2110 AND 3010; AND (IV) DURING THE PERIOD FROM JANUARY 1, 2008 THROUGH APRIL 30, 2008, THE FIRM FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES IN A TIMELY MANNER THAT THE FIRM HAD AN OBLIGATION TO ACCEPT OR DECLINE AS THE ORDER ENTRY IDENTIFIER (OEID), IN ALLEGED VIOLATION OF NASD RULE 6130(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $120,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 14, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
05/27/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20070078333-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
FOREIGN SECURITIES, REPORTABLE SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING CERTAIN PERIODS
FROM APRIL 2006 THROUGH JANUARY 2007, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT SHORT INTEREST POSITIONS IN CERTAIN
FOREIGN AND REPORTABLE SECURITIES, AND ON JULY 31, 2008, AUGUST 15, 2008 AND AUGUST 29, 2008, REPORTED SHORT INTEREST POSITIONS IN
CERTAIN SECURITIES WHEN THE ACTUAL SHORT INTEREST POSITION IN THE SECURITIES WAS ZERO SHARES, IN ALLEGED VIOLATION OF NASD RULE
3360; (II) DURING THE PERIOD FROM JUNE 15, 2007 TO DECEMBER 31, 2007, INADVERTENTLY FAILED TO REMOVE ITS 'EXCUSED WITHDRAWAL'
STATUS AS A NASDAQ MARKET MAKER IN THREE SECURITIES AND CONSEQUENTLY, ON CERTAIN OCCASIONS INVOLVING SUCH SECURITIES, ACCEPTED
A SHORT SALE ORDER IN AN EQUITY SECURITY FROM ANOTHER PERSON, OR EFFECTED A SHORT SALE ORDER IN AN EQUITY SECURITY FOR ITS OWN
ACCOUNT, IN MISTAKEN RELIANCE ON THE MARKET MAKER EXEMPTION CONTAINED IN SEC RULE 203(B)(2)(III), IN ALLEGED VIOLATION OF SEC RULE
203(B)(1) OF REGULATION SHO; (III) DURING THE PERIOD FROM JUNE 15, 2007 TO DECEMBER 31, 2007, THE FIRM'S SUPERVISORY SYSTEM DID NOT
INCLUDE ADEQUATE WRITTEN SUPERVISORY PROCEDURES SPECIFICALLY CONCERNING SEC RULE 203(B)(3), AND THE FIRM FAILED TO PROVIDE
ADEQUATE DOCUMENTATION THAT IT PERFORMED CERTAIN REVIEWS SET FORTH IN ITS WRITTEN SUPERVISORY PROCEDURES CONCERNING SEC RULE
200(G) AND NASD RULE 6130(D)(6), IN ALLEGED VIOLATION OF NASD RULES 2110 AND 3010; AND (IV) DURING THE PERIOD FROM JANUARY 1, 2008
THROUGH APRIL 30, 2008, THE FIRM FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN TRANSACTIONS IN
REPORTABLE SECURITIES IN A TIMELY MANNER THAT THE FIRM HAD AN OBLIGATION TO ACCEPT OR DECLINE AS THE ORDER ENTRY IDENTIFIER (OEID),
IN ALLEGED VIOLATION OF NASD RULE 6130(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/27/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 120,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $120,000 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JUNE 14, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY FINRA ON MAY 27, 2010, AND ON JUNE 14, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF
$120,000. ACCORDING TO THE TERMS OF THE AWC, THE FIRM AGREED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING SEC RULE
203(B)(3).regulatory · block 71PDF pages 418–420
- Regulator name — filed text
- NEVADA SECRETARY OF STATE SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 278,460.65
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEVADA SECRETARY OF STATE SECURITIES DIVISION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $278,460.65 TO THE NEVADA SECRETARY OF STATE SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEVADA SECRETARY OF STATE SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEVADA SECRETARY OF STATE SECURITIES DIVISION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $278,460.65 TO THE NEVADA SECRETARY OF STATE SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEVADA SECRETARY OF STATE SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
I10-124
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NEVADA SECRETARY OF STATE SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 278,460.65
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEVADA
SECRETARY OF STATE SECURITIES DIVISION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $278,460.65 TO THE NEVADA SECRETARY OF
STATE SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEVADA SECRETARY
OF STATE SECURITIES DIVISION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $278,460.65 TO THE NEVADA SECRETARY OF STATE SECURITIES
DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.regulatory · block 72PDF pages 420–422
- Regulator name — filed text
- GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION
- Monetary/Fine Amount — filed text
- $ 986,271.87
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION ON JUNE 29, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $986,271.87 TO THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION ON JUNE 29, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $986,271.87 TO THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/29/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
ENSC-01520
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/29/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 986,271.87
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE GEORGIA
OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION ON JUNE 29, 2010, IN WHICH THE FIRM AGREED, AS
PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$986,271.87 TO THE GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION, WHICH AMOUNT WAS
PAID ON JULY 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE GEORGIA OFFICE OF
THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION ON JUNE 29, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $986,271.87 TO THE
GEORGIA OFFICE OF THE SECRETARY OF STATE, SECURITIES AND BUSINESS REGULATION DIVISION, WHICH AMOUNT WAS PAID ON JULY 1, 2010.regulatory · block 73PDF pages 422–424
- Regulator name — filed text
- COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR
- Monetary/Fine Amount — filed text
- $ 81,980.58
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR ON JUNE 24, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $81,980.58 TO THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR ON JUNE 24, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $81,980.58 TO THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/24/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SEC-2010-43
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/24/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 81,980.58
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE COMMISSIONER
OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR ON JUNE 24, 2010, IN WHICH THE FIRM AGREED, AS PART OF A
GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $81,980.58
TO THE COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR, WHICH AMOUNT WAS PAID ON JUNE 30,
2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE COMMISSIONER OF
SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR ON JUNE 24, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $81,980.58 TO THE
COMMISSIONER OF SECURITIES AND INSURANCE, OFFICE OF THE MONTANA STATE AUDITOR, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.regulatory · block 74PDF pages 424–426
- Regulator name — filed text
- SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE
- Monetary/Fine Amount — filed text
- $ 49,382.88
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $49,382.88 TO THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $49,382.88 TO THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/22/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-10-0047
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/22/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 49,382.88
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES
AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A
GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $49,382.88
TO THE SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE, WHICH AMOUNT WAS PAID ON JUNE 30,
2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES AND
CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $49,382.88 TO THE
SECURITIES AND CHARITIES DIVISION OF THE MISSISSIPPI SECRETARY OF STATE'S OFFICE, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.regulatory · block 75PDF pages 426–427
- Regulator name — filed text
- OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO
- Monetary/Fine Amount — filed text
- $ 45,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO ON JUNE 23, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO ON JUNE 23, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
(
)
( )
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/23/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
C10-V-004
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO RICO, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/23/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OFFICE OF
FINANCIAL INSTITUTIONS OF PUERTO RICO ON JUNE 23, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE OFFICE OF FINANCIAL
INSTITUTIONS OF PUERTO RICO, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OFFICE OF FINANCIAL
INSTITUTIONS OF PUERTO RICO ON JUNE 23, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE OFFICE OF FINANCIAL INSTITUTIONS OF PUERTO
RICO, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.regulatory · block 76PDF pages 428–429
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 22,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON JUNE 4, 2010, AND ON JUNE 17, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $22,500. ACCORDING TO THE TERMS OF THE AWC, THE FIRM AGREED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES CONCERNING THE VALIDATION OF DATA ON BLUE SHEET SUBMISSIONS.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM FEBRUARY 2, 2009 THROUGH MAY 14, 2009, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) SUBMITTED CERTAIN ELECTRONIC BLUE SHEETS THAT DID NOT INCLUDE THE TICKER SYMBOL, IN ALLEGED VIOLATION OF FINRA RULES 8211 AND 8213 AND (II) THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT INCLUDE ADEQUATE WRITTEN SUPERVISORY PROCEDURES CONCERNING THE VALIDATION OF DATA ON BLUE SHEET SUBMISSIONS, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $22,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 17, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/04/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20090168185-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM
FEBRUARY 2, 2009 THROUGH MAY 14, 2009, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) SUBMITTED CERTAIN ELECTRONIC BLUE SHEETS THAT DID NOT
INCLUDE THE TICKER SYMBOL, IN ALLEGED VIOLATION OF FINRA RULES 8211 AND 8213 AND (II) THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT
INCLUDE ADEQUATE WRITTEN SUPERVISORY PROCEDURES CONCERNING THE VALIDATION OF DATA ON BLUE SHEET SUBMISSIONS, IN ALLEGED
VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/04/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 22,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $22,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JUNE 17, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY FINRA ON JUNE 4, 2010, AND ON JUNE 17, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $22,500.
ACCORDING TO THE TERMS OF THE AWC, THE FIRM AGREED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES CONCERNING THE VALIDATION OF
DATA ON BLUE SHEET SUBMISSIONS.regulatory · block 77PDF pages 429–431
- Regulator name — filed text
- ALABAMA SECURITIES COMMISSION
- Monetary/Fine Amount — filed text
- $ 1,181,331.82
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE ALABAMA SECURITIES COMMISSION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,181,331.82 TO THE ALABAMA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ALABAMA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE ALABAMA SECURITIES COMMISSION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,181,331.82 TO THE ALABAMA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ALABAMA SECURITIES COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CO-2010-0034
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE ALABAMA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,181,331.82
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE ALABAMA
SECURITIES COMMISSION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,181,331.82 TO THE ALABAMA SECURITIES COMMISSION,
WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE ALABAMA SECURITIES
COMMISSION ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,181,331.82 TO THE ALABAMA SECURITIES COMMISSION, WHICH AMOUNT WAS
PAID ON JUNE 30, 2010.regulatory · block 78PDF pages 431–433
- Regulator name — filed text
- MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 52,907.93
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $52,907.93 TO THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $52,907.93 TO THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-0043
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/21/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 52,907.93
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MAINE
DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF
A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$52,907.93 TO THE MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES, WHICH AMOUNT WAS PAID ON
JUNE 30, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MAINE DEPARTMENT
OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES ON JUNE 21, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $52,907.93 TO THE
MAINE DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION, OFFICE OF SECURITIES, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.regulatory · block 79PDF pages 433–435
- Regulator name — filed text
- NORTH DAKOTA SECURITIES DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 45,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH DAKOTA SECURITIES DEPARTMENT ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE NORTH DAKOTA SECURITIES DEPARTMENT, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NORTH DAKOTA SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH DAKOTA SECURITIES DEPARTMENT ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE NORTH DAKOTA SECURITIES DEPARTMENT, WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NORTH DAKOTA SECURITIES DEPARTMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/22/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NORTH DAKOTA SECURITIES DEPARTMENT, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION
INTO THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/22/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH DAKOTA
SECURITIES DEPARTMENT ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE NORTH DAKOTA SECURITIES DEPARTMENT,
WHICH AMOUNT WAS PAID ON JUNE 30, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH DAKOTA
SECURITIES DEPARTMENT ON JUNE 22, 2010, IN WHICH THE FIRM AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE NORTH DAKOTA SECURITIES DEPARTMENT, WHICH
AMOUNT WAS PAID ON JUNE 30, 2010.regulatory · block 80GOLDMAN SACHS JBWERE (NZ) LIMITEDPDF pages 435–437
- Advisory affiliate name — filed text
- GOLDMAN SACHS JBWERE (NZ) LIMITED
- Regulator name — filed text
- NZX LIMITED
- Monetary/Fine Amount — filed text
- $ 30,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE NZX AND JBWERE (NZ) AGREED TO SETTLEMENT TERMS THAT WERE APPROVED BY THE NZ MARKETS DISCIPLINARY TRIBUNAL ON MAY 25, 2010, AND ON JUNE 22, 2010, JBWERE (NZ) PAID A MONETARY PENALTY IN THE AMOUNT OF NZ$30,000 TO THE NZX.
Other filed details
Description of allegations — filed text
NZX LIMITED ("NZX") ALLEGED THAT GOLDMAN SACHS JBWERE (NZ) LIMITED ("JBWERE (NZ)") BREACHED NZX PARTICIPANT RULES 11.3.1 AND 8.1.1(C) BY FAILING TO BRING A CLIENT'S ORDER TO MARKET AND BY INACCURATELY ADVISING THE SAME CLIENT THAT ITS ORDER HAD BEEN PLACED.
Sanction detail — filed text
JBWERE (NZ) PAID A MONETARY PENALTY IN THE AMOUNT OF NZ$30,000 TO THE NZX ON JUNE 22, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS JBWERE (NZ)
LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NZX LIMITED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
COSTS; AGREEMENT TO REVIEW RELATED CUSTOMER COMPLAINT
3.
Date Initiated (MM/DD/YYYY):
03/25/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
NZMDT 001/10
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NZX LIMITED ("NZX") ALLEGED THAT GOLDMAN SACHS JBWERE (NZ) LIMITED ("JBWERE (NZ)") BREACHED NZX PARTICIPANT RULES 11.3.1 AND 8.1.1(C)
BY FAILING TO BRING A CLIENT'S ORDER TO MARKET AND BY INACCURATELY ADVISING THE SAME CLIENT THAT ITS ORDER HAD BEEN PLACED.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
(
)
05/25/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 30,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
COSTS; AGREEMENT TO REVIEW RELATED CUSTOMER COMPLAINT
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
JBWERE (NZ) PAID A MONETARY PENALTY IN THE AMOUNT OF NZ$30,000 TO THE NZX ON JUNE 22, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE NZX AND JBWERE (NZ) AGREED TO SETTLEMENT TERMS THAT WERE APPROVED BY THE NZ MARKETS DISCIPLINARY TRIBUNAL ON MAY 25, 2010,
AND ON JUNE 22, 2010, JBWERE (NZ) PAID A MONETARY PENALTY IN THE AMOUNT OF NZ$30,000 TO THE NZX.regulatory · block 81HULL TRADING COMPANY, L.L.C.PDF pages 437–439
- Advisory affiliate name — filed text
- HULL TRADING COMPANY, L.L.C.
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Other
Other filed details
Description of allegations — filed text
HULL TRADING COMPANY, L.L.C. IS ALLEGED TO HAVE VIOLATED ISE RULE 412 (POSITION LIMITS)
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, HULL TRADING COMPANY, L.L.C. PAID A FINE OF $5,000.00.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: HULL TRADING COMPANY, L.L.C. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) INTERNATIONAL SECURITIES EXCHANGE 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/05/2001 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: ISE NO. 2001-0406-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Options Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): HULL TRADING COMPANY, L.L.C. IS ALLEGED TO HAVE VIOLATED ISE RULE 412 (POSITION LIMITS) 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Other 11. Resolution Date (MM/DD/YYYY): 05/31/2001 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 5,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, HULL TRADING COMPANY, L.L.C. PAID A FINE OF $5,000.00. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 82SLK HULL DERIVATIVES LLC (HISTORICAL CRD NUMBER 46735 - AN AFFILIATE OF THE APPLICANT THAT FILED FORM BDW ON MARCH 30, 2007)PDF pages 439–441
- Advisory affiliate name — filed text
- SLK HULL DERIVATIVES LLC (HISTORICAL CRD NUMBER 46735 - AN AFFILIATE OF THE APPLICANT THAT FILED FORM BDW ON MARCH 30, 2007)
- Regulator name — filed text
- NASDAQ OMX PHLX, INC.
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD SUBMITTED AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WHICH WAS ACCEPTED BY A DECISION OF THE BUSINESS CONDUCT COMMITTEE OF THE EXCHANGE ON FEBRUARY 16, 2010.
Other filed details
Description of allegations — filed text
NASDAQ OMX PHLX, INC. (THE "EXCHANGE") ALLEGED THAT, DURING JANUARY 1, 2003 THROUGH AUGUST 3, 2004, AND DURING NOVEMBER 1, 2005 THROUGH MARCH 26, 2007, SLK-HULL DERIVATIVES LLC ("SHD") FAILED TO EXECUTE CERTAIN INCOMING ORDERS FOR VARIOUS OPTION SERIES AT THE DISSEMINATED PRICE IN AN AMOUNT UP TO THE DISSEMINATED SIZE, IN ALLEGED VIOLATION OF EXCHANGE RULE 1082.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A FINE IN THE AMOUNT OF $40,000. SHD WILL SUBMIT A CHECK OR WIRE IN PAYMENT OF THE FINE AMOUNT UPON RECEIPT OF THE INVOICE FROM THE EXCHANGE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
SLK HULL DERIVATIVES LLC
(HISTORICAL CRD NUMBER
46735 - AN AFFILIATE OF THE
APPLICANT THAT FILED FORM
BDW ON MARCH 30, 2007)
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ OMX PHLX, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
02/16/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
ENFORCEMENT NO. 2009-29
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
SLK-HULL DERIVATIVES LLC (HISTORICAL CRD NUMBER 46735 - AN AFFILIATE OF THE APPLICANT THAT FILED FORM BDW ON MARCH 30, 2007)
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDAQ OMX PHLX, INC. (THE "EXCHANGE") ALLEGED THAT, DURING JANUARY 1, 2003 THROUGH AUGUST 3, 2004, AND DURING NOVEMBER 1, 2005
THROUGH MARCH 26, 2007, SLK-HULL DERIVATIVES LLC ("SHD") FAILED TO EXECUTE CERTAIN INCOMING ORDERS FOR VARIOUS OPTION SERIES AT
THE DISSEMINATED PRICE IN AN AMOUNT UP TO THE DISSEMINATED SIZE, IN ALLEGED VIOLATION OF EXCHANGE RULE 1082.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
02/16/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD CONSENTED TO A FINE IN THE AMOUNT OF $40,000. SHD WILL SUBMIT A CHECK OR
WIRE IN PAYMENT OF THE FINE AMOUNT UPON RECEIPT OF THE INVOICE FROM THE EXCHANGE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, SHD SUBMITTED AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO
SANCTIONS WHICH WAS ACCEPTED BY A DECISION OF THE BUSINESS CONDUCT COMMITTEE OF THE EXCHANGE ON FEBRUARY 16, 2010.regulatory · block 83PDF pages 441–442
- Regulator name — filed text
- THE NASDAQ STOCK MARKET LLC ("NASDAQ")
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY NASDAQ AND ON OCTOBER 8, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $5,000.
Other filed details
Description of allegations — filed text
NASDAQ ALLEGED THAT ON JULY 31, 2007, GOLDMAN, SACHS & CO. ("GOLDMAN SACHS") ENTERED CERTAIN ORDERS INTO THE NASDAQ MARKET CENTER AND FAILED TO APPROPRIATELY INDENTIFY WHETHER SUCH ORDERS WERE BUYS, SHORT SALES OR LONG SALES IN ALLEGED VIOLATION OF NASDAQ MARKETPLACE RULE 4755.
Sanction detail — filed text
GOLDMAN SACHS CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $5,000 WHICH WAS PAID ON OCTOBER 8, 2008.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE NASDAQ STOCK MARKET LLC ("NASDAQ")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/24/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20070102251-02
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDAQ ALLEGED THAT ON JULY 31, 2007, GOLDMAN, SACHS & CO. ("GOLDMAN SACHS") ENTERED CERTAIN ORDERS INTO THE NASDAQ MARKET
CENTER AND FAILED TO APPROPRIATELY INDENTIFY WHETHER SUCH ORDERS WERE BUYS, SHORT SALES OR LONG SALES IN ALLEGED VIOLATION OF
NASDAQ MARKETPLACE RULE 4755.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/24/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS CONSENTED TO A MONETARY PENALTY IN THE AMOUNT OF $5,000 WHICH WAS PAID ON OCTOBER 8, 2008.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS
ACCEPTED BY NASDAQ AND ON OCTOBER 8, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $5,000.regulatory · block 84PDF pages 442–444
- Regulator name — filed text
- OFFICE OF THE ATTORNEY GENERAL OF THE SATE OF NEW YORK
- Monetary/Fine Amount — filed text
- $ 1,952,439.67
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE OBLIGATIONS, THE FIRM ENTERED INTO AN AOD WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ON JUNE 2, 2009, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,952,439.67 TO THE STATE OF NEW YORK, WHICH AMOUNT WAS PAID ON JUNE 15, 2009.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF AUCTION RATE SECURITIES.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE OBLIGATIONS, GOLDMAN, SACHS & CO. (THE "FIRM") ENTERED INTO AN ASSURANCE OF DISCONTINUANCE ("AOD") WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ON JUNE 2, 2009, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,952,439.67 TO THE STATE OF NEW YORK, WHICH AMOUNT WAS PAID ON JUNE 15, 2009.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
OFFICE OF THE ATTORNEY GENERAL OF THE SATE OF NEW YORK
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED
ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS
REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF ARS BETWEEN FEBRUARY 11, 2008 AND JUNE 2, 2009; ENDEAVOR TO
WORK WITH ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
04/14/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AOD 08-177
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALE OF AUCTION RATE SECURITIES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/02/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,952,439.67
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES
WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF ARS BETWEEN FEBRUARY 11, 2008 AND JUNE
2, 2009; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR
INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE OBLIGATIONS, GOLDMAN, SACHS & CO. (THE "FIRM") ENTERED INTO AN ASSURANCE OF
DISCONTINUANCE ("AOD") WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ON JUNE 2, 2009, IN WHICH IT AGREED, AS PART
OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$1,952,439.67 TO THE STATE OF NEW YORK, WHICH AMOUNT WAS PAID ON JUNE 15, 2009.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE OBLIGATIONS, THE FIRM ENTERED INTO AN AOD WITH THE STATE OF NEW YORK OFFICE OF THE ATTORNEY
GENERAL ON JUNE 2, 2009, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY
IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,952,439.67 TO THE STATE OF NEW YORK, WHICH AMOUNT WAS PAID ON JUNE 15, 2009.regulatory · block 85PDF pages 444–446
- Regulator name — filed text
- CBOE FUTURES EXCHANGE
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND PAYMENT OF $10,000 FINE THAT WAS ACCEPTED BY THE CBOE FUTURES EXCHANGE ON NOVEMBER 26, 2007.
Other filed details
Description of allegations — filed text
ON NOVEMBER 26, 2007, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO., ("GS") ACCEPTED A STIPULATION AND CONSENT FROM THE CBOE FUTURES EXCHANGE ("CFE"). THE CFE ALLEGED THAT ON SEVERAL TRADE DATES DURING THE PERIOD FROM FEBRUARY 27, 2007 THROUGH MAY 15, 2007, GS REPORTED INACCURACIES OF CLEARED VIX FUTURES POSITIONS TO THE OPTIONS CLEARING CORPORATION AS COMPARED WITH LARGE TRADER POSITIONS IN VIOLATION OF CFE RULE 410 AND CFTC REGULATION 1.46. GS CONSENTED TO A CENSURE AND PAID A FINE OF $10,000. THE FINE WAS PAID ON FEBRUARY 28, 2008.
Sanction detail — filed text
GS CONSENTED TO A CENSURE AND ON FEBRUARY 28, 2008, PAID A FINE IN THE AMOUNT OF $10,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE FUTURES EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/26/2007
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
07-0001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 26, 2007, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN, SACHS & CO., ("GS") ACCEPTED A STIPULATION AND
CONSENT FROM THE CBOE FUTURES EXCHANGE ("CFE"). THE CFE ALLEGED THAT ON SEVERAL TRADE DATES DURING THE PERIOD FROM FEBRUARY 27,
2007 THROUGH MAY 15, 2007, GS REPORTED INACCURACIES OF CLEARED VIX FUTURES POSITIONS TO THE OPTIONS CLEARING CORPORATION AS
COMPARED WITH LARGE TRADER POSITIONS IN VIOLATION OF CFE RULE 410 AND CFTC REGULATION 1.46. GS CONSENTED TO A CENSURE AND PAID A
FINE OF $10,000. THE FINE WAS PAID ON FEBRUARY 28, 2008.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/26/2007
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS CONSENTED TO A CENSURE AND ON FEBRUARY 28, 2008, PAID A FINE IN THE AMOUNT OF $10,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS CONSENTED TO A CENSURE AND PAYMENT OF $10,000 FINE THAT WAS ACCEPTED BY THE
CBOE FUTURES EXCHANGE ON NOVEMBER 26, 2007.regulatory · block 86PDF pages 446–448
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
- Monetary/Fine Amount — filed text
- $ 12,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA AND ON OCTOBER 9, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $12,500.
Other filed details
Description of allegations — filed text
FINRA ALLEGED THAT ON JULY 31, 2007, GOLDMAN, SACHS & CO. ("GOLDMAN SACHS") 1) INACCURATELY REPORTED TO THE TRADE REPORTING FACILITY CERTAIN "RISKLESS" PRINCIPAL TRANSACTIONS IN CERTAIN DESIGNATED SECURITIES AS "PRINCIPAL" TRANSACTIONS IN ALLEGED VIOLATION OF NASD MARKETPLACE RULE 4632(D) AND 2) TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM ("OATS") CERTAIN REPORTS THAT CONTAINED INACCURATE OR INCOMPLETE DATA IN ALLEGED VIOLATION OF NASD RULE 6955.
Sanction detail — filed text
GOLDMAN SACHS CONSENTED TO A CENSURE AND ON OCTOBER 9, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $12,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/24/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20070102251-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINRA ALLEGED THAT ON JULY 31, 2007, GOLDMAN, SACHS & CO. ("GOLDMAN SACHS") 1) INACCURATELY REPORTED TO THE TRADE REPORTING
FACILITY CERTAIN "RISKLESS" PRINCIPAL TRANSACTIONS IN CERTAIN DESIGNATED SECURITIES AS "PRINCIPAL" TRANSACTIONS IN ALLEGED
VIOLATION OF NASD MARKETPLACE RULE 4632(D) AND 2) TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM ("OATS") CERTAIN REPORTS THAT
CONTAINED INACCURATE OR INCOMPLETE DATA IN ALLEGED VIOLATION OF NASD RULE 6955.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/24/2008
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 12,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS CONSENTED TO A CENSURE AND ON OCTOBER 9, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $12,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GOLDMAN SACHS ENTERED INTO AN ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS
ACCEPTED BY FINRA AND ON OCTOBER 9, 2008, PAID A MONETARY PENALTY IN THE AMOUNT OF $12,500.regulatory · block 87PDF pages 448–450
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE ("NYSE")
- Monetary/Fine Amount — filed text
- $ 150,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ON JANUARY 3, 2006, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PARTICIPATED IN THE INDUSTRY-WIDE SETTLEMENT, CONSENTING TO A CENSURE, AND A $150,000 FINE, AND AGREED TO CONDUCT A VALIDATION OF ALL REQUIRED BLUE SHEET DATA ELEMENTS IN ACCORDANCE WITH ISG REGULATORY MEMORANDUM, ISG 2005-01 AND TO NOTIFY THE NYSE WHEN THE VALIDATION IS COMPLETE IN WRITING.
Other filed details
Description of allegations — filed text
NYSE ALLEGED AS PART OF AN INDUSTRY-WIDE SETTLEMENT THAT, PRIOR TO 2003, GOLDMAN, SACHS & CO. ("GS") FAILED TO MAINTAIN ADEQUATE WRITTEN SUPERVISORY PROCEDURES RELATING TO ITS BLUE SHEET SUBMISSIONS, FAILED TO ESTABLISH A FOLLOW UP SYSTEM TO CONFIRM INFORMATION CONTAINED IN ITS BLUE SHEET SUBMISSIONS, AND SUBMITTED INACCURATE INFORMATION IN ITS BLUE SHEET SUBMISSIONS IN VIOLATION OF NYSE RULES 410A, 401, 342 AND 342.33.
Sanction detail — filed text
GS PAID A MONETARY FINE OF $150,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE ("NYSE")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/01/2003
Exact
Explanation
If not exact, provide explanation:
NYSE MARKET SURVEILLANCE COMMENCED THE INVESTIGATION AROUND THIS TIME PERIOD.
4.
Docket/Case Number:
HPD 05-145
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NYSE ALLEGED AS PART OF AN INDUSTRY-WIDE SETTLEMENT THAT, PRIOR TO 2003, GOLDMAN, SACHS & CO. ("GS") FAILED TO MAINTAIN ADEQUATE
WRITTEN SUPERVISORY PROCEDURES RELATING TO ITS BLUE SHEET SUBMISSIONS, FAILED TO ESTABLISH A FOLLOW UP SYSTEM TO CONFIRM
INFORMATION CONTAINED IN ITS BLUE SHEET SUBMISSIONS, AND SUBMITTED INACCURATE INFORMATION IN ITS BLUE SHEET SUBMISSIONS IN
VIOLATION OF NYSE RULES 410A, 401, 342 AND 342.33.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
01/03/2006
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 150,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
GS WAS REQUIRED TO CONDUCT A VALIDATION OF ALL REQUIRED BLUE SHEET DATA ELEMENTS AND TO INFORM THE NYSE IN WRITING THAT IT
HAS COMPLETED ITS VALIDATION.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS PAID A MONETARY FINE OF $150,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JANUARY 3, 2006, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS PARTICIPATED IN THE INDUSTRY-WIDE SETTLEMENT, CONSENTING TO A
CENSURE, AND A $150,000 FINE, AND AGREED TO CONDUCT A VALIDATION OF ALL REQUIRED BLUE SHEET DATA ELEMENTS IN ACCORDANCE WITH ISG
REGULATORY MEMORANDUM, ISG 2005-01 AND TO NOTIFY THE NYSE WHEN THE VALIDATION IS COMPLETE IN WRITING.regulatory · block 88PDF pages 450–451
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JULY 15, 2010, AND ON AUGUST 3, 2010, THE FIRM SUBMITTED A CHECK IN PAYMENT OF A FINE IN THE AMOUNT OF $15,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM MAY 1, 2006 THROUGH APRIL 30, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") REPORTED TO THE OTC REPORTING FACILITY CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES WHICH IT SHOULD HAVE NOT REPORTED, IN ALLEGED VIOLATION OF NASD RULE 6620(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS PAID BY SUBMISSION OF A CHECK ON AUGUST 3, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/15/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20090171872-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD FROM MAY
1, 2006 THROUGH APRIL 30, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") REPORTED TO THE OTC REPORTING FACILITY CERTAIN LAST SALE REPORTS
OF TRANSACTIONS IN OTC EQUITY SECURITIES WHICH IT SHOULD HAVE NOT REPORTED, IN ALLEGED VIOLATION OF NASD RULE 6620(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/15/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS PAID BY
SUBMISSION OF A CHECK ON AUGUST 3, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS
ACCEPTED BY FINRA ON JULY 15, 2010, AND ON AUGUST 3, 2010, THE FIRM SUBMITTED A CHECK IN PAYMENT OF A FINE IN THE AMOUNT OF $15,000.regulatory · block 89PDF pages 451–453
- Regulator name — filed text
- TEXAS STATE SECURITIES BOARD
- Monetary/Fine Amount — filed text
- $ 2,878,447.86
- How was matter resolved — filed text
- Consent
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE TEXAS STATE SECURITIES BOARD, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE TEXAS STATE SECURITIES BOARD ON JULY 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $2,878,447.86 TO THE TEXAS STATE SECURITIES BOARD, WHICH AMOUNT WAS PAID ON AUGUST 5, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
TEXAS STATE SECURITIES BOARD
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
07/27/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
IC10-CDO-17
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE TEXAS STATE SECURITIES BOARD, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALES OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/27/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,878,447.86
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE TEXAS STATE SECURITIES BOARD
ON JULY 27, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN
THE AMOUNT OF $22.5 MILLION, INCLUDING $2,878,447.86 TO THE TEXAS STATE SECURITIES BOARD, WHICH AMOUNT WAS PAID ON AUGUST 5,
2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).regulatory · block 90PDF pages 453–455
- Regulator name — filed text
- MISSOURI SECRETARY OF STATE SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 132,470.25
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION ON JULY 20, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $132,470.25 TO THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JULY 23, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION ALLEGED THAT THE FIRM ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION ON JULY 20, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $132,470.25 TO THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JULY 23, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MISSOURI SECRETARY OF STATE SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
07/20/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
AP-10-21
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION
ALLEGED THAT THE FIRM ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF
ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/20/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 132,470.25
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM
GOLDMAN, SACHS & CO. (THE "FIRM"); PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN
MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MISSOURI SECRETARY OF STATE
SECURITIES DIVISION ON JULY 20, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $132,470.25 TO THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION,
WHICH AMOUNT WAS PAID ON JULY 23, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MISSOURI SECRETARY OF STATE
SECURITIES DIVISION ON JULY 20, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $132,470.25 TO THE MISSOURI SECRETARY OF STATE SECURITIES DIVISION,
WHICH AMOUNT WAS PAID ON JULY 23, 2010.regulatory · block 91PDF pages 455–457
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON AUGUST 24, 2010 AND ON SEPTEMBER 15, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $25,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIODS FROM JANUARY 1 TO MARCH 31, 2009 AND OCTOBER 1 TO DECEMBER 31, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT THE CORRECT TIME OF EXECUTION TO THE REAL-TIME TRANSACTION REPORTING SYSTEM ("RTRS") FOR CERTAIN REPORTS OF TRANSACTIONS IN MUNICIPAL SECURITIES AND FAILED TO REPORT INFORMATION REGARDING CERTAIN PURCHASE AND SALE TRANSACTIONS EFFECTED IN MUNICIPAL SECURITIES TO THE RTRS IN A TIMELY MANNER AS PRESCRIBED BY RULE G-14 RTRS PROCEDURES AND THE RTRS USERS MANUAL, IN ALLEGED VIOLATION OF MSRB RULE G-14.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 15, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
y
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
08/24/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20090186424-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIODS FROM
JANUARY 1 TO MARCH 31, 2009 AND OCTOBER 1 TO DECEMBER 31, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT THE CORRECT TIME
OF EXECUTION TO THE REAL-TIME TRANSACTION REPORTING SYSTEM ("RTRS") FOR CERTAIN REPORTS OF TRANSACTIONS IN MUNICIPAL SECURITIES
AND FAILED TO REPORT INFORMATION REGARDING CERTAIN PURCHASE AND SALE TRANSACTIONS EFFECTED IN MUNICIPAL SECURITIES TO THE RTRS
IN A TIMELY MANNER AS PRESCRIBED BY RULE G-14 RTRS PROCEDURES AND THE RTRS USERS MANUAL, IN ALLEGED VIOLATION OF MSRB RULE G-14.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/24/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 25,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON SEPTEMBER 15, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER
AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON AUGUST 24, 2010 AND ON SEPTEMBER 15, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT
OF A FINE IN THE AMOUNT OF $25,000.regulatory · block 92GOLDMAN SACHS INTERNATIONALPDF pages 457–459
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FINANCIAL SERVICES AUTHORITY
- Monetary/Fine Amount — filed text
- $ 27,371,750.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
GSI AGREED TO THE IMPOSITION OF A FINE BY THE FSA OF GB£17.5 MILLION, WHICH AMOUNT WAS PAID ON SEPTEMBER 15, 2010. AS INDICATED IN A NOTICE PUBLISHED BY THE FSA ON SEPTEMBER 9, 2010 (THE "NOTICE"), IN RESPECT OF BREACHES OF FSA PRINCIPLES 2, 3 AND 11, THE FSA INCLUDED IN ITS 'REASONS FOR THE ACTION' THAT, DURING THE RELEVANT PERIOD, WHICH OCCURRED BETWEEN JULY 2009 AT THE LATEST AND APRIL 16, 2010: (I) IN BREACH OF FSA PRINCIPLE 2, GSI FAILED TO CONDUCT ITS BUSINESS WITH DUE SKILL, CARE AND DILIGENCE IN RELATION TO ITS REGULATORY OBLIGATIONS. SPECIFICALLY, GSI FAILED TO CONSIDER THE REGULATORY REPORTING OBLIGATIONS FOR GSI OF THE SEC INVESTIGATION, INCLUDING THE GOLDMAN, SACHS & CO. WELLS NOTICE AND THE MR. FABRICE TOURRE WELLS NOTICE, (II) IN BREACH OF FSA PRINCIPLE 3, GSI FAILED TO TAKE REASONABLE CARE TO ORGANIZE AND CONTROL ITS AFFAIRS RESPONSIBLY AND EFFECTIVELY WITH ADEQUATE POLICIES, PROCEDURES, SYSTEMS AND CONTROLS IN RELATION TO INTERNAL COMMUNICATIONS WITHIN THE GS GROUP AND GSI TO ENABLE GSI TO FULFILL ITS EXTERNAL REGULATORY REPORTING OBLIGATIONS, AND (III) IN BREACH OF FSA PRINCIPLE 11, GSI FAILED TO DISCLOSE THE MR. TOURRE WELLS NOTICE TO THE FSA, WHICH WAS INFORMATION OF WHICH THE FSA WOULD REASONABLY EXPECT NOTICE AND WHICH WAS REASONABLY MATERIAL TO THE ASSESSMENT OF MR. TOURRE'S FITNESS AND PROPRIETY TO HOLD A CONTROLLED FUNCTION. THE FSA ACCEPTED THAT THIS FAILURE WAS NOT AS A RESULT OF GSI DELIBERATELY WITHHOLDING INFORMATION. NO FINDING WAS MADE WITH RESPECT TO THE MARKETING OF ABACUS BY GSI. AS ACKNOWLEDGED IN THE NOTICE, A PROGRAM OF ENHANCEMENTS TO GSI'S SYSTEMS IS UNDERWAY TO ENSURE THAT ALL RELEVANT ISSUES ARE REPORTED TO THE FSA. A NUMBER OF IMPROVEMENTS HAVE ALREADY BEEN MADE. THE NOTICE ALSO SPECIFICALLY STATES THAT THE BREACHES IT IDENTIFIED WERE NOT DELIBERATE, BUT INADVERTENT AND THAT THEY DO NOT REFLECT ADVERSELY ON THE INTEGRITY OF GSI OR THE INDIVIDUALS CONCERNED.
Other filed details
Description of allegations — filed text
THE FINANCIAL SERVICES AUTHORITY IN THE UK ("FSA") INVESTIGATED GOLDMAN SACHS INTERNATIONAL ("GSI") IN RELATION TO (I) THE MARKETING OF THE SYNTHETIC COLLATERALIZED DEBT OBLIGATION TRANSACTION NAMED ABACUS 2007-AC1 ("ABACUS") BY GSI, (II) THE FAILURE BY GSI TO NOTIFY THE FSA OF THE SECURITIES AND EXCHANGE COMMISSION'S ("SEC") INVESTIGATION INTO ABACUS AND (III) GSI'S SYSTEMS AND CONTROLS WITH RESPECT TO THE INTERNAL REPORTING AND ESCALATION OF REGULATORY MATTERS.
Sanction detail — filed text
GSI AGREED TO THE IMPOSITION OF A FINE BY THE FSA OF GB£17.5 MILLION, WHICH AMOUNT WAS PAID ON SEPTEMBER 15, 2010. WHILE THE ACTUAL PAYMENT WAS MADE IN GB POUNDS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF GB£1:US$1.5641 AS OF SEPTEMBER 15, 2010, THE EQUIVALENT US DOLLAR VALUE ON SEPTEMBER 15, 2010 WAS US$27,371,750, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL SERVICES AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/03/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL SERVICES AUTHORITY IN THE UK ("FSA") INVESTIGATED GOLDMAN SACHS INTERNATIONAL ("GSI") IN RELATION TO (I) THE MARKETING
OF THE SYNTHETIC COLLATERALIZED DEBT OBLIGATION TRANSACTION NAMED ABACUS 2007-AC1 ("ABACUS") BY GSI, (II) THE FAILURE BY GSI TO
NOTIFY THE FSA OF THE SECURITIES AND EXCHANGE COMMISSION'S ("SEC") INVESTIGATION INTO ABACUS AND (III) GSI'S SYSTEMS AND CONTROLS
WITH RESPECT TO THE INTERNAL REPORTING AND ESCALATION OF REGULATORY MATTERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/03/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 27,371,750.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSI AGREED TO THE IMPOSITION OF A FINE BY THE FSA OF GB£17.5 MILLION, WHICH AMOUNT WAS PAID ON SEPTEMBER 15, 2010. WHILE THE
ACTUAL PAYMENT WAS MADE IN GB POUNDS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF GB£1:US$1.5641 AS OF SEPTEMBER
15, 2010, THE EQUIVALENT US DOLLAR VALUE ON SEPTEMBER 15, 2010 WAS US$27,371,750, WHICH AMOUNT IS REFLECTED IN ITEM 12.A.
ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSI AGREED TO THE IMPOSITION OF A FINE BY THE FSA OF GB£17.5 MILLION, WHICH AMOUNT WAS PAID ON SEPTEMBER 15, 2010. AS INDICATED IN A
NOTICE PUBLISHED BY THE FSA ON SEPTEMBER 9, 2010 (THE "NOTICE"), IN RESPECT OF BREACHES OF FSA PRINCIPLES 2, 3 AND 11, THE FSA
INCLUDED IN ITS 'REASONS FOR THE ACTION' THAT, DURING THE RELEVANT PERIOD, WHICH OCCURRED BETWEEN JULY 2009 AT THE LATEST AND
APRIL 16, 2010: (I) IN BREACH OF FSA PRINCIPLE 2, GSI FAILED TO CONDUCT ITS BUSINESS WITH DUE SKILL, CARE AND DILIGENCE IN RELATION TO
ITS REGULATORY OBLIGATIONS. SPECIFICALLY, GSI FAILED TO CONSIDER THE REGULATORY REPORTING OBLIGATIONS FOR GSI OF THE SEC
INVESTIGATION, INCLUDING THE GOLDMAN, SACHS & CO. WELLS NOTICE AND THE MR. FABRICE TOURRE WELLS NOTICE, (II) IN BREACH OF FSA
PRINCIPLE 3, GSI FAILED TO TAKE REASONABLE CARE TO ORGANIZE AND CONTROL ITS AFFAIRS RESPONSIBLY AND EFFECTIVELY WITH ADEQUATE
POLICIES, PROCEDURES, SYSTEMS AND CONTROLS IN RELATION TO INTERNAL COMMUNICATIONS WITHIN THE GS GROUP AND GSI TO ENABLE GSI TO
FULFILL ITS EXTERNAL REGULATORY REPORTING OBLIGATIONS, AND (III) IN BREACH OF FSA PRINCIPLE 11, GSI FAILED TO DISCLOSE THE MR. TOURRE
WELLS NOTICE TO THE FSA, WHICH WAS INFORMATION OF WHICH THE FSA WOULD REASONABLY EXPECT NOTICE AND WHICH WAS REASONABLY
MATERIAL TO THE ASSESSMENT OF MR. TOURRE'S FITNESS AND PROPRIETY TO HOLD A CONTROLLED FUNCTION. THE FSA ACCEPTED THAT THIS
FAILURE WAS NOT AS A RESULT OF GSI DELIBERATELY WITHHOLDING INFORMATION. NO FINDING WAS MADE WITH RESPECT TO THE MARKETING OF
ABACUS BY GSI. AS ACKNOWLEDGED IN THE NOTICE, A PROGRAM OF ENHANCEMENTS TO GSI'S SYSTEMS IS UNDERWAY TO ENSURE THAT ALL
RELEVANT ISSUES ARE REPORTED TO THE FSA. A NUMBER OF IMPROVEMENTS HAVE ALREADY BEEN MADE. THE NOTICE ALSO SPECIFICALLY STATES
THAT THE BREACHES IT IDENTIFIED WERE NOT DELIBERATE, BUT INADVERTENT AND THAT THEY DO NOT REFLECT ADVERSELY ON THE INTEGRITY OF GSI
OR THE INDIVIDUALS CONCERNED.regulatory · block 93PDF pages 459–461
- Regulator name — filed text
- BOSTON OPTIONS EXCHANGE
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY BOX ON OCTOBER 25, 2010, AND ON NOVEMBER 1, 2010, THE FIRM SUBMITTED A CHECK IN PAYMENT OF A FINE IN THE AMOUNT OF $15,000.
Other filed details
Description of allegations — filed text
BOSTON OPTIONS EXCHANGE ("BOX") REGULATION, LLC ALLEGED THAT: (I) DURING THE PERIOD BETWEEN JANUARY 1, 2009 AND JANUARY 31, 2010, GOLDMAN, SACHS & CO. (THE "FIRM"), ON CERTAIN OCCASIONS, TRADED AGAINST A DIRECTED ORDER THAT THE FIRM HAD PREVIOUSLY RECEIVED AND REJECTED WITHOUT FIRST EXPOSING IT TO THE BOX BOOK FOR AT LEAST THREE SECONDS, IN ALLEGED VIOLATION OF BOX TRADING RULES CHAPTER VI, MARKET MAKERS, SECTION 5, OBLIGATIONS OF MARKET MAKERS (C)(III), AND (II) THAT THE FIRM FAILED TO MAINTAIN AN ADEQUATE SYSTEM OF SUPERVISION, INCLUDING ADEQUATE WRITTEN SUPERVISORY PROCEDURES AND EFFECTIVE MONITORING REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH BOX RULES RELATING TO THE OBLIGATIONS OF A BOX MARKET MAKER WHEN HANDLING DIRECTED ORDERS, IN ALLEGED VIOLATION OF BOX TRADING RULE CHAPTER V, DOING BUSINESS ON BOX, SECTION 1, ACCESS TO AND CONDUCT ON THE BOX MARKET, (B)(IV) BOX CONDUCT.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS PAID BY SUBMISSION OF A CHECK ON NOVEMBER 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOSTON OPTIONS EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20090175424
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
BOSTON OPTIONS EXCHANGE ("BOX") REGULATION, LLC ALLEGED THAT: (I) DURING THE PERIOD BETWEEN JANUARY 1, 2009 AND JANUARY 31, 2010,
GOLDMAN, SACHS & CO. (THE "FIRM"), ON CERTAIN OCCASIONS, TRADED AGAINST A DIRECTED ORDER THAT THE FIRM HAD PREVIOUSLY RECEIVED AND
REJECTED WITHOUT FIRST EXPOSING IT TO THE BOX BOOK FOR AT LEAST THREE SECONDS, IN ALLEGED VIOLATION OF BOX TRADING RULES CHAPTER
VI, MARKET MAKERS, SECTION 5, OBLIGATIONS OF MARKET MAKERS (C)(III), AND (II) THAT THE FIRM FAILED TO MAINTAIN AN ADEQUATE SYSTEM OF
SUPERVISION, INCLUDING ADEQUATE WRITTEN SUPERVISORY PROCEDURES AND EFFECTIVE MONITORING REASONABLY DESIGNED TO ACHIEVE
COMPLIANCE WITH BOX RULES RELATING TO THE OBLIGATIONS OF A BOX MARKET MAKER WHEN HANDLING DIRECTED ORDERS, IN ALLEGED
VIOLATION OF BOX TRADING RULE CHAPTER V, DOING BUSINESS ON BOX, SECTION 1, ACCESS TO AND CONDUCT ON THE BOX MARKET, (B)(IV) BOX
CONDUCT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS PAID BY
SUBMISSION OF A CHECK ON NOVEMBER 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS
ACCEPTED BY BOX ON OCTOBER 25, 2010, AND ON NOVEMBER 1, 2010, THE FIRM SUBMITTED A CHECK IN PAYMENT OF A FINE IN THE AMOUNT OF
$15,000.regulatory · block 94PDF pages 461–463
- Regulator name — filed text
- VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE
- Monetary/Fine Amount — filed text
- $ 45,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE ON NOVEMBER 3, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE, WHICH AMOUNT WAS PAID ON NOVEMBER 17, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE ON NOVEMBER 3, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE, WHICH AMOUNT WAS PAID ON NOVEMBER 17, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
11/03/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
12-10
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE VIRGIN ISLANDS DIVISION OF BANKING AND INSURANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE VIRGIN ISLANDS DIVISION OF BANKING AND
INSURANCE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED
ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/03/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VIRGIN ISLANDS
DIVISION OF BANKING AND INSURANCE ON NOVEMBER 3, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE VIRGIN ISLANDS
DIVISION OF BANKING AND INSURANCE, WHICH AMOUNT WAS PAID ON NOVEMBER 17, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE VIRGIN ISLANDS
DIVISION OF BANKING AND INSURANCE ON NOVEMBER 3, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $45,000.00 TO THE VIRGIN ISLANDS DIVISION OF BANKING AND
INSURANCE, WHICH AMOUNT WAS PAID ON NOVEMBER 17, 2010.regulatory · block 95PDF pages 463–465
- Regulator name — filed text
- KANSAS SECURITIES COMMISSIONER
- Monetary/Fine Amount — filed text
- $ 789,931.65
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE KANSAS SECURITIES COMMISSIONER ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $789,931.65 TO THE KANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON NOVEMBER 2, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE KANSAS SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE KANSAS SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE KANSAS SECURITIES COMMISSIONER ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $789,931.65 TO THE KANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON NOVEMBER 2, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
KANSAS SECURITIES COMMISSIONER
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10 E 29
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE KANSAS SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE KANSAS SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE
IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 789,931.65
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE KANSAS SECURITIES
COMMISSIONER ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $789,931.65 TO THE KANSAS SECURITIES COMMISSIONER, WHICH AMOUNT
WAS PAID ON NOVEMBER 2, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE KANSAS SECURITIES COMMISSIONER ON
OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE
AMOUNT OF $22.5 MILLION, INCLUDING $789,931.65 TO THE KANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON NOVEMBER 2, 2010.regulatory · block 96PDF pages 465–467
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 650,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, AND SOLELY FOR PURPOSES OF A FINRA PROCEEDING, THE FIRM SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 9, 2010 THAT INCLUDED (1) A CENSURE, (2) A FINE IN THE AMOUNT OF $650,000 WHICH WAS PAID ON NOVEMBER 18, 2010 AND (3) AN UNDERTAKING REQUIRING A CERTIFICATION BY THE FIRM WITHIN 90 CALENDAR DAYS THAT (I) IT COMPLETED A REVIEW OF ITS SUPERVISORY PROCEDURES AND SYSTEMS CONCERNING FORM U4 AMENDMENTS AND COMPLIANCE WITH FINRA BY-LAWS, ARTICLE V, SECTION 2(C) AND (II) IT IMPLEMENTED ANY NECESSARY REVISIONS.
Other filed details
Description of allegations — filed text
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT, BETWEEN NOVEMBER 2009 AND MAY 2010, GOLDMAN, SACHS & CO. (THE "FIRM") (I) FAILED IN TWO INSTANCES TO UPDATE THE UNIFORM APPLICATIONS FOR SECURITIES INDUSTRY REGISTRATION OR TRANSFER ("FORMS U4") FOR TWO REGISTERED REPRESENTATIVES WHO RECEIVED WELLS NOTICES, AS REQUIRED BY FINRA BY- LAWS, ARTICLE V, SECTION 2(C), AND (II) DID NOT HAVE IN PLACE AN EFFECTIVE PROCEDURE TO ENSURE THAT THE COMPLIANCE GROUP RESPONSIBLE FOR FILING AMENDMENTS TO FORMS U4 WAS PROMPTLY NOTIFIED ABOUT WELLS NOTICES REGARDING REGISTERED PERSONS, IN ALLEGED VIOLATION OF NASD CONDUCT RULE 3010 AND FINRA RULE 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, AND SOLELY FOR PURPOSES OF A FINRA PROCEEDING, THE FIRM SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 9, 2010, THAT INCLUDED (1) A CENSURE, (2) A FINE IN THE AMOUNT OF $650,000 WHICH WAS PAID ON NOVEMBER 18, 2010 AND (3) AN UNDERTAKING REQUIRING A CERTIFICATION BY THE FIRM WITHIN 90 CALENDAR DAYS THAT (I) IT COMPLETED A REVIEW OF ITS SUPERVISORY PROCEDURES AND SYSTEMS CONCERNING FORM U4 AMENDMENTS AND COMPLIANCE WITH FINRA BY-LAWS, ARTICLE V, SECTION 2(C) AND (II) IT IMPLEMENTED ANY NECESSARY REVISIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/09/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20100224738-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT, BETWEEN NOVEMBER 2009 AND MAY
2010, GOLDMAN, SACHS & CO. (THE "FIRM") (I) FAILED IN TWO INSTANCES TO UPDATE THE UNIFORM APPLICATIONS FOR SECURITIES INDUSTRY
REGISTRATION OR TRANSFER ("FORMS U4") FOR TWO REGISTERED REPRESENTATIVES WHO RECEIVED WELLS NOTICES, AS REQUIRED BY FINRA BY-
LAWS, ARTICLE V, SECTION 2(C), AND (II) DID NOT HAVE IN PLACE AN EFFECTIVE PROCEDURE TO ENSURE THAT THE COMPLIANCE GROUP
RESPONSIBLE FOR FILING AMENDMENTS TO FORMS U4 WAS PROMPTLY NOTIFIED ABOUT WELLS NOTICES REGARDING REGISTERED PERSONS, IN
ALLEGED VIOLATION OF NASD CONDUCT RULE 3010 AND FINRA RULE 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/09/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 650,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE FINDINGS, AND SOLELY FOR PURPOSES OF A FINRA PROCEEDING, THE FIRM SUBMITTED A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT, WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 9, 2010, THAT INCLUDED (1) A CENSURE, (2) A FINE IN
THE AMOUNT OF $650,000 WHICH WAS PAID ON NOVEMBER 18, 2010 AND (3) AN UNDERTAKING REQUIRING A CERTIFICATION BY THE FIRM
WITHIN 90 CALENDAR DAYS THAT (I) IT COMPLETED A REVIEW OF ITS SUPERVISORY PROCEDURES AND SYSTEMS CONCERNING FORM U4
AMENDMENTS AND COMPLIANCE WITH FINRA BY-LAWS, ARTICLE V, SECTION 2(C) AND (II) IT IMPLEMENTED ANY NECESSARY REVISIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE FINDINGS, AND SOLELY FOR PURPOSES OF A FINRA PROCEEDING, THE FIRM SUBMITTED A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 9, 2010 THAT INCLUDED (1) A CENSURE, (2) A FINE IN THE
AMOUNT OF $650,000 WHICH WAS PAID ON NOVEMBER 18, 2010 AND (3) AN UNDERTAKING REQUIRING A CERTIFICATION BY THE FIRM WITHIN 90
CALENDAR DAYS THAT (I) IT COMPLETED A REVIEW OF ITS SUPERVISORY PROCEDURES AND SYSTEMS CONCERNING FORM U4 AMENDMENTS AND
COMPLIANCE WITH FINRA BY-LAWS, ARTICLE V, SECTION 2(C) AND (II) IT IMPLEMENTED ANY NECESSARY REVISIONS.regulatory · block 97PDF pages 467–468
- Regulator name — filed text
- DIVISION OF SECURITIES OF THE STATE OF DELAWARE
- Monetary/Fine Amount — filed text
- $ 89,151.79
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $89,151.79 TO THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE, WHICH AMOUNT WAS PAID ON NOVEMBER 1, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $89,151.79 TO THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE, WHICH AMOUNT WAS PAID ON NOVEMBER 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
DIVISION OF SECURITIES OF THE STATE OF DELAWARE
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVES
3.
Date Initiated (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-6-6
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE DIVISION OF SECURITIES OF THE STATE OF DELAWARE, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE DIVISION OF SECURITIES OF THE STATE OF
DELAWARE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED
ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/25/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 89,151.79
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DIVISION OF
SECURITIES OF THE STATE OF DELAWARE ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $89,151.79 TO THE DIVISION OF SECURITIES
OF THE STATE OF DELAWARE, WHICH AMOUNT WAS PAID ON NOVEMBER 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DIVISION OF
SECURITIES OF THE STATE OF DELAWARE ON OCTOBER 25, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $89,151.79 TO THE DIVISION OF SECURITIES OF THE STATE OF
DELAWARE, WHICH AMOUNT WAS PAID ON NOVEMBER 1, 2010.regulatory · block 98PDF pages 469–470
- Regulator name — filed text
- LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS
- Monetary/Fine Amount — filed text
- $ 118,528.64
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS ON SEPTEMBER 10, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $118.528.64 TO THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS, WHICH AMOUNT WAS PAID ON SEPTEMBER 23, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS ALLEGED THAT GOLDMAN, SACHS & CO.(THE "FIRM") FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS ON SEPTEMBER 10, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $118.528.64 TO THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS, WHICH AMOUNT WAS PAID ON SEPTEMBER 23, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
09/10/2010
Exact
Explanation
p
If not exact, provide explanation:
4.
Docket/Case Number:
OFI-2010-0014
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE LOUISIANA OFFICE OF FINANCIAL
INSTITUTIONS ALLEGED THAT GOLDMAN, SACHS & CO.(THE "FIRM") FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN
CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/10/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 118,528.64
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE LOUISIANA
OFFICE OF FINANCIAL INSTITUTIONS ON SEPTEMBER 10, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $118.528.64 TO THE LOUISIANA OFFICE OF
FINANCIAL INSTITUTIONS, WHICH AMOUNT WAS PAID ON SEPTEMBER 23, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE LOUISIANA OFFICE OF
FINANCIAL INSTITUTIONS ON SEPTEMBER 10, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $118.528.64 TO THE LOUISIANA OFFICE OF FINANCIAL INSTITUTIONS,
WHICH AMOUNT WAS PAID ON SEPTEMBER 23, 2010.regulatory · block 99PDF pages 470–472
- Regulator name — filed text
- CONNECTICUT DEPARTMENT OF BANKING
- Monetary/Fine Amount — filed text
- $ 1,014,903.35
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE CONNECTICUT DEPARTMENT OF BANKING ON DECEMBER 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,014,903.35 TO THE CONNECTICUT DEPARTMENT OF BANKING, WHICH AMOUNT WAS PAID ON DECEMBER 23, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE CONNECTICUT DEPARTMENT OF BANKING, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE CONNECTICUT DEPARTMENT OF BANKING ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE CONNECTICUT DEPARTMENT OF BANKING ON DECEMBER 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,014,903.35 TO THE CONNECTICUT DEPARTMENT OF BANKING, WHICH AMOUNT WAS PAID ON DECEMBER 23, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CONNECTICUT DEPARTMENT OF BANKING
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
12/17/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CO-10-7842-S
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE CONNECTICUT DEPARTMENT OF BANKING, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE CONNECTICUT DEPARTMENT OF BANKING ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/17/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,014,903.35
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE CONNECTICUT DEPARTMENT OF
BANKING ON DECEMBER 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,014,903.35 TO THE CONNECTICUT DEPARTMENT OF BANKING, WHICH
AMOUNT WAS PAID ON DECEMBER 23, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE CONNECTICUT DEPARTMENT OF BANKING
ON DECEMBER 17, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN
THE AMOUNT OF $22.5 MILLION, INCLUDING $1,014,903.35 TO THE CONNECTICUT DEPARTMENT OF BANKING, WHICH AMOUNT WAS PAID ON
DECEMBER 23, 2010.regulatory · block 100PDF pages 472–475
- Regulator name — filed text
- ARKANSAS SECURITIES COMMISSIONER
- Monetary/Fine Amount — filed text
- $ 78,556.45
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES COMMISSIONER ON DECEMBER 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $78,556.45 TO THE ARKANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON JANUARY 6, 2011. DRP Pages
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE ARKANSAS SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE ARKANSAS SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES COMMISSIONER ON DECEMBER 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $78,556.45 TO THE ARKANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON JANUARY 6, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ARKANSAS SECURITIES COMMISSIONER
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
12/28/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-09-024-10-OR14
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE ARKANSAS SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE ARKANSAS SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/28/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 78,556.45
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES
COMMISSIONER ON DECEMBER 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $78,556.45 TO THE ARKANSAS SECURITIES COMMISSIONER, WHICH
AMOUNT WAS PAID ON JANUARY 6, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE ARKANSAS SECURITIES COMMISSIONER
ON DECEMBER 28, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN
THE AMOUNT OF $22.5 MILLION, INCLUDING $78,556.45 TO THE ARKANSAS SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON JANUARY 6,
2011.
DRP Pagesregulatory · block 1PDF pages 475–476
- Regulator name — filed text
- IOWA INSURANCE DIVISION
- Monetary/Fine Amount — filed text
- $ 53,181.86
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IOWA INSURANCE DIVISION ON DECEMBER 2, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $53,181.86 TO THE IOWA INSURANCE DIVISION, WHICH AMOUNT WAS PAID ON DECEMBER 10, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE IOWA INSURANCE DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE IOWA INSURANCE DIVISION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IOWA INSURANCE DIVISION ON DECEMBER 2, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $53,181.86 TO THE IOWA INSURANCE DIVISION, WHICH AMOUNT WAS PAID ON DECEMBER 10, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
IOWA INSURANCE DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
12/02/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
67953
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE IOWA INSURANCE DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALE OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE IOWA INSURANCE DIVISION ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/02/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 53,181.86
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IOWA
INSURANCE DIVISION ON DECEMBER 2, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $53,181.86 TO THE IOWA INSURANCE DIVISION, WHICH AMOUNT
WAS PAID ON DECEMBER 10, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE IOWA INSURANCE
DIVISION ON DECEMBER 2, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $53,181.86 TO THE IOWA INSURANCE DIVISION, WHICH AMOUNT WAS PAID ON DECEMBER
10, 2010.regulatory · block 2PDF pages 477–478
- Regulator name — filed text
- SECURITIES COMMISSIONER OF SOUTH CAROLINA
- Monetary/Fine Amount — filed text
- $ 67,707.37
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES COMMISSIONER OF SOUTH CAROLINA ON AUGUST 9, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $67,707.37 TO THE SECURITIES COMMISSIONER OF SOUTH CAROLINA, WHICH AMOUNT WAS PAID ON AUGUST 19, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES COMMISSIONER OF SOUTH CAROLINA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE SECURITIES COMMISSIONER OF SOUTH CAROLINA ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES COMMISSIONER OF SOUTH CAROLINA ON AUGUST 9, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $67,707.37 TO THE SECURITIES COMMISSIONER OF SOUTH CAROLINA, WHICH AMOUNT WAS PAID ON AUGUST 19, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES COMMISSIONER OF SOUTH CAROLINA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVES
3.
Date Initiated (MM/DD/YYYY):
08/09/2010
Exact
Explanation
If not exact, provide explanation:
p
p
4.
Docket/Case Number:
10032
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE SECURITIES COMMISSIONER OF SOUTH CAROLINA, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE SECURITIES COMMISSIONER OF SOUTH
CAROLINA ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED
ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/09/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 67,707.37
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES
COMMISSIONER OF SOUTH CAROLINA ON AUGUST 9, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $67,707.37 TO THE SECURITIES COMMISSIONER OF SOUTH
CAROLINA, WHICH AMOUNT WAS PAID ON AUGUST 19, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE SECURITIES
COMMISSIONER OF SOUTH CAROLINA ON AUGUST 9, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO
PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $67,707.37 TO THE SECURITIES COMMISSIONER OF SOUTH
CAROLINA, WHICH AMOUNT WAS PAID ON AUGUST 19, 2010.regulatory · block 3PDF pages 478–480
- Regulator name — filed text
- OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES
- Monetary/Fine Amount — filed text
- $ 80,863.23
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL PENALTY, AND CONSENT TO ENTRY OF ORDER WITH THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ON DECEMBER 6, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $80,863.23 TO THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, WHICH AMOUNT WAS PAID ON DECEMBER 10, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS. IN THE ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL PENALTY, AND CONSENT TO ENTRY OF ORDER, THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL PENALTY, AND CONSENT TO ENTRY OF ORDER WITH THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ON DECEMBER 6, 2010, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $80,863.23 TO THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, WHICH AMOUNT WAS PAID ON DECEMBER 10, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
12/06/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-10-0009
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, CONDUCTED AN INDUSTRY-WIDE,
JOINT INVESTIGATION INTO THE MARKETING AND SALE OF ARS. IN THE ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL PENALTY, AND
CONSENT TO ENTRY OF ORDER, THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE
IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/06/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 80,863.23
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL
PENALTY, AND CONSENT TO ENTRY OF ORDER WITH THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ON DECEMBER 6, 2010,
IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF
$22.5 MILLION, INCLUDING $80,863.23 TO THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, WHICH AMOUNT WAS PAID ON
DECEMBER 10, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ORDER TO CEASE AND DESIST, ORDER FOR ASSESSING CIVIL
PENALTY, AND CONSENT TO ENTRY OF ORDER WITH THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES ON DECEMBER 6, 2010, IN
WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5
MILLION, INCLUDING $80,863.23 TO THE OREGON DEPARTMENT OF BUSINESS AND CONSUMER SERVICES, WHICH AMOUNT WAS PAID ON DECEMBER
10, 2010.regulatory · block 4PDF pages 480–482
- Regulator name — filed text
- TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 410,721.37
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, ON AUGUST 19, 2010 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,721.37 TO THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON SEPTEMBER 1, 2010.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, ON AUGUST 19, 2010 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,721.37 TO THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON SEPTEMBER 1, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM GOLDMAN, SACHS & CO.; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION
PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS;
ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL
INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
08/19/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-005 (SI-2008-010)
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, CONDUCTED AN
INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE TENNESSEE DEPARTMENT OF
COMMERCE AND INSURANCE, SECURITIES DIVISION, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE
OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF
ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/19/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 410,721.37
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH TENNESSEE DEPARTMENT OF
COMMERCE AND INSURANCE, SECURITIES DIVISION, ON AUGUST 19, 2010 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,721.37 TO THE TENNESSEE
DEPARTMENT OF COMMERCE AND INSURANCE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON SEPTEMBER 1, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH TENNESSEE DEPARTMENT OF COMMERCE AND
INSURANCE, SECURITIES DIVISION, ON AUGUST 19, 2010 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY
A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,721.37 TO THE TENNESSEE DEPARTMENT OF COMMERCE AND
INSURANCE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON SEPTEMBER 1, 2010.regulatory · block 5SLK-HULL DERIVATIVES LLCPDF pages 482–484
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 6PDF pages 484–486
- Regulator name — filed text
- MARYLAND SECURITIES COMMISSIONER
- Monetary/Fine Amount — filed text
- $ 722,977.33
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES COMMISSIONER ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $722,977.33 TO THE MARYLAND SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON MAY 13, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MARYLAND SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MARYLAND SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES COMMISSIONER ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $722,977.33 TO THE MARYLAND SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON MAY 13, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MARYLAND SECURITIES COMMISSIONER
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
05/10/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010-0205
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MARYLAND SECURITIES COMMISSIONER, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MARYLAND SECURITIES COMMISSIONER ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/10/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 722,977.33
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES
COMMISSIONER ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $722,977.33 TO THE MARYLAND SECURITIES COMMISSIONER, WHICH
AMOUNT WAS PAID ON MAY 13, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MARYLAND SECURITIES COMMISSIONER
ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE
AMOUNT OF $22.5 MILLION, INCLUDING $722,977.33 TO THE MARYLAND SECURITIES COMMISSIONER, WHICH AMOUNT WAS PAID ON MAY 13, 2011.regulatory · block 7PDF pages 486–488
- Regulator name — filed text
- MASSACHUSETTS SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 1,368,553.05
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MASSACHUSETTS SECURITIES DIVISION ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,368,553.05 TO THE MASSACHUSETTS SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON MAY 13, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MASSACHUSETTS SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE MASSACHUSETTS SECURITIES DIVISION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MASSACHUSETTS SECURITIES DIVISION ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,368,553.05 TO THE MASSACHUSETTS SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON MAY 13, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MASSACHUSETTS SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
05/10/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
E-2011-0016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MASSACHUSETTS SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE MASSACHUSETTS SECURITIES DIVISION ALLEGED THAT GOLDMAN,
SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF
ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/10/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,368,553.05
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE
MASSACHUSETTS SECURITIES DIVISION ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,368,553.05 TO THE MASSACHUSETTS SECURITIES
DIVISION, WHICH AMOUNT WAS PAID ON MAY 13, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MASSACHUSETTS
SECURITIES DIVISION ON MAY 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,368,553.05 TO THE MASSACHUSETTS SECURITIES DIVISION, WHICH AMOUNT
WAS PAID ON MAY 13, 2011.regulatory · block 8PDF pages 488–490
- Regulator name — filed text
- NEW JERSEY BUREAU OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 959,794.35
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW JERSEY BUREAU OF SECURITIES ON MAY 6, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $959,794.35 TO THE NEW JERSEY BUREAU OF SECURITIES, WHICH AMOUNT WAS PAID ON MAY 11, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEW JERSEY BUREAU OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEW JERSEY BUREAU OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW JERSEY BUREAU OF SECURITIES ON MAY 6, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $959,794.35 TO THE NEW JERSEY BUREAU OF SECURITIES, WHICH AMOUNT WAS PAID ON MAY 11, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW JERSEY BUREAU OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
05/06/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010-025
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NEW JERSEY BUREAU OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEW JERSEY BUREAU OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE
IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/06/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 959,794.35
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW JERSEY BUREAU OF
SECURITIES ON MAY 6, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $959,794.35 TO THE NEW JERSEY BUREAU OF SECURITIES, WHICH AMOUNT WAS PAID
ON MAY 11, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW JERSEY BUREAU OF SECURITIES ON
MAY 6, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT
OF $22.5 MILLION, INCLUDING $959,794.35 TO THE NEW JERSEY BUREAU OF SECURITIES, WHICH AMOUNT WAS PAID ON MAY 11, 2011.regulatory · block 9PDF pages 490–492
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 27,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JUNE 10, 2011 AND ON JUNE 28, 2011, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $27,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) FROM JULY 1 TO SEPTEMBER 30, 2007, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE (TRACE) THE CORRECT CONTRA-PARTY'S IDENTIFIER FOR 220 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF NASD RULE 6230(C)(6), AND (II) FROM JANUARY 1 TO MARCH 31, 2009, FAILED TO REPORT TO TRACE 1,077 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES WITHIN 15 MINUTES OF THE TIME OF EXECUTION, IN ALLEGED VIOLATION OF FINRA RULE 6730(A) AND ALLEGEDLY CONSTITUTING A PATTERN OR PRACTICE OF LATE REPORTING WITHOUT EXCEPTIONAL CIRCUMSTANCES IN VIOLATION OF FINRA RULE 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $27,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 28, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/10/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20080163749-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
TRACE-ELIGIBLE SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) FROM JULY 1 TO SEPTEMBER
30, 2007, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE (TRACE) THE CORRECT
CONTRA-PARTY'S IDENTIFIER FOR 220 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF NASD RULE 6230(C)(6), AND (II)
FROM JANUARY 1 TO MARCH 31, 2009, FAILED TO REPORT TO TRACE 1,077 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES WITHIN 15 MINUTES OF
THE TIME OF EXECUTION, IN ALLEGED VIOLATION OF FINRA RULE 6730(A) AND ALLEGEDLY CONSTITUTING A PATTERN OR PRACTICE OF LATE
REPORTING WITHOUT EXCEPTIONAL CIRCUMSTANCES IN VIOLATION OF FINRA RULE 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/10/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 27,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $27,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JUNE 28, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER
AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JUNE 10, 2011 AND ON JUNE 28, 2011, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE
FINE IN THE AMOUNT OF $27,500.regulatory · block 10PDF pages 492–494
- Regulator name — filed text
- COMMONWEALTH OF MASSACHUSETTS SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 10,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE LEGAL CONCLUSIONS OR VIOLATIONS, THE FIRM ENTERED INTO AN OFFER OF SETTLEMENT WITH THE MASSACHUSETTS SECURITIES DIVISION ON JUNE 8, 2011 (THE "OFFER") AND A CONSENT ORDER, DATED JUNE 9, 2011 (THE "ORDER"), PURSUANT TO WHICH THE FIRM CONSENTED TO A CIVIL PENALTY IN THE AMOUNT OF $10,000,000 WHICH WAS PAID TO THE COMMONWEALTH OF MASSACHUSETTS, ON JUNE 15, 2011. IN CONNECTION WITH THE ORDER, THE FIRM AGREED TO (I) PERMANENTLY CEASE AND DESIST FROM VIOLATIONS OF THE ACT IN CONNECTION WITH RELATED RESEARCH ACTIVITIES; (II) PERMANENTLY DISCONTINUE THE ASI; (III) PERMANENTLY DISCONTINUE HUDDLES; (IV) WITHIN 90 DAYS OF THE SIGNED ORDER, REVIEW AND ENHANCE, AS APPROPRIATE, ITS WRITTEN SUPERVISORY POLICIES AND PROCEDURES WITH RESPECT TO CERTAIN PRACTICES WITHIN GIR; AND (V) REQUIRE THE DIRECTOR OR THE CO-DIRECTOR OF AMERICAS EQUITY RESEARCH TO CERTIFY TO THE DIVISION IN WRITING, WITHIN 180 DAYS AFTER THE DATE OF ENTRY OF THE ORDER, THAT THE FIRM HAS FULLY ADOPTED AND COMPLIED WITH THE VARIOUS UNDERTAKINGS SET FORTH IN THE CONSENT ORDER.
Other filed details
Description of allegations — filed text
THE COMMONWEALTH OF MASSACHUSETTS SECURITIES DIVISION (THE "DIVISION") ALLEGED THAT, FROM JANUARY 1, 2006 THROUGH JUNE 9, 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) TO ESTABLISH ADEQUATE PROCEDURES AND SUPERVISORY PROCESSES DESIGNED TO IDENTIFY AND MANAGE POTENTIAL CONFLICTS OF INTEREST RELATED TO ITS RESEARCH SERVICES; (II) TO HAVE ADEQUATE PROCEDURES IN PLACE REASONABLY DESIGNED TO PREVENT OR DETECT THE DISSEMINATION BY GLOBAL INVESTMENT RESEARCH ("GIR") EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM TRADING IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; (III) TO REASONABLY SUPERVISE ITS GIR EQUITY ANALYSTS' COMMUNICATIONS TO PREVENT AND DETECT DISSEMINATION BY GIR EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM TRADING IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; (IV) TO PREVENT THE USE AND DISSEMINATION BY GIR EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM TRADING IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; AND (V) TO DEAL FAIRLY AND OBJECTIVELY WITH ALL CLIENTS IN CONNECTION WITH THE DISSEMINATION BY GIR EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM TRADING IDEAS, IN ALLEGED VIOLATION OF SECTION 204(A)(2)(G) AND SECTION 204(A)(2)(J) OF THE MASSACHUSETTS UNIFORM SECURITIES ACT (THE "ACT").
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE LEGAL CONCLUSIONS OR VIOLATIONS, THE FIRM CONSENTED TO A CIVIL PENALTY IN THE AMOUNT OF $10,000,000 WHICH WAS PAID TO THE COMMONWEALTH OF MASSACHUSETTS, BY SUBMISSION OF A WIRE, ON JUNE 15, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMONWEALTH OF MASSACHUSETTS SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; UNDERTAKING.
3.
Date Initiated (MM/DD/YYYY):
06/08/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
E-2009-0079
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE COMMONWEALTH OF MASSACHUSETTS SECURITIES DIVISION (THE "DIVISION") ALLEGED THAT, FROM JANUARY 1, 2006 THROUGH JUNE 9, 2011,
GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) TO ESTABLISH ADEQUATE PROCEDURES AND SUPERVISORY PROCESSES DESIGNED TO IDENTIFY AND
MANAGE POTENTIAL CONFLICTS OF INTEREST RELATED TO ITS RESEARCH SERVICES; (II) TO HAVE ADEQUATE PROCEDURES IN PLACE REASONABLY
DESIGNED TO PREVENT OR DETECT THE DISSEMINATION BY GLOBAL INVESTMENT RESEARCH ("GIR") EQUITY ANALYSTS OF CERTAIN UNPUBLISHED
SHORT TERM TRADING IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; (III) TO REASONABLY SUPERVISE ITS GIR EQUITY
ANALYSTS' COMMUNICATIONS TO PREVENT AND DETECT DISSEMINATION BY GIR EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM TRADING
IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; (IV) TO PREVENT THE USE AND DISSEMINATION BY GIR EQUITY ANALYSTS OF
CERTAIN UNPUBLISHED SHORT TERM TRADING IDEAS WHICH FAVORED THE INTERESTS OF CERTAIN PRIORITY CLIENTS; AND (V) TO DEAL FAIRLY AND
OBJECTIVELY WITH ALL CLIENTS IN CONNECTION WITH THE DISSEMINATION BY GIR EQUITY ANALYSTS OF CERTAIN UNPUBLISHED SHORT TERM
TRADING IDEAS, IN ALLEGED VIOLATION OF SECTION 204(A)(2)(G) AND SECTION 204(A)(2)(J) OF THE MASSACHUSETTS UNIFORM SECURITIES ACT (THE
"ACT").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/09/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
CONSENT ORDER, DATED JUNE 9, 2011 ("ORDER") TO (I) PERMANENTLY CEASE AND DESIST FROM VIOLATIONS OF THE ACT IN CONNECTION
WITH RELATED RESEARCH ACTIVITIES; (II) PERMANENTLY DISCONTINUE THE ASYMMETRIC SERVICE INITIATIVE ("ASI") - A PROACTIVE CLIENT
FACING INITIATIVE DESIGNED IN PART TO DELIVER ENHANCED SERVICES TO CERTAIN CLIENTS; (III) PERMANENTLY DISCONTINUE TRADING
HUDDLES (AS DEFINED IN THE ORDER, "HUDDLES"); (IV) WITHIN 90 DAYS OF THE SIGNED ORDER, REVIEW AND ENHANCE, AS APPROPRIATE, ITS
WRITTEN SUPERVISORY POLICIES AND PROCEDURES WITH RESPECT TO CERTAIN PRACTICES WITHIN GIR; AND (V) REQUIRE THE DIRECTOR OR
THE CO-DIRECTOR OF AMERICAS EQUITY RESEARCH TO CERTIFY TO THE DIVISION IN WRITING, WITHIN 180 DAYS AFTER THE DATE OF ENTRY OF
THE ORDER, THAT THE FIRM HAS FULLY ADOPTED AND COMPLIED WITH THE VARIOUS UNDERTAKINGS SET FORTH IN THE ORDER.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE LEGAL CONCLUSIONS OR VIOLATIONS, THE FIRM CONSENTED TO A CIVIL PENALTY IN THE AMOUNT OF
$10,000,000 WHICH WAS PAID TO THE COMMONWEALTH OF MASSACHUSETTS, BY SUBMISSION OF A WIRE, ON JUNE 15, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE LEGAL CONCLUSIONS OR VIOLATIONS, THE FIRM ENTERED INTO AN OFFER OF SETTLEMENT WITH THE
MASSACHUSETTS SECURITIES DIVISION ON JUNE 8, 2011 (THE "OFFER") AND A CONSENT ORDER, DATED JUNE 9, 2011 (THE "ORDER"), PURSUANT TO
WHICH THE FIRM CONSENTED TO A CIVIL PENALTY IN THE AMOUNT OF $10,000,000 WHICH WAS PAID TO THE COMMONWEALTH OF MASSACHUSETTS,
ON JUNE 15, 2011. IN CONNECTION WITH THE ORDER, THE FIRM AGREED TO (I) PERMANENTLY CEASE AND DESIST FROM VIOLATIONS OF THE ACT IN
CONNECTION WITH RELATED RESEARCH ACTIVITIES; (II) PERMANENTLY DISCONTINUE THE ASI; (III) PERMANENTLY DISCONTINUE HUDDLES; (IV)
WITHIN 90 DAYS OF THE SIGNED ORDER, REVIEW AND ENHANCE, AS APPROPRIATE, ITS WRITTEN SUPERVISORY POLICIES AND PROCEDURES WITH
RESPECT TO CERTAIN PRACTICES WITHIN GIR; AND (V) REQUIRE THE DIRECTOR OR THE CO-DIRECTOR OF AMERICAS EQUITY RESEARCH TO CERTIFY TO
THE DIVISION IN WRITING, WITHIN 180 DAYS AFTER THE DATE OF ENTRY OF THE ORDER, THAT THE FIRM HAS FULLY ADOPTED AND COMPLIED WITH
THE VARIOUS UNDERTAKINGS SET FORTH IN THE CONSENT ORDER.regulatory · block 11PDF pages 494–496
- Regulator name — filed text
- WEST VIRGINIA SECURITIES COMMISSION
- Monetary/Fine Amount — filed text
- $ 47,378.87
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WEST VIRGINIA SECURITIES COMMISSION ON JUNE 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,378.87 TO THE WEST VIRGINIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE WEST VIRGINIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE WEST VIRGINIA SECURITIES COMMISSION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WEST VIRGINIA SECURITIES COMMISSION ON JUNE 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,378.87 TO THE WEST VIRGINIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
WEST VIRGINIA SECURITIES COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/10/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
70-361
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE WEST VIRGINIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION
INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE WEST VIRGINIA SECURITIES COMMISSION ALLEGED THAT
GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE
CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/10/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,378.87
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WEST VIRGINIA
SECURITIES COMMISSION ON JUNE 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,378.87 TO THE WEST VIRGINIA SECURITIES COMMISSION,
WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WEST VIRGINIA
SECURITIES COMMISSION ON JUNE 10, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,378.87 TO THE WEST VIRGINIA SECURITIES COMMISSION, WHICH AMOUNT
WAS PAID ON JUNE 20, 2011.regulatory · block 12GOLDMAN SACHS INTERNATIONALPDF pages 496–498
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE FUTURES EUROPE
- Monetary/Fine Amount — filed text
- $ 40,465.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
AS INDICATED IN A CIRCULAR PUBLISHED BY THE EXCHANGE ON JUNE 17, 2011 (THE "CIRCULAR"), ON JUNE 2, 2011 THE EXCHANGE'S AUTHORISATION, RULES AND CONDUCT COMMITTEE (THE "COMMITTEE") SUMMARILY CONCLUDED: (I) THE BEHAVIOR OF GSI AND ITS CLIENT TO BE A CLEAR CASE OF DISORDERLY TRADING, IN THAT THE DISTORTING PRICE IMPACT OF THE PLACEMENT OF SUCH LARGE ORDERS IN CLOSE PROXIMITY WAS NOT CONSIDERED, AND (II) BOTH GSI AND ITS CLIENT TO BE AT FAULT IN THE MATTER, EMPHASIZING THAT ALL EXCHANGE MEMBERS HAVE A RESPONSIBILITY TO TRADE IN AN ORDERLY FASHION AT ALL TIMES, WHETHER ON THEIR OWN BEHALF OR ON BEHALF OF A CLIENT. GSI DID NOT SEEK TO APPEAL THE COMMITTEE'S FINDINGS AND PAID THE FINE ON JUNE 17, 2011. THE CIRCULAR ALSO SPECIFICALLY STATES THAT WHILE THE COMMITTEE CONSIDERED THE BREACH TO BE OF A SERIOUS NATURE, THE COMMITTEE FOUND NO EVIDENCE OF INTENTIONAL MANIPULATION OF THE MARKET. GSI PROVIDED THE EXCHANGE WITH FULL COOPERATION THROUGHOUT ITS INQUIRIES.
Other filed details
Description of allegations — filed text
ON JANUARY 28, 2011, MONITORING BY ICE FUTURES EUROPE (THE "EXCHANGE") DETECTED SIX NOTABLE "PRICE SPIKES" IN THE APRIL11 BRENT/WTI SPREAD THAT WERE INVESTIGATED BY THE EXCHANGE AND FOUND TO BE THE RESULT OF A LIMIT ORDER AND SEVERAL LARGE MARKET ORDERS PLACED IN QUICK SUCCESSION BY A GOLDMAN SACHS TRADER AT THE REQUEST OF HIS CLIENT, IN ALLEGED BREACH OF EXCHANGE RULE G.20.
Sanction detail — filed text
GOLDMAN SACHS INTERNATIONAL ("GSI") AGREED TO THE IMPOSITION OF A FINE BY THE EXCHANGE OF GB£25,000, WHICH AMOUNT WAS PAID ON JUNE 17, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN GB POUNDS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF GB£1:US$1.6186 AS OF JUNE 17, 2011, THE EQUIVALENT US DOLLAR VALUE ON JUNE 17, 2011 WAS US$40,465, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES EUROPE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/02/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
011191
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JANUARY 28, 2011, MONITORING BY ICE FUTURES EUROPE (THE "EXCHANGE") DETECTED SIX NOTABLE "PRICE SPIKES" IN THE APRIL11 BRENT/WTI
SPREAD THAT WERE INVESTIGATED BY THE EXCHANGE AND FOUND TO BE THE RESULT OF A LIMIT ORDER AND SEVERAL LARGE MARKET ORDERS
PLACED IN QUICK SUCCESSION BY A GOLDMAN SACHS TRADER AT THE REQUEST OF HIS CLIENT, IN ALLEGED BREACH OF EXCHANGE RULE G.20.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/09/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,465.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS INTERNATIONAL ("GSI") AGREED TO THE IMPOSITION OF A FINE BY THE EXCHANGE OF GB£25,000, WHICH AMOUNT WAS PAID
ON JUNE 17, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN GB POUNDS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF
GB£1:US$1.6186 AS OF JUNE 17, 2011, THE EQUIVALENT US DOLLAR VALUE ON JUNE 17, 2011 WAS US$40,465, WHICH AMOUNT IS REFLECTED
IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
AS INDICATED IN A CIRCULAR PUBLISHED BY THE EXCHANGE ON JUNE 17, 2011 (THE "CIRCULAR"), ON JUNE 2, 2011 THE EXCHANGE'S
AUTHORISATION, RULES AND CONDUCT COMMITTEE (THE "COMMITTEE") SUMMARILY CONCLUDED: (I) THE BEHAVIOR OF GSI AND ITS CLIENT TO BE A
CLEAR CASE OF DISORDERLY TRADING, IN THAT THE DISTORTING PRICE IMPACT OF THE PLACEMENT OF SUCH LARGE ORDERS IN CLOSE PROXIMITY
WAS NOT CONSIDERED, AND (II) BOTH GSI AND ITS CLIENT TO BE AT FAULT IN THE MATTER, EMPHASIZING THAT ALL EXCHANGE MEMBERS HAVE A
RESPONSIBILITY TO TRADE IN AN ORDERLY FASHION AT ALL TIMES, WHETHER ON THEIR OWN BEHALF OR ON BEHALF OF A CLIENT. GSI DID NOT SEEK
TO APPEAL THE COMMITTEE'S FINDINGS AND PAID THE FINE ON JUNE 17, 2011. THE CIRCULAR ALSO SPECIFICALLY STATES THAT WHILE THE
COMMITTEE CONSIDERED THE BREACH TO BE OF A SERIOUS NATURE, THE COMMITTEE FOUND NO EVIDENCE OF INTENTIONAL MANIPULATION OF THE
MARKET. GSI PROVIDED THE EXCHANGE WITH FULL COOPERATION THROUGHOUT ITS INQUIRIES.regulatory · block 13PDF pages 498–499
- Regulator name — filed text
- NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION
- Monetary/Fine Amount — filed text
- $ 92,584.57
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ON JUNE 14, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $92,584.57 TO THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ON JUNE 14, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $92,584.57 TO THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/14/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, CONDUCTED AN
INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE NEW HAMPSHIRE
DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL
PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE
MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/14/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 92,584.57
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEW
HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ON JUNE 14, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $92,584.57 TO THE
NEW HAMPSHIRE DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NEW HAMPSHIRE
DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION ON JUNE 14, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $92,584.57 TO THE NEW HAMPSHIRE
DEPARTMENT OF STATE, BUREAU OF SECURITIES REGULATION, WHICH AMOUNT WAS PAID ON JUNE 20, 2011.regulatory · block 14GOLDMAN SACHS BANK (EUROPE) P.L.C.PDF pages 500–502
- Advisory affiliate name — filed text
- GOLDMAN SACHS BANK (EUROPE) P.L.C.
- Regulator name — filed text
- CENTRAL BANK OF IRELAND
- Monetary/Fine Amount — filed text
- $ 219,360.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ON SEPTEMBER 8, 2011, GSBE ENTERED INTO A SETTLEMENT AGREEMENT (THE "SETTLEMENT AGREEMENT") WITH THE CENTRAL BANK IN RELATION TO BREACHES OF THE REGULATIONS, RELATING TO GSBE'S FAILURE, DURING THE PERIOD FROM JULY 16, 2008 TO DECEMBER 17, 2010, TO COMPLY WITH: (I) REGULATION 16(3)(B) OF THE REGULATIONS, IN THAT GSBE'S PROCESSES FAILED TO MANAGE, MONITOR AND REPORT ACCURATELY ITS REGULATORY COUNTERPARTY RISK CAPITAL REQUIREMENT, AND (II) REGULATION 16(3)(C) OF THE REGULATIONS, IN THAT GSBE'S INTERNAL CONTROL MECHANISM FAILED TO IDENTIFY THAT ITS REGULATORY COUNTERPARTY RISK CAPITAL REQUIREMENT WAS INCORRECTLY CALCULATED. GSBE AGREED TO A REPRIMAND AND TO THE PAYMENT OF A MONETARY PENALTY TO THE CENTRAL BANK IN THE AMOUNT OF 160,000.00 EUROS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 14, 2011. THE SETTLEMENT AGREEMENT SPECIFICALLY STATES THAT THE ERROR AT ISSUE DID NOT RESULT IN ANY BREACH OF THE CAPITAL ADEQUACY RATIOS AND NO COUNTERPARTIES WERE IMPACTED AND THAT, IN DECIDING THE APPROPRIATE PENALTY TO IMPOSE, THE CENTRAL BANK TOOK INTO ACCOUNT: (I) THE REGULATORY CAPITAL MAINTAINED BY GSBE BETWEEN JULY 16, 2008 TO DECEMBER 17, 2010 WAS AT ALL TIMES IN EXCESS OF ITS CAPITAL REQUIREMENTS, (II) GSBE SELF REPORTED THE ISSUE TO THE CENTRAL BANK AND HAS TAKEN APPROPRIATE REMEDIAL STEPS TO RECTIFY THE BREACHES AND (III) THE COOPERATION OF GSBE DURING THE INVESTIGATION AND IN SETTLING AT AN EARLY STAGE IN THE ADMINISTRATIVE SANCTIONS PROCEDURE. THE CENTRAL BANK CONFIRMS THAT THE MATTER IS CLOSED.
Other filed details
Description of allegations — filed text
ON APRIL 11, 2011, THE CENTRAL BANK OF IRELAND (THE "CENTRAL BANK") PROVIDED GOLDMAN SACHS BANK (EUROPE) P.L.C. ("GSBE") A NOTICE OF COMMENCEMENT OF EXAMINATION (THE "NOTICE"), PURSUANT TO PART IIIC OF THE IRISH CENTRAL BANK ACT OF 1942 (THE "ACT"), IN CONNECTION WITH CENTRAL BANK CONCERNS THAT GSBE MAY HAVE COMMITTED CERTAIN PRESCRIBED CONTRAVENTIONS FOR THE PURPOSE OF SECTION 33AO(1) OF THE ACT. THE PRESCRIBED CONTRAVENTIONS CITED BY THE CENTRAL BANK ARE THAT FROM IN OR AROUND DECEMBER 2008 TO OCTOBER 2010, GSBE FAILED: (I) TO HAVE OR TO IMPLEMENT, ANY, OR ANY EFFECTIVE, PROCESSES TO IDENTIFY, MANAGE, MONITOR OR REPORT THE COUNTERPARTY RISKS IT WAS OR MIGHT HAVE BEEN EXPOSED TO, IN ALLEGED CONTRAVENTION OF REGULATION 16(3)(B) OF THE EUROPEAN COMMUNITIES (LICENSING AND SUPERVISION OF CREDIT INSTITUTIONS) REGULATIONS 1992 (THE "REGULATIONS"), AND (II) TO HAVE OR MAINTAIN ANY OR ADEQUATE INTERNAL CONTROL MECHANISM TO IDENTIFY THAT THE CAPITAL ADEQUACY TRACKING SYSTEM-COUNTERPARTY RISK REQUIREMENT APPLICATION WAS INCORRECTLY CALCULATING THE REGULATORY CAPITAL REQUIREMENTS, IN ALLEGED CONTRAVENTION OF REGULATION 16(3)(C) OF THE REGULATIONS.
Sanction detail — filed text
GSBE AGREED TO THE PAYMENT OF A MONETARY PENALTY TO THE CENTRAL BANK IN THE AMOUNT OF 160,000.00 EUROS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 14, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN EUROS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF 1EURO:US$1.3710 AS OF SEPTEMBER 14, 2011, THE EQUIVALENT US DOLLAR VALUE ON SEPTEMBER 14, 2011 WAS US$219,360.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS BANK
(EUROPE) P.L.C.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CENTRAL BANK OF IRELAND
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
REPRIMAND
3.
Date Initiated (MM/DD/YYYY):
04/11/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
ASP/GSBE/BSD
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 11, 2011, THE CENTRAL BANK OF IRELAND (THE "CENTRAL BANK") PROVIDED GOLDMAN SACHS BANK (EUROPE) P.L.C. ("GSBE") A NOTICE OF
COMMENCEMENT OF EXAMINATION (THE "NOTICE"), PURSUANT TO PART IIIC OF THE IRISH CENTRAL BANK ACT OF 1942 (THE "ACT"), IN CONNECTION
WITH CENTRAL BANK CONCERNS THAT GSBE MAY HAVE COMMITTED CERTAIN PRESCRIBED CONTRAVENTIONS FOR THE PURPOSE OF SECTION 33AO(1)
OF THE ACT. THE PRESCRIBED CONTRAVENTIONS CITED BY THE CENTRAL BANK ARE THAT FROM IN OR AROUND DECEMBER 2008 TO OCTOBER 2010,
GSBE FAILED: (I) TO HAVE OR TO IMPLEMENT, ANY, OR ANY EFFECTIVE, PROCESSES TO IDENTIFY, MANAGE, MONITOR OR REPORT THE COUNTERPARTY
RISKS IT WAS OR MIGHT HAVE BEEN EXPOSED TO, IN ALLEGED CONTRAVENTION OF REGULATION 16(3)(B) OF THE EUROPEAN COMMUNITIES
(LICENSING AND SUPERVISION OF CREDIT INSTITUTIONS) REGULATIONS 1992 (THE "REGULATIONS"), AND (II) TO HAVE OR MAINTAIN ANY OR
ADEQUATE INTERNAL CONTROL MECHANISM TO IDENTIFY THAT THE CAPITAL ADEQUACY TRACKING SYSTEM-COUNTERPARTY RISK REQUIREMENT
APPLICATION WAS INCORRECTLY CALCULATING THE REGULATORY CAPITAL REQUIREMENTS, IN ALLEGED CONTRAVENTION OF REGULATION 16(3)(C) OF
THE REGULATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
09/08/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 219,360.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSBE AGREED TO THE PAYMENT OF A MONETARY PENALTY TO THE CENTRAL BANK IN THE AMOUNT OF 160,000.00 EUROS, WHICH AMOUNT WAS
PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 14, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN EUROS, USING THE FEDERAL RESERVE
FOREIGN EXCHANGE RATE OF 1EURO:US$1.3710 AS OF SEPTEMBER 14, 2011, THE EQUIVALENT US DOLLAR VALUE ON SEPTEMBER 14, 2011 WAS
US$219,360.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON SEPTEMBER 8, 2011, GSBE ENTERED INTO A SETTLEMENT AGREEMENT (THE "SETTLEMENT AGREEMENT") WITH THE CENTRAL BANK IN RELATION TO
BREACHES OF THE REGULATIONS, RELATING TO GSBE'S FAILURE, DURING THE PERIOD FROM JULY 16, 2008 TO DECEMBER 17, 2010, TO COMPLY WITH:
(I) REGULATION 16(3)(B) OF THE REGULATIONS, IN THAT GSBE'S PROCESSES FAILED TO MANAGE, MONITOR AND REPORT ACCURATELY ITS REGULATORY
COUNTERPARTY RISK CAPITAL REQUIREMENT, AND (II) REGULATION 16(3)(C) OF THE REGULATIONS, IN THAT GSBE'S INTERNAL CONTROL MECHANISM
FAILED TO IDENTIFY THAT ITS REGULATORY COUNTERPARTY RISK CAPITAL REQUIREMENT WAS INCORRECTLY CALCULATED. GSBE AGREED TO A
REPRIMAND AND TO THE PAYMENT OF A MONETARY PENALTY TO THE CENTRAL BANK IN THE AMOUNT OF 160,000.00 EUROS, WHICH AMOUNT WAS PAID
BY SUBMISSION OF A WIRE ON SEPTEMBER 14, 2011. THE SETTLEMENT AGREEMENT SPECIFICALLY STATES THAT THE ERROR AT ISSUE DID NOT RESULT
IN ANY BREACH OF THE CAPITAL ADEQUACY RATIOS AND NO COUNTERPARTIES WERE IMPACTED AND THAT, IN DECIDING THE APPROPRIATE PENALTY
TO IMPOSE, THE CENTRAL BANK TOOK INTO ACCOUNT: (I) THE REGULATORY CAPITAL MAINTAINED BY GSBE BETWEEN JULY 16, 2008 TO DECEMBER 17,
2010 WAS AT ALL TIMES IN EXCESS OF ITS CAPITAL REQUIREMENTS, (II) GSBE SELF REPORTED THE ISSUE TO THE CENTRAL BANK AND HAS TAKEN
APPROPRIATE REMEDIAL STEPS TO RECTIFY THE BREACHES AND (III) THE COOPERATION OF GSBE DURING THE INVESTIGATION AND IN SETTLING AT AN
EARLY STAGE IN THE ADMINISTRATIVE SANCTIONS PROCEDURE. THE CENTRAL BANK CONFIRMS THAT THE MATTER IS CLOSED.regulatory · block 15PDF pages 502–503
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 5, 2011 AND ON APRIL 20, 2011, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $5,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT ON JULY 29, 2010, GOLDMAN, SACHS & CO. (THE "FIRM") EFFECTED, DIRECTLY OR INDIRECTLY, ONE TRANSACTION IN A SECURITY WHILE A TRADING PAUSE WAS IN EFFECT, IN ALLEGED VIOLATION OF FINRA RULE 5260.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 20, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/05/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20100237082-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITY
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT ON JULY 29, 2010, GOLDMAN,
SACHS & CO. (THE "FIRM") EFFECTED, DIRECTLY OR INDIRECTLY, ONE TRANSACTION IN A SECURITY WHILE A TRADING PAUSE WAS IN EFFECT, IN
ALLEGED VIOLATION OF FINRA RULE 5260.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/05/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON APRIL 20, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND
CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 5, 2011 AND ON APRIL 20, 2011, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE
IN THE AMOUNT OF $5,000.regulatory · block 16PDF pages 503–505
- Regulator name — filed text
- WISCONSIN DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 95,100.40
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WISCONSIN DIVISION OF SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $95,100.40 TO THE WISCONSIN DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE WISCONSIN DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE WISCONSIN DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WISCONSIN DIVISION OF SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $95,100.40 TO THE WISCONSIN DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
WISCONSIN DIVISION OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/18/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
S-215589 (EX)
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE WISCONSIN DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE WISCONSIN DIVISION OF SECURITIES ALLEGED THAT GOLDMAN,
SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF
ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/18/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 95,100.40
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WISCONSIN
DIVISION OF SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $95,100.40 TO THE WISCONSIN DIVISION OF SECURITIES, WHICH
AMOUNT WAS PAID ON JANUARY 26, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE WISCONSIN DIVISION
OF SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $95,100.40 TO THE WISCONSIN DIVISION OF SECURITIES, WHICH AMOUNT WAS
PAID ON JANUARY 26, 2011.regulatory · block 17PDF pages 505–507
- Regulator name — filed text
- VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING
- Monetary/Fine Amount — filed text
- $ 333,137.12
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ON JANUARY 21, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $333,137.12 TO THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING, WHICH AMOUNT WAS PAID ON JANUARY 31, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ON JANUARY 21, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $333,137.12 TO THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING, WHICH AMOUNT WAS PAID ON JANUARY 31, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/21/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SEC-2010-00056
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE VIRGINIA STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE VIRGINIA STATE
CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN
UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH
THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/21/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 333,137.12
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE VIRGINIA STATE CORPORATION
COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ON JANUARY 21, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT
WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $333,137.12 TO THE VIRGINIA
STATE CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING, WHICH AMOUNT WAS PAID ON JANUARY 31, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE VIRGINIA STATE CORPORATION
COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING ON JANUARY 21, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $333,137.12 TO THE VIRGINIA STATE
CORPORATION COMMISSION, DIVISION OF SECURITIES & RETAIL FRANCHISING, WHICH AMOUNT WAS PAID ON JANUARY 31, 2011.regulatory · block 18PDF pages 507–509
- Regulator name — filed text
- NEBRASKA DEPARTMENT OF BANKING & FINANCE
- Monetary/Fine Amount — filed text
- $ 51,307.60
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEBRASKA DEPARTMENT OF BANKING & FINANCE ON JANUARY 11, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,307.60 TO THE NEBRASKA DEPARTMENT OF BANKING & FINANCE, WHICH AMOUNT WAS PAID ON JANUARY 21, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEBRASKA DEPARTMENT OF BANKING & FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEBRASKA DEPARTMENT OF BANKING & FINANCE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEBRASKA DEPARTMENT OF BANKING & FINANCE ON JANUARY 11, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,307.60 TO THE NEBRASKA DEPARTMENT OF BANKING & FINANCE, WHICH AMOUNT WAS PAID ON JANUARY 21, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEBRASKA DEPARTMENT OF BANKING & FINANCE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/11/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NEBRASKA DEPARTMENT OF BANKING & FINANCE, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEBRASKA DEPARTMENT OF BANKING & FINANCE ALLEGED
THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO
SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/11/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 51,307.60
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEBRASKA DEPARTMENT OF
BANKING & FINANCE ON JANUARY 11, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,307.60 TO THE NEBRASKA DEPARTMENT OF BANKING & FINANCE,
WHICH AMOUNT WAS PAID ON JANUARY 21, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEBRASKA DEPARTMENT OF BANKING &
FINANCE ON JANUARY 11, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $51,307.60 TO THE NEBRASKA DEPARTMENT OF BANKING & FINANCE, WHICH AMOUNT WAS
PAID ON JANUARY 21, 2011.regulatory · block 19PDF pages 509–511
- Regulator name — filed text
- MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION
- Monetary/Fine Amount — filed text
- $ 91,099.58
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION ON JANUARY 14, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $91,099.58 TO THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION ON JANUARY 14, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $91,099.58 TO THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/14/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION, CONDUCTED AN INDUSTRY-WIDE,
JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE MICHIGAN OFFICE OF FINANCIAL AND
INSURANCE REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS
AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/14/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 91,099.58
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MICHIGAN
OFFICE OF FINANCIAL AND INSURANCE REGULATION ON JANUARY 14, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $91,099.58 TO THE MICHIGAN OFFICE
OF FINANCIAL AND INSURANCE REGULATION, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE MICHIGAN OFFICE OF
FINANCIAL AND INSURANCE REGULATION ON JANUARY 14, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $91,099.58 TO THE MICHIGAN OFFICE OF FINANCIAL AND
INSURANCE REGULATION, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.regulatory · block 20PDF pages 511–513
- Regulator name — filed text
- COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 508,021.39
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES ON JANUARY 12, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $508,021.39 TO THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES ON JANUARY 12, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $508,021.39 TO THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
y
p
g
y
g
pp
p
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/12/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
11-6-13
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE COLORADO DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, CONDUCTED AN
INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE COLORADO DEPARTMENT OF
REGULATORY AGENCIES, DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE
OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF
ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/12/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 508,021.39
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COLORADO DEPARTMENT OF
REGULATORY AGENCIES, DIVISION OF SECURITIES ON JANUARY 12, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $508,021.39 TO THE COLORADO
DEPARTMENT OF REGULATORY AGENCIES, DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COLORADO DEPARTMENT OF
REGULATORY AGENCIES, DIVISION OF SECURITIES ON JANUARY 12, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $508,021.39 TO THE COLORADO DEPARTMENT OF
REGULATORY AGENCIES, DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.regulatory · block 21PDF pages 513–515
- Regulator name — filed text
- STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES
- Monetary/Fine Amount — filed text
- $ 46,009.22
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $46,009.22 TO THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $46,009.22 TO THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
01/18/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-14-S
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE STATE OF ALASKA, DIVISION OF BANKING AND SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT
INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE STATE OF ALASKA, DIVISION OF BANKING
AND SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND
FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/18/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 46,009.22
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE STATE OF
ALASKA, DIVISION OF BANKING AND SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE
REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $46,009.22 TO THE STATE OF ALASKA,
DIVISION OF BANKING AND SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE STATE OF ALASKA,
DIVISION OF BANKING AND SECURITIES ON JANUARY 18, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $46,009.22 TO THE STATE OF ALASKA, DIVISION OF BANKING AND
SECURITIES, WHICH AMOUNT WAS PAID ON JANUARY 26, 2011.regulatory · block 22PDF pages 515–517
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY ISE ON MAY 20, 2010 AND ON JUNE 4, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500.
Other filed details
Description of allegations — filed text
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE PERIOD FROM MAY 2009 THROUGH AUGUST 2009, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT LARGE OPTION POSITION REPORTS WITH REGARD TO CERTAIN ACCOUNTS THAT MET THE REPORTING REQUIREMENT THRESHOLD IN ALLEGED VIOLATION OF ISE RULE 415.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 4, 2010.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INTERNATIONAL SECURITIES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/20/2010
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2009-167
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT, DURING THE PERIOD FROM MAY 2009 THROUGH AUGUST 2009, GOLDMAN,
SACHS & CO. (THE "FIRM") FAILED TO REPORT LARGE OPTION POSITION REPORTS WITH REGARD TO CERTAIN ACCOUNTS THAT MET THE REPORTING
REQUIREMENT THRESHOLD IN ALLEGED VIOLATION OF ISE RULE 415.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/20/2010
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JUNE 4, 2010.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH
WAS ACCEPTED BY ISE ON MAY 20, 2010 AND ON JUNE 4, 2010, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500.regulatory · block 23GOLDMAN SACHS INTERNATIONALPDF pages 517–519
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- BOURSE DE MONTRÉAL INC.
- Monetary/Fine Amount — filed text
- $ 50,837.61
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
BY WAY OF AN OFFER OF SETTLEMENT APPROVED ON AUGUST 30, 2011 BY THE SPECIAL COMMITTEE - REGULATORY DIVISION OF THE BOURSE, GSI AGREED TO PAY A FINE IN THE AMOUNT OF CAD$50,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$2,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 22, 2011. AS INDICATED IN A CIRCULAR PUBLISHED BY THE BOURSE ON SEPTEMBER 7, 2011: (I) GSI DID NOT HAVE ANY PRIOR DISCIPLINARY RECORD WITH THE BOURSE, AND PROVIDED THE BOURSE WITH FULL COOPERATION THROUGHOUT ITS INQUIRIES AND (II) GSI'S ACTIONS DID NOT RESULT IN ANY HARM OR FINANCIAL LOSS TO CUSTOMERS OR TO OTHER APPROVED PARTICIPANTS, NOR DID IT GIVE RISE TO A FINANCIAL GAIN TO GSI OR ITS EMPLOYEES.
Other filed details
Description of allegations — filed text
IN AN ORIGINATING NOTICE TO GOLDMAN SACHS INTERNATIONAL ("GSI") DATED JUNE 28, 2011, AND RECEIVED BY GSI ON JULY 1, 2011, THE BOURSE DE MONTRÉAL INC. (THE "BOURSE") ALLEGED THAT, DURING THE PERIOD FROM MAY 27, 2008 TO NOVEMBER 2, 2010, GSI PROVIDED CERTAIN PERSONNEL ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE WITHOUT HAVING OBTAINED THE PRIOR APPROVAL OF THE BOURSE, IN ALLEGED CONTRAVENTION OF SECTION A) OF ARTICLE 6366 OF THE RULES OF THE BOURSE.
Sanction detail — filed text
GSI AGREED TO PAY A FINE IN THE AMOUNT OF CAD$50,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$2,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 22, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN CANADIAN DOLLARS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CAD$1.0327:USD$1 AS OF SEPTEMBER 22, 2011, THE EQUIVALENT US DOLLAR VALUE ON SEPTEMBER 22, 2011 WAS USD$50,837.61, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
p
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOURSE DE MONTRÉAL INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/28/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN AN ORIGINATING NOTICE TO GOLDMAN SACHS INTERNATIONAL ("GSI") DATED JUNE 28, 2011, AND RECEIVED BY GSI ON JULY 1, 2011, THE BOURSE
DE MONTRÉAL INC. (THE "BOURSE") ALLEGED THAT, DURING THE PERIOD FROM MAY 27, 2008 TO NOVEMBER 2, 2010, GSI PROVIDED CERTAIN
PERSONNEL ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE WITHOUT HAVING OBTAINED THE PRIOR APPROVAL OF THE BOURSE, IN
ALLEGED CONTRAVENTION OF SECTION A) OF ARTICLE 6366 OF THE RULES OF THE BOURSE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/30/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,837.61
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSI AGREED TO PAY A FINE IN THE AMOUNT OF CAD$50,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$2,500 FOR COSTS, WHICH AMOUNT
WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 22, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN CANADIAN DOLLARS, USING THE
FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CAD$1.0327:USD$1 AS OF SEPTEMBER 22, 2011, THE EQUIVALENT US DOLLAR VALUE ON
SEPTEMBER 22, 2011 WAS USD$50,837.61, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
BY WAY OF AN OFFER OF SETTLEMENT APPROVED ON AUGUST 30, 2011 BY THE SPECIAL COMMITTEE - REGULATORY DIVISION OF THE BOURSE, GSI
AGREED TO PAY A FINE IN THE AMOUNT OF CAD$50,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$2,500 FOR COSTS, WHICH AMOUNT WAS PAID
BY SUBMISSION OF A WIRE ON SEPTEMBER 22, 2011. AS INDICATED IN A CIRCULAR PUBLISHED BY THE BOURSE ON SEPTEMBER 7, 2011: (I) GSI DID
NOT HAVE ANY PRIOR DISCIPLINARY RECORD WITH THE BOURSE, AND PROVIDED THE BOURSE WITH FULL COOPERATION THROUGHOUT ITS INQUIRIES
AND (II) GSI'S ACTIONS DID NOT RESULT IN ANY HARM OR FINANCIAL LOSS TO CUSTOMERS OR TO OTHER APPROVED PARTICIPANTS, NOR DID IT GIVE
RISE TO A FINANCIAL GAIN TO GSI OR ITS EMPLOYEES.regulatory · block 24GS EQUITY MARKETS, L.P.PDF pages 519–520
- Advisory affiliate name — filed text
- GS EQUITY MARKETS, L.P.
- Regulator name — filed text
- FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
- Monetary/Fine Amount — filed text
- $ 13,274.60
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
BAFIN IMPOSED A MONETARY PENALTY ON GSEM OF 9,453.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 9,000 EUROS AND PROCEDURAL EXPENSES OF 453.50 EUROS, WHICH AMOUNT WAS PAID ON JULY 18, 2011.
Other filed details
Description of allegations — filed text
THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") ALLEGED A NEGLIGENT BREACH OF SUPERVISORY DUTIES IN CONTRAVENTION OF CERTAIN SHAREHOLDER DISCLOSURE REQUIREMENTS OF SECTION 21 (1) OF THE SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZES - WPHG) AGAINST GS EQUITY MARKETS, L.P. ("GSEM").
Sanction detail — filed text
BAFIN IMPOSED A MONETARY PENALTY ON GSEM OF 9,453.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 9,000 EUROS AND PROCEDURAL EXPENSES OF 453.50 EUROS, WHICH AMOUNT WAS PAID ON JULY 18, 2011. WHILE THE ACTUAL PAYMENT WAS MADE IN EUROS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF 1EURO:US$1.4042 AS OF JULY 18, 2011, THE EQUIVALENT US DOLLAR VALUE ON JULY 18, 2011 WAS US$13,274.60, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GS EQUITY MARKETS, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/29/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
GZ: WA 17-WP 3120-2009/0236 2011/0363267
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") ALLEGED A
NEGLIGENT BREACH OF SUPERVISORY DUTIES IN CONTRAVENTION OF CERTAIN SHAREHOLDER DISCLOSURE REQUIREMENTS OF SECTION 21 (1) OF
THE SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZES - WPHG) AGAINST GS EQUITY MARKETS, L.P. ("GSEM").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
07/18/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 13,274.60
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
BAFIN IMPOSED A MONETARY PENALTY ON GSEM OF 9,453.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 9,000
EUROS AND PROCEDURAL EXPENSES OF 453.50 EUROS, WHICH AMOUNT WAS PAID ON JULY 18, 2011. WHILE THE ACTUAL PAYMENT WAS MADE
IN EUROS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF 1EURO:US$1.4042 AS OF JULY 18, 2011, THE EQUIVALENT US DOLLAR
VALUE ON JULY 18, 2011 WAS US$13,274.60, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
BAFIN IMPOSED A MONETARY PENALTY ON GSEM OF 9,453.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 9,000 EUROS
AND PROCEDURAL EXPENSES OF 453.50 EUROS, WHICH AMOUNT WAS PAID ON JULY 18, 2011.regulatory · block 25GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 521–522
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 26SPEAR, LEEDS & KELLOGG, L.P.PDF pages 522–524
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 27SPEAR, LEEDS & KELLOGG, L.P.PDF pages 524–526
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. y ( ) g This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 28SPEAR, LEEDS & KELLOGG, L.P.PDF pages 526–527
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 29FIRST OPTIONS OF CHICAGO, INC.PDF pages 527–529
- Advisory affiliate name — filed text
- FIRST OPTIONS OF CHICAGO, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 13822 This advisory affiliate is a Firm an Individual Registered: Yes No Name: FIRST OPTIONS OF CHICAGO, INC. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 30GOLDMAN SACHS AUSTRALIA PTY LTD (F/K/A GOLDMAN SACHS & PARTNERS AUSTRALIA PTY LTD)PDF pages 529–531
- Advisory affiliate name — filed text
- GOLDMAN SACHS AUSTRALIA PTY LTD (F/K/A GOLDMAN SACHS & PARTNERS AUSTRALIA PTY LTD)
- Regulator name — filed text
- AUSTRALIAN SECURITIES EXCHANGE
- Monetary/Fine Amount — filed text
- $ 49,520.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE ALLEGED CONTRAVENTIONS WERE REFERRED TO THE TRIBUNAL FOR DETERMINATION. ON DECEMBER 14, 2011, THE TRIBUNAL DETERMINED THAT GS AUSTRALIA CONTRAVENED ASX MARKET RULES 7.11.1 AND 7.11.10 DURING THE RELEVANT CONTRAVENTION PERIOD IN THE MANNER ALLEGED IN THE NOTICE, AND IMPOSED OF A FINE OF AU$50,000, PLUS TAX. IN DETERMINING THE PENALTY, THE TRIBUNAL TOOK INTO ACCOUNT THAT: (I) GS AUSTRALIA HAS PREVIOUS DISCIPLINARY HISTORY, NOT WITHSTANDING THAT GS AUSTRALIA HAS NO DISCIPLINARY HISTORY REGARDING THE MATTERS RELEVANT TO THE MISCONDUCT; (II) THE RELEVANT CONDUCT HAD THE POTENTIAL TO DAMAGE THE REPUTATION AND INTEGRITY OF THE ASX AND THE MARKET AND FACILITIES IT OPERATES; (III) THE MISCONDUCT WAS SELF-REPORTED IN A TIMELY AND COMPREHENSIVE MANNER; (IV) GS AUSTRALIA FULLY CO-OPERATED WITH ASX IN RELATION TO THE CONDUCT OF ITS INVESTIGATION INTO THE CONTRAVENTIONS; (V) GS AUSTRALIA AGREED AT THE EARLIEST OPPORTUNITY NOT TO CONTEST THE CONTRAVENTIONS; (VI) THE MISCONDUCT WAS UNINTENTIONAL AND IN A NUMBER OF CASES THE CONDUCT WAS THE RESPONSIBILITY OF AN UNRELATED THIRD PARTY; (VII) AT NO STAGE WAS ANY MARKET TRANSACTION NOT ENABLED BECAUSE OF THE MISCONDUCT; (VIII) THERE WAS NO COMMERCIAL ADVANTAGE OR FINANCIAL BENEFIT OBTAINED BECAUSE OF THE MISCONDUCT; (IX) THERE WERE NO LOSSES SUFFERED BY CLIENTS, OR COMPENSATION CLAIMS OR COMPLAINTS MADE BY CLIENTS IN RELATION TO THE CONTRAVENTIONS AND (X) GS AUSTRALIA PROMPTLY IMPLEMENTED REMEDIAL MEASURES TO SEEK TO PREVENT ANY RECURRENCE OF THE CONTRAVENING CONDUCT.
Other filed details
Description of allegations — filed text
IN A CONTRAVENTION NOTICE DATED AUGUST 12, 2011 (THE "NOTICE"), THE AUSTRALIAN SECURITIES EXCHANGE ("ASX") ALLEGED THAT, DURING THE PERIOD FROM NOVEMBER 4, 2009 TO AUGUST 6, 2010 (THE "RELEVANT CONTRAVENTION PERIOD"), (I) GOLDMAN SACHS AUSTRALIA PTY LTD ("GS AUSTRALIA", FORMERLY KNOWN AS GOLDMAN SACHS & PARTNERS AUSTRALIA PTY LTD) CONTRAVENED ASX MARKET RULE 7.11.1 BY FAILING TO COMPLY WITH THE RELEVANT PROVISIONS OF THE AUSTRALIAN CORPORATIONS ACT (AND ITS ACCOMPANYING REGULATIONS) GOVERNING THE KEEPING AND TREATMENT OF MONEY PAID, OR PROPERTY GIVEN, TO GS AUSTRALIA IN CONNECTION WITH SERVICES PROVIDED TO, OR PRODUCTS HELD BY, CLIENTS OF GS AUSTRALIA, AND (II) GS AUSTRALIA CONTRAVENED ASX MARKET RULE 7.11.10 BY FAILING TO PERFORM A RECONCILIATION IN RELATION TO THE RELEVANT TRUST ACCOUNT IN THE TIME, FORM AND MANNER REQUIRED BY THE ASX.
Sanction detail — filed text
ON DECEMBER 14, 2011, THE ASX DISCIPLINARY TRIBUNAL (THE "TRIBUNAL") IMPOSED OF A FINE OF AU$50,000, PLUS TAX, WHICH AMOUNT WILL BE PAID UPON RECEIPT OF AN INVOICE FROM ASX. WHILE THE ACTUAL PAYMENT WILL BE MADE IN AUSTRALIAN DOLLARS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF AU$1:US$0.9904 AS OF DECEMBER 14, 2011, THE EQUIVALENT US DOLLAR VALUE ON DECEMBER 14, 2011 WAS US$49,520.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS AUSTRALIA
PTY LTD (F/K/A GOLDMAN
SACHS & PARTNERS AUSTRALIA
PTY LTD)
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AUSTRALIAN SECURITIES EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/12/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
E2010029
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A CONTRAVENTION NOTICE DATED AUGUST 12, 2011 (THE "NOTICE"), THE AUSTRALIAN SECURITIES EXCHANGE ("ASX") ALLEGED THAT, DURING THE
PERIOD FROM NOVEMBER 4, 2009 TO AUGUST 6, 2010 (THE "RELEVANT CONTRAVENTION PERIOD"), (I) GOLDMAN SACHS AUSTRALIA PTY LTD ("GS
AUSTRALIA", FORMERLY KNOWN AS GOLDMAN SACHS & PARTNERS AUSTRALIA PTY LTD) CONTRAVENED ASX MARKET RULE 7.11.1 BY FAILING TO
COMPLY WITH THE RELEVANT PROVISIONS OF THE AUSTRALIAN CORPORATIONS ACT (AND ITS ACCOMPANYING REGULATIONS) GOVERNING THE
KEEPING AND TREATMENT OF MONEY PAID, OR PROPERTY GIVEN, TO GS AUSTRALIA IN CONNECTION WITH SERVICES PROVIDED TO, OR PRODUCTS
HELD BY, CLIENTS OF GS AUSTRALIA, AND (II) GS AUSTRALIA CONTRAVENED ASX MARKET RULE 7.11.10 BY FAILING TO PERFORM A RECONCILIATION IN
RELATION TO THE RELEVANT TRUST ACCOUNT IN THE TIME, FORM AND MANNER REQUIRED BY THE ASX.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/14/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 49,520.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON DECEMBER 14, 2011, THE ASX DISCIPLINARY TRIBUNAL (THE "TRIBUNAL") IMPOSED OF A FINE OF AU$50,000, PLUS TAX, WHICH AMOUNT
WILL BE PAID UPON RECEIPT OF AN INVOICE FROM ASX. WHILE THE ACTUAL PAYMENT WILL BE MADE IN AUSTRALIAN DOLLARS, USING THE
FEDERAL RESERVE FOREIGN EXCHANGE RATE OF AU$1:US$0.9904 AS OF DECEMBER 14, 2011, THE EQUIVALENT US DOLLAR VALUE ON
DECEMBER 14, 2011 WAS US$49,520.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE ALLEGED CONTRAVENTIONS WERE REFERRED TO THE TRIBUNAL FOR DETERMINATION. ON DECEMBER 14, 2011, THE TRIBUNAL DETERMINED THAT
GS AUSTRALIA CONTRAVENED ASX MARKET RULES 7.11.1 AND 7.11.10 DURING THE RELEVANT CONTRAVENTION PERIOD IN THE MANNER ALLEGED IN
THE NOTICE, AND IMPOSED OF A FINE OF AU$50,000, PLUS TAX. IN DETERMINING THE PENALTY, THE TRIBUNAL TOOK INTO ACCOUNT THAT: (I) GS
AUSTRALIA HAS PREVIOUS DISCIPLINARY HISTORY, NOT WITHSTANDING THAT GS AUSTRALIA HAS NO DISCIPLINARY HISTORY REGARDING THE MATTERS
RELEVANT TO THE MISCONDUCT; (II) THE RELEVANT CONDUCT HAD THE POTENTIAL TO DAMAGE THE REPUTATION AND INTEGRITY OF THE ASX AND THE
MARKET AND FACILITIES IT OPERATES; (III) THE MISCONDUCT WAS SELF-REPORTED IN A TIMELY AND COMPREHENSIVE MANNER; (IV) GS AUSTRALIA
FULLY CO-OPERATED WITH ASX IN RELATION TO THE CONDUCT OF ITS INVESTIGATION INTO THE CONTRAVENTIONS; (V) GS AUSTRALIA AGREED AT THE
EARLIEST OPPORTUNITY NOT TO CONTEST THE CONTRAVENTIONS; (VI) THE MISCONDUCT WAS UNINTENTIONAL AND IN A NUMBER OF CASES THE
CONDUCT WAS THE RESPONSIBILITY OF AN UNRELATED THIRD PARTY; (VII) AT NO STAGE WAS ANY MARKET TRANSACTION NOT ENABLED BECAUSE OF
THE MISCONDUCT; (VIII) THERE WAS NO COMMERCIAL ADVANTAGE OR FINANCIAL BENEFIT OBTAINED BECAUSE OF THE MISCONDUCT; (IX) THERE
WERE NO LOSSES SUFFERED BY CLIENTS, OR COMPENSATION CLAIMS OR COMPLAINTS MADE BY CLIENTS IN RELATION TO THE CONTRAVENTIONS AND
(X) GS AUSTRALIA PROMPTLY IMPLEMENTED REMEDIAL MEASURES TO SEEK TO PREVENT ANY RECURRENCE OF THE CONTRAVENING CONDUCT.regulatory · block 31PDF pages 531–533
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE AMENDED CONSENT, WHICH PROVIDES FOR THE TERMINATION OF THE INDEPENDENT FORECLOSURE REVIEW UNDER THE CONSENT AND CALLS FOR GS GROUP AND GS BANK, IN COORDINATION WITH THE 12 OTHER FINANCIAL INSTITUTIONS WITH MORTGAGE LOAN SERVICING OPERATIONS THAT HAVE ALSO AGREED TO AMEND THEIR RESPECTIVE ORDERS, TO ENSURE THAT THE FUND IS ESTABLISHED, FROM WHICH PAYMENTS WILL BE MADE PURSUANT TO A DISTRIBUTION PLAN DEVELOPED BY THE REGULATORS. THE AMENDED CONSENT PROVIDES FOR GS GROUP AND GS BANK TO: (I) MAKE A CASH PAYMENT THAT COLLECTIVELY TOTALS $135 MILLION INTO THE FUND FOR DISTRIBUTION BY THE REGULATORS IN THEIR DISCRETION TO CERTAIN ELIGIBLE BORROWERS WHOSE RESIDENTIAL MORTGAGE LOAN ON THEIR PRIMARY RESIDENCE WAS SERVICED BY GS BANK, THROUGH LITTON, AND WHO WERE SUBJECT TO A FORECLOSURE ACTION OR PROCEEDING THAT WAS PENDING OR COMPLETED ANY TIME FROM JANUARY 1, 2009 TO DECEMBER 31, 2010; (II) COLLECTIVELY PROVIDE CERTAIN LOSS MITIGATION OR OTHER FORECLOSURE PREVENTION THAT COLLECTIVELY TOTALS $195 MILLION, WITH PREFERENCE GIVEN TO ACTIVITIES DESIGNED TO KEEP BORROWERS IN THEIR HOMES THROUGH AFFORDABLE, SUSTAINABLE AND MEANINGFUL HOME PRESERVATION ACTIONS; AND (III) AS APPLICABLE, SUBMIT POLICIES AND PROCEDURES ACCEPTABLE TO THE FEDERAL RESERVE AND SUBMIT CERTAIN REPORTS TO THE FEDERAL RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE AMENDED CONSENT. ON MARCH 11, 2013, GS GROUP AND GS BANK MADE A CASH PAYMENT INTO THE FUND, AS PROVIDED IN THE AMENDED CONSENT, BY SUBMISSION OF A WIRE IN THE AMOUNT OF $135 MILLION.
Other filed details
Description of allegations — filed text
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ALLEGED THAT, PRIOR TO SEPTEMBER 1, 2011, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN SACHS BANK USA ("GS BANK") ENGAGED IN A PATTERN OF MISCONDUCT AND NEGLIGENCE ( ) ( ) RELATING TO DEFICIENT PRACTICES IN RESIDENTIAL MORTGAGE LOAN SERVICING AND FORECLOSURE PROCESSING INVOLVING LITTON LOAN SERVICING LP ("LITTON"), A FORMER SUBSIDIARY.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE AMENDED CONSENT, WHICH PROVIDES FOR GS GROUP AND GS BANK TO: (I) MAKE A CASH PAYMENT THAT COLLECTIVELY TOTALS $135 MILLION INTO A QUALIFIED SETTLEMENT FUND (THE "FUND") FROM WHICH PAYMENTS WILL BE MADE PURSUANT TO A DISTRIBUTION PLAN DEVELOPED BY THE FEDERAL RESERVE AND THE OFFICE OF THE COMPTROLLER OF THE CURRENCY (COLLECTIVELY, THE "REGULATORS") FOR DISTRIBUTION BY THE REGULATORS IN THEIR DISCRETION TO CERTAIN ELIGIBLE BORROWERS WHOSE RESIDENTIAL MORTGAGE LOAN ON THEIR PRIMARY RESIDENCE WAS SERVICED BY GS BANK, THROUGH LITTON, AND WHO WERE SUBJECT TO A FORECLOSURE ACTION OR PROCEEDING THAT WAS PENDING OR COMPLETED ANY TIME FROM JANUARY 1, 2009 TO DECEMBER 31, 2010; AND (II) COLLECTIVELY PROVIDE CERTAIN LOSS MITIGATION OR OTHER FORECLOSURE PREVENTION THAT COLLECTIVELY TOTALS $195 MILLION, WITH PREFERENCE GIVEN TO ACTIVITIES DESIGNED TO KEEP BORROWERS IN THEIR HOMES THROUGH AFFORDABLE, SUSTAINABLE AND MEANINGFUL HOME PRESERVATION ACTIONS. ON MARCH 11, 2013, GS GROUP AND GS BANK MADE A CASH PAYMENT INTO THE FUND, AS PROVIDED IN THE AMENDED CONSENT, BY SUBMISSION OF A WIRE IN THE AMOUNT OF $135 MILLION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS BANK USA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
DISGORGEMENT; RESTITUTION
3.
Date Initiated (MM/DD/YYYY):
09/01/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
11-112-B-HC/SM
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
RESIDENTIAL MORTGAGE LOANS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ALLEGED THAT, PRIOR TO SEPTEMBER 1, 2011, THE
GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN SACHS BANK USA ("GS BANK") ENGAGED IN A PATTERN OF MISCONDUCT AND NEGLIGENCE
(
)
(
)
RELATING TO DEFICIENT PRACTICES IN RESIDENTIAL MORTGAGE LOAN SERVICING AND FORECLOSURE PROCESSING INVOLVING LITTON LOAN
SERVICING LP ("LITTON"), A FORMER SUBSIDIARY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
02/28/2013
Exact
Explanation
If not exact, provide explanation:
GS GROUP AND GS BANK ENTERED INTO AN AMENDMENT OF CONSENT ORDER WITH THE FEDERAL RESERVE ON FEBRUARY 28, 2013 (THE "AMENDED
CONSENT"), WHICH AMENDS THE CONSENT ORDER ENTERED INTO BETWEEN GS GROUP, GS BANK AND THE FEDERAL RESERVE ON SEPTEMBER 1, 2011
(THE "CONSENT").
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
AS APPLICABLE, SUBMIT POLICIES AND PROCEDURES ACCEPTABLE TO THE FEDERAL RESERVE AND SUBMIT CERTAIN REPORTS TO THE FEDERAL
RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE AMENDED CONSENT.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE AMENDED CONSENT,
WHICH PROVIDES FOR GS GROUP AND GS BANK TO: (I) MAKE A CASH PAYMENT THAT COLLECTIVELY TOTALS $135 MILLION INTO A QUALIFIED
SETTLEMENT FUND (THE "FUND") FROM WHICH PAYMENTS WILL BE MADE PURSUANT TO A DISTRIBUTION PLAN DEVELOPED BY THE FEDERAL
RESERVE AND THE OFFICE OF THE COMPTROLLER OF THE CURRENCY (COLLECTIVELY, THE "REGULATORS") FOR DISTRIBUTION BY THE
REGULATORS IN THEIR DISCRETION TO CERTAIN ELIGIBLE BORROWERS WHOSE RESIDENTIAL MORTGAGE LOAN ON THEIR PRIMARY RESIDENCE
WAS SERVICED BY GS BANK, THROUGH LITTON, AND WHO WERE SUBJECT TO A FORECLOSURE ACTION OR PROCEEDING THAT WAS PENDING OR
COMPLETED ANY TIME FROM JANUARY 1, 2009 TO DECEMBER 31, 2010; AND (II) COLLECTIVELY PROVIDE CERTAIN LOSS MITIGATION OR OTHER
FORECLOSURE PREVENTION THAT COLLECTIVELY TOTALS $195 MILLION, WITH PREFERENCE GIVEN TO ACTIVITIES DESIGNED TO KEEP
BORROWERS IN THEIR HOMES THROUGH AFFORDABLE, SUSTAINABLE AND MEANINGFUL HOME PRESERVATION ACTIONS. ON MARCH 11, 2013, GS
GROUP AND GS BANK MADE A CASH PAYMENT INTO THE FUND, AS PROVIDED IN THE AMENDED CONSENT, BY SUBMISSION OF A WIRE IN THE
AMOUNT OF $135 MILLION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE AMENDED CONSENT,
WHICH PROVIDES FOR THE TERMINATION OF THE INDEPENDENT FORECLOSURE REVIEW UNDER THE CONSENT AND CALLS FOR GS GROUP AND GS
BANK, IN COORDINATION WITH THE 12 OTHER FINANCIAL INSTITUTIONS WITH MORTGAGE LOAN SERVICING OPERATIONS THAT HAVE ALSO AGREED TO
AMEND THEIR RESPECTIVE ORDERS, TO ENSURE THAT THE FUND IS ESTABLISHED, FROM WHICH PAYMENTS WILL BE MADE PURSUANT TO A
DISTRIBUTION PLAN DEVELOPED BY THE REGULATORS. THE AMENDED CONSENT PROVIDES FOR GS GROUP AND GS BANK TO: (I) MAKE A CASH PAYMENT
THAT COLLECTIVELY TOTALS $135 MILLION INTO THE FUND FOR DISTRIBUTION BY THE REGULATORS IN THEIR DISCRETION TO CERTAIN ELIGIBLE
BORROWERS WHOSE RESIDENTIAL MORTGAGE LOAN ON THEIR PRIMARY RESIDENCE WAS SERVICED BY GS BANK, THROUGH LITTON, AND WHO WERE
SUBJECT TO A FORECLOSURE ACTION OR PROCEEDING THAT WAS PENDING OR COMPLETED ANY TIME FROM JANUARY 1, 2009 TO DECEMBER 31, 2010;
(II) COLLECTIVELY PROVIDE CERTAIN LOSS MITIGATION OR OTHER FORECLOSURE PREVENTION THAT COLLECTIVELY TOTALS $195 MILLION, WITH
PREFERENCE GIVEN TO ACTIVITIES DESIGNED TO KEEP BORROWERS IN THEIR HOMES THROUGH AFFORDABLE, SUSTAINABLE AND MEANINGFUL HOME
PRESERVATION ACTIONS; AND (III) AS APPLICABLE, SUBMIT POLICIES AND PROCEDURES ACCEPTABLE TO THE FEDERAL RESERVE AND SUBMIT CERTAIN
REPORTS TO THE FEDERAL RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE AMENDED CONSENT. ON MARCH 11, 2013, GS GROUP
AND GS BANK MADE A CASH PAYMENT INTO THE FUND, AS PROVIDED IN THE AMENDED CONSENT, BY SUBMISSION OF A WIRE IN THE AMOUNT OF $135
MILLION.regulatory · block 32SLK-HULL DERIVATIVES LLCPDF pages 533–535
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 33GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 535–537
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 34SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 537–539
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 35SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 539–540
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 36GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 540–542
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 37SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 542–544
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 38GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 544–545
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 39SLK-HULL DERIVATIVES LLCPDF pages 545–547
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 40GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 547–549
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any e e t sted te t at occu ed o e t a te yea s ago This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 41GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 549–551
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 42GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 551–552
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 43GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 552–554
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 44GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 554–556
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 45SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 556–557
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 46GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 557–559
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 47PDF pages 559–561
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 48GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 561–563
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 49GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 563–564
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 50GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 564–566
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 51GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 566–568
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 52SLK-HULL DERIVATIVES LLCPDF pages 568–569
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 53GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 570–571
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 54SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 571–573
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 55GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 573–575
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 56SLK-HULL DERIVATIVES LLCPDF pages 575–576
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 57GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 576–578
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 58GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 578–580
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 59GOLDMAN SACHS EXECUTION & CLEARING, L.P.PDF pages 580–581
- Advisory affiliate name — filed text
- GOLDMAN SACHS EXECUTION & CLEARING, L.P.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 3466 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS EXECUTION & CLEARING, L.P. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 60PDF pages 581–583
- Regulator name — filed text
- OHIO DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 410,062.50
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OHIO DIVISION OF SECURITIES ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,062.50 TO THE OHIO DIVISION OF SECURITIES WHICH AMOUNT WAS PAID ON NOVEMBER 15, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OHIO DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE OHIO DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. ("THE FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OHIO DIVISION OF SECURITIES ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,062.50 TO THE OHIO DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON NOVEMBER 15, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
OHIO DIVISION OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
11/02/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
11-043
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE OHIO DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE OHIO DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO.
("THE FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/02/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 410,062.50
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OHIO DIVISION
OF SECURITIES ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,062.50 TO THE OHIO DIVISION OF SECURITIES, WHICH AMOUNT WAS
PAID ON NOVEMBER 15, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE OHIO DIVISION OF
SECURITIES ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $410,062.50 TO THE OHIO DIVISION OF SECURITIES WHICH AMOUNT WAS PAID ON
NOVEMBER 15, 2011.regulatory · block 61PDF pages 583–585
- Regulator name — filed text
- NEW MEXICO SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 73,187.42
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO SECURITIES DIVISION ON NOVEMBER 15, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $73,187.42 TO THE NEW MEXICO SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON NOVEMBER 23, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NEW MEXICO SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEW MEXICO SECURITIES DIVISION ALLEGED THAT GOLDMAN, SACHS & CO. ("THE FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO SECURITIES DIVISION ON NOVEMBER 15, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $73,187.42 TO THE NEW MEXICO SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON NOVEMBER 23, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW MEXICO SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
11/15/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
11-11-998-003
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NEW MEXICO SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE NEW MEXICO SECURITIES DIVISION ALLEGED THAT GOLDMAN, SACHS & CO. ("THE
FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN
CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/15/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 73,187.42
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO SECURITIES
DIVISION ON NOVEMBER 15, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $73,187.42 TO THE NEW MEXICO SECURITIES DIVISION, WHICH AMOUNT
WAS PAID ON NOVEMBER 23, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE NEW MEXICO SECURITIES DIVISION ON
NOVEMBER 15, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE
AMOUNT OF $22.5 MILLION, INCLUDING $73,187.42 TO THE NEW MEXICO SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON NOVEMBER 23, 2011.regulatory · block 62PDF pages 585–587
- Regulator name — filed text
- FLORIDA OFFICE OF FINANCIAL REGULATION
- Monetary/Fine Amount — filed text
- $ 1,755,209.90
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT AGREEMENT AND FINAL ORDER WITH THE FLORIDA OFFICE OF FINANCIAL REGULATION ON NOVEMBER 3, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,755,209.90 TO THE FLORIDA OFFICE OF FINANCIAL REGULATION, WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE FLORIDA OFFICE OF FINANCIAL REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT AGREEMENT AND FINAL ORDER, THE FLORIDA OFFICE OF FINANCIAL REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. ("THE FIRM") FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT AGREEMENT AND FINAL ORDER WITH THE FLORIDA OFFICE OF FINANCIAL REGULATION ON NOVEMBER 3, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,755,209.90 TO THE FLORIDA OFFICE OF FINANCIAL REGULATION, WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FLORIDA OFFICE OF FINANCIAL REGULATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
11/03/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
0559-S-4/11
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE FLORIDA OFFICE OF FINANCIAL REGULATION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION
INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT AGREEMENT AND FINAL ORDER, THE FLORIDA OFFICE OF FINANCIAL REGULATION ALLEGED
THAT GOLDMAN, SACHS & CO. ("THE FIRM") FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING
AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/03/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,755,209.90
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT AGREEMENT AND FINAL ORDER WITH THE FLORIDA
OFFICE OF FINANCIAL REGULATION ON NOVEMBER 3, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS,
TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,755,209.90 TO THE FLORIDA OFFICE OF FINANCIAL
REGULATION, WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT AGREEMENT AND FINAL ORDER WITH THE FLORIDA OFFICE
OF FINANCIAL REGULATION ON NOVEMBER 3, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A
TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $1,755,209.90 TO THE FLORIDA OFFICE OF FINANCIAL REGULATION,
WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.regulatory · block 63FIRST OPTIONS OF CHICAGO, INC.PDF pages 587–589
- Advisory affiliate name — filed text
- FIRST OPTIONS OF CHICAGO, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 13822 This advisory affiliate is a Firm an Individual Registered: Yes No Name: FIRST OPTIONS OF CHICAGO, INC. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 64SPEAR, LEEDS & KELLOGG SPECIALISTS LLCPDF pages 589–591
- Advisory affiliate name — filed text
- SPEAR, LEEDS & KELLOGG SPECIALISTS LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 41924 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SPEAR, LEEDS & KELLOGG SPECIALISTS LLC (For individuals, Last, First, Middle) ) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 65SLK-HULL DERIVATIVES LLCPDF pages 591–592
- Advisory affiliate name — filed text
- SLK-HULL DERIVATIVES LLC
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 46735 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SLK-HULL DERIVATIVES LLC (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 66EPOCH SECURITIES, INC.PDF pages 592–594
- Advisory affiliate name — filed text
- EPOCH SECURITIES, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 103899 This advisory affiliate is a Firm an Individual Registered: Yes No Name: EPOCH SECURITIES, INC. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 67PDF pages 594–596
- Regulator name — filed text
- DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
- Monetary/Fine Amount — filed text
- $ 98,427.93
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ON NOVEMBER 2, 2011 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $98,427.93 TO THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ALLEGED THAT GOLDMAN, SACHS & CO. ("THE FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $98,427.93 TO THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHICH AMOUNT WAS PAID ON NOVEMBER 14, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
11/02/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SB-CO-24-11
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT
ORDER, THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ALLEGED THAT GOLDMAN,
SACHS & CO. ("THE FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF
ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/02/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 98,427.93
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DEPARTMENT OF
INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ON NOVEMBER 2, 2011, IN WHICH IT AGREED, AS
PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$98,427.93 TO THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHICH
AMOUNT WAS PAID ON NOVEMBER 14, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE DEPARTMENT OF
INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ON NOVEMBER 2, 2011 IN WHICH IT AGREED, AS PART
OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $98,427.93
TO THE DEPARTMENT OF INSURANCE, SECURITIES AND BANKING OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHICH AMOUNT WAS PAID ON
NOVEMBER 14, 2011.regulatory · block 68PDF pages 596–598
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 21, 2011.
Other filed details
Description of allegations — filed text
IN A NOTICE OF SUMMARY FINE DATED OCTOBER 13, 2011, ICE FUTURES U.S., INC. ("ICE") COMPLIANCE DEPARTMENT INFORMED GOLDMAN, SACHS & CO. (THE "FIRM") THAT, AFTER COMPLETING A REVIEW OF AUDIT TRAIL DATA CORRESPONDING TO ORDERS THAT WERE ROUTED TO THE ICE ELECTRONIC TRADE SYSTEM ("ETS") THROUGH A THIRD-PARTY FRONT-END EMPLOYED BY A CLIENT OF THE FIRM, ICE COMPLIANCE DEPARTMENT CONCLUDED THAT THE FIRM FAILED TO PROVIDE COMPLETE ELECTRONIC AUDIT TRAIL DATA CORRESPONDING TO 18 ORDERS THAT WERE ENTERED ONTO THE ETS IN OCTOBER 2010, IN ALLEGED VIOLATION OF ICE RULE 27.12A.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 21, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/13/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2011-019
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE OF SUMMARY FINE DATED OCTOBER 13, 2011, ICE FUTURES U.S., INC. ("ICE") COMPLIANCE DEPARTMENT INFORMED GOLDMAN, SACHS &
CO. (THE "FIRM") THAT, AFTER COMPLETING A REVIEW OF AUDIT TRAIL DATA CORRESPONDING TO ORDERS THAT WERE ROUTED TO THE ICE
ELECTRONIC TRADE SYSTEM ("ETS") THROUGH A THIRD-PARTY FRONT-END EMPLOYED BY A CLIENT OF THE FIRM, ICE COMPLIANCE DEPARTMENT
CONCLUDED THAT THE FIRM FAILED TO PROVIDE COMPLETE ELECTRONIC AUDIT TRAIL DATA CORRESPONDING TO 18 ORDERS THAT WERE ENTERED
ONTO THE ETS IN OCTOBER 2010, IN ALLEGED VIOLATION OF ICE RULE 27.12A.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
10/13/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON OCTOBER 21, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION
OF A WIRE ON OCTOBER 21, 2011.regulatory · block 69PDF pages 598–600
- Regulator name — filed text
- MINNESOTA DEPARTMENT OF COMMERCE
- Monetary/Fine Amount — filed text
- $ 176,017.95
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MINNESOTA DEPARTMENT OF COMMERCE ON OCTOBER 27, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $176,017.95 TO THE MINNESOTA DEPARTMENT OF COMMERCE, WHICH AMOUNT WAS PAID ON NOVEMBER 3, 2011.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE MINNESOTA DEPARTMENT OF COMMERCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MINNESOTA DEPARTMENT OF COMMERCE ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MINNESOTA DEPARTMENT OF COMMERCE ON OCTOBER 27, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $176,017.95 TO THE MINNESOTA DEPARTMENT OF COMMERCE, WHICH AMOUNT WAS PAID ON NOVEMBER 3, 2011.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MINNESOTA DEPARTMENT OF COMMERCE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
10/27/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
16249
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE MINNESOTA DEPARTMENT OF COMMERCE, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE MINNESOTA DEPARTMENT OF COMMERCE ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/27/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 176,017.95
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MINNESOTA DEPARTMENT OF
COMMERCE ON OCTOBER 27, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $176,017.95 TO THE MINNESOTA DEPARTMENT OF COMMERCE, WHICH
AMOUNT WAS PAID ON NOVEMBER 3, 2011.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE MINNESOTA DEPARTMENT OF COMMERCE
ON OCTOBER 27, 2011, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN
THE AMOUNT OF $22.5 MILLION, INCLUDING $176,017.95 TO THE MINNESOTA DEPARTMENT OF COMMERCE, WHICH AMOUNT WAS PAID ON NOVEMBER
3, 2011.regulatory · block 70GOLDMAN SACHS INTERNATIONALPDF pages 600–602
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- NYSE EURONEXT LIFFE ADMINISTRATION AND MANAGEMENT
- Monetary/Fine Amount — filed text
- $ 17,059.19
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
FURTHER TO THE SETTLEMENT PROCEEDINGS, AND FOLLOWING THE REDUCTION OF THE FINE BY ONE THIRD, IT WAS AGREED THAT GSI BE FINED £5,666, AND MAKE A CONTRIBUTION OF £6,000 TOWARDS THE COSTS INCURRED AS A RESULT OF THE DISCIPLINARY PROCEEDING, IN RELATION TO CONTRAVENTION OF GENERAL NOTICE NO. 2515, IN RESPECT OF FACILITATING CONTINGENT ORDERS WHICH HAD THE EFFECT OF ACHIEVING A TRANSACTION AT AN AVERAGE PRICE INSIDE THE MINIMUM PRICE MOVEMENT OF THE CONTRACT CONCERNED. MSL (I) ACKNOWLEDGED THAT GSI HAD APOLOGIZED FOR THE INCIDENT AND HAD CO-OPERATED FULLY WITH MSL DURING THE COURSE OF ITS PRELIMINARY INVESTIGATION, (II) ACCEPTED THAT NEITHER THE SALES PERSON NOR THE RESPONSIBLE PERSON INVOLVED HAD BENEFITTED FROM THE EXECUTION OF THE BLOCK TRADES, AND THAT (III) GSI HAD TAKEN STEPS, SINCE THE INCIDENTS, TO ENSURE THAT ALL RELEVANT STAFF WERE FULLY AWARE OF THE PROVISIONS OF GENERAL NOTICE 2515.
Other filed details
Description of allegations — filed text
PURSUANT TO SETTLEMENT PROCEEDINGS, NYSE EURONEXT LIFFE ("LIFFE") MARKET SERVICES, LONDON ("MSL") ALLEGED THAT ON FEBRUARY 19, 2008, GOLDMAN SACHS INTERNATIONAL ("GSI"), THROUGH THE AGENCY OF AN UNREGISTERED INDIVIDUAL, PROCURED MATCHING BUSINESS FOR TWO CLIENT ORDERS WHICH, IN EACH CASE, WERE AT A PRICE INSIDE THE MINIMUM PRICE MOVEMENT OF THE STERLING FUTURES CONTRACT, AND WHICH NECESSITATED THE EXECUTION OF TWO TRADES IN THE SAME STRATEGY AT DIFFERENT PRICE LEVELS TO ACHIEVE THE AVERAGE PRICE, IN ALLEGED VIOLATION OF LIFFE RULE 2.2.3.
Sanction detail — filed text
GSI AGREED TO THE PAYMENT OF A MONETARY PENALTY TO LIFFE OF £11,666 IN THE AGGREGATE, REPRESENTING A FINE OF £5,666, AND A CONTRIBUTION OF £6,000 TOWARDS THE COSTS INCURRED AS A RESULT OF THE DISCIPLINARY PROCEEDING, WHICH AMOUNT WAS PAID BY , , SUBMISSION OF A WIRE ON APRIL 9, 2009. WHILE THE ACTUAL PAYMENT WAS MADE IN BRITISH POUNDS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF £1:US$1.4623 AS OF APRIL 9, 2009, THE EQUIVALENT US DOLLAR VALUE ON APRIL 9, 2009 WAS US$17,059.19, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
p
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE EURONEXT LIFFE ADMINISTRATION AND MANAGEMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
REPRIMAND
3.
Date Initiated (MM/DD/YYYY):
11/13/2008
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20080219GSF
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
PURSUANT TO SETTLEMENT PROCEEDINGS, NYSE EURONEXT LIFFE ("LIFFE") MARKET SERVICES, LONDON ("MSL") ALLEGED THAT ON FEBRUARY 19,
2008, GOLDMAN SACHS INTERNATIONAL ("GSI"), THROUGH THE AGENCY OF AN UNREGISTERED INDIVIDUAL, PROCURED MATCHING BUSINESS FOR TWO
CLIENT ORDERS WHICH, IN EACH CASE, WERE AT A PRICE INSIDE THE MINIMUM PRICE MOVEMENT OF THE STERLING FUTURES CONTRACT, AND WHICH
NECESSITATED THE EXECUTION OF TWO TRADES IN THE SAME STRATEGY AT DIFFERENT PRICE LEVELS TO ACHIEVE THE AVERAGE PRICE, IN ALLEGED
VIOLATION OF LIFFE RULE 2.2.3.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
03/20/2009
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,059.19
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSI AGREED TO THE PAYMENT OF A MONETARY PENALTY TO LIFFE OF £11,666 IN THE AGGREGATE, REPRESENTING A FINE OF £5,666, AND A
CONTRIBUTION OF £6,000 TOWARDS THE COSTS INCURRED AS A RESULT OF THE DISCIPLINARY PROCEEDING, WHICH AMOUNT WAS PAID BY
,
,
SUBMISSION OF A WIRE ON APRIL 9, 2009. WHILE THE ACTUAL PAYMENT WAS MADE IN BRITISH POUNDS, USING THE FEDERAL RESERVE
FOREIGN EXCHANGE RATE OF £1:US$1.4623 AS OF APRIL 9, 2009, THE EQUIVALENT US DOLLAR VALUE ON APRIL 9, 2009 WAS US$17,059.19,
WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
FURTHER TO THE SETTLEMENT PROCEEDINGS, AND FOLLOWING THE REDUCTION OF THE FINE BY ONE THIRD, IT WAS AGREED THAT GSI BE FINED
£5,666, AND MAKE A CONTRIBUTION OF £6,000 TOWARDS THE COSTS INCURRED AS A RESULT OF THE DISCIPLINARY PROCEEDING, IN RELATION TO
CONTRAVENTION OF GENERAL NOTICE NO. 2515, IN RESPECT OF FACILITATING CONTINGENT ORDERS WHICH HAD THE EFFECT OF ACHIEVING A
TRANSACTION AT AN AVERAGE PRICE INSIDE THE MINIMUM PRICE MOVEMENT OF THE CONTRACT CONCERNED. MSL (I) ACKNOWLEDGED THAT GSI HAD
APOLOGIZED FOR THE INCIDENT AND HAD CO-OPERATED FULLY WITH MSL DURING THE COURSE OF ITS PRELIMINARY INVESTIGATION, (II) ACCEPTED
THAT NEITHER THE SALES PERSON NOR THE RESPONSIBLE PERSON INVOLVED HAD BENEFITTED FROM THE EXECUTION OF THE BLOCK TRADES, AND
THAT (III) GSI HAD TAKEN STEPS, SINCE THE INCIDENTS, TO ENSURE THAT ALL RELEVANT STAFF WERE FULLY AWARE OF THE PROVISIONS OF GENERAL
NOTICE 2515.regulatory · block 71GOLDMAN SACHS JBWERE INC.PDF pages 602–603
- Advisory affiliate name — filed text
- GOLDMAN SACHS JBWERE INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 10117 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS JBWERE INC. (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
regulatory · block 72PDF pages 603–605
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON JANUARY 9, 2012 AND BECAME FINAL ON FEBRUARY 3, 2012. ON JANUARY 26, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $10,000.
Other filed details
Description of allegations — filed text
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED : (I) (I) ON FIVE OCCASIONS BETWEEN NOVEMBER 14, 2008 AND AUGUST 5, 2009, TO TIMELY SUBMIT THE REGULATION M TRADING NOTICE TO THE NYSE IN CONNECTION WITH DISTRIBUTIONS ON AN NYSE-LISTED COMPANY IN WHICH THE FIRM ACTED AS AN UNDERWRITER OR MANAGER AND (II) TO NOTIFY THE NYSE OF THE FIRM'S INTENTION TO ENGAGE IN CERTAIN SYNDICATE COVERING TRANSACTIONS ON APRIL 27-28, 2010 AND MAY 18, 2010, PRIOR TO ENGAGING IN THE TRANSACTIONS, IN CONNECTION WITH AN OFFERING OF A SECURITY FOR WHICH THE FIRM WAS LEAD MANAGER, EACH IN ALLEGED VIOLATION OF NYSE RULE 5190; (II) ON TWO OCCASIONS BETWEEN JUNE 4, 2009 AND MARCH 5, 2010, TO TIMELY NOTIFY THE NYSE OF ITS PARTICIPATION IN A DISTRIBUTION FOR WHICH ITS AFFILIATED DESIGNATED MARKET-MAKER (DMM) WAS REGISTERED, IN ALLEGED VIOLATION OF NYSE RULE 460.30; AND (III) TO REASONABLY SUPERVISE COMPLIANCE WITH NYSE RULES 5190 AND 460.30, BY FAILING TO HAVE A REASONABLE SYSTEM OF FOLLOW-UP AND REVIEW TO DETERMINE IF ITS REPORTING POLICIES AND PROCEDURES WITH RESPECT TO SUCH RULES WERE FOLLOWED, IN ALLEGED VIOLATION OF NYSE RULE 342.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $10,000 WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JANUARY 26, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NEW YORK STOCK EXCHANGE LLC 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 12/14/2011 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 12-NYSE-1 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: OFFERED SECURITIES (EQUITY OFFERINGS) 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED : (I) (I) ON FIVE OCCASIONS BETWEEN NOVEMBER 14, 2008 AND AUGUST 5, 2009, TO TIMELY SUBMIT THE REGULATION M TRADING NOTICE TO THE NYSE IN CONNECTION WITH DISTRIBUTIONS ON AN NYSE-LISTED COMPANY IN WHICH THE FIRM ACTED AS AN UNDERWRITER OR MANAGER AND (II) TO NOTIFY THE NYSE OF THE FIRM'S INTENTION TO ENGAGE IN CERTAIN SYNDICATE COVERING TRANSACTIONS ON APRIL 27-28, 2010 AND MAY 18, 2010, PRIOR TO ENGAGING IN THE TRANSACTIONS, IN CONNECTION WITH AN OFFERING OF A SECURITY FOR WHICH THE FIRM WAS LEAD MANAGER, EACH IN ALLEGED VIOLATION OF NYSE RULE 5190; (II) ON TWO OCCASIONS BETWEEN JUNE 4, 2009 AND MARCH 5, 2010, TO TIMELY NOTIFY THE NYSE OF ITS PARTICIPATION IN A DISTRIBUTION FOR WHICH ITS AFFILIATED DESIGNATED MARKET-MAKER (DMM) WAS REGISTERED, IN ALLEGED VIOLATION OF NYSE RULE 460.30; AND (III) TO REASONABLY SUPERVISE COMPLIANCE WITH NYSE RULES 5190 AND 460.30, BY FAILING TO HAVE A REASONABLE SYSTEM OF FOLLOW-UP AND REVIEW TO DETERMINE IF ITS REPORTING POLICIES AND PROCEDURES WITH RESPECT TO SUCH RULES WERE FOLLOWED, IN ALLEGED VIOLATION OF NYSE RULE 342. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Stipulation and Consent 11. Resolution Date (MM/DD/YYYY): 02/03/2012 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 10,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $10,000 WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JANUARY 26, 2012. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON JANUARY 9, 2012 AND BECAME FINAL ON FEBRUARY 3, 2012. ON JANUARY 26, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $10,000.
regulatory · block 73PDF pages 605–607
- Regulator name — filed text
- CHICAGO MERCANTILE EXCHANGE INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON FEBRUARY 8, 2012, CME FINED THE FIRM $5,000 FOR ALLEGED VIOLATIONS OF RULE 536.F, AND ON FEBRUARY 7, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE.
Other filed details
Description of allegations — filed text
IN A ROUTINE EXAMINATION OF GOLDMAN, SACHS & CO. (THE "FIRM"), CME GROUP MARKET REGULATION ("CME") MADE FINDINGS THAT, FROM SEPTEMBER 29, 2011 THROUGH NOVEMBER 25, 2011, CERTAIN FIRM TRADING DOCUMENTS CONTAINED AT LEAST ONE DATA ENTRY ERROR, IN ALLEGED VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
Sanction detail — filed text
THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON FEBRUARY 7, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO MERCANTILE EXCHANGE INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/08/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
11-06316
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A ROUTINE EXAMINATION OF GOLDMAN, SACHS & CO. (THE "FIRM"), CME GROUP MARKET REGULATION ("CME") MADE FINDINGS THAT, FROM
SEPTEMBER 29, 2011 THROUGH NOVEMBER 25, 2011, CERTAIN FIRM TRADING DOCUMENTS CONTAINED AT LEAST ONE DATA ENTRY ERROR, IN ALLEGED
VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
02/08/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON FEBRUARY 7, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON FEBRUARY 8, 2012, CME FINED THE FIRM $5,000 FOR ALLEGED VIOLATIONS OF RULE 536.F, AND ON FEBRUARY 7, 2012, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF THE FINE.regulatory · block 74PDF pages 607–609
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 19, 2011 AND ON JANUARY 4, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $7,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT DURING THE PERIOD OF APRIL 1, 2007 THROUGH SEPTEMBER 30, 2010, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO COMPLY WITH MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULES G-32 AND G-36, IN CERTAIN RESPECTS. MORE SPECIFICALLY, FINRA DEPARTMENT OF ENFORCEMENT ALLEGED THAT THE FIRM FILED 72 OUT OF 934 FILINGS LATE, RESULTING IN AN OVERALL FAILURE RATE DURING THE REVIEW PERIOD OF 7.7 PERCENT, IN ALLEGED VIOLATION OF MSRB RULES G-36 AND G-32.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON JANUARY 4, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/19/2011
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20110260449-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT DURING THE PERIOD OF APRIL 1, 2007
THROUGH SEPTEMBER 30, 2010, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO COMPLY WITH MUNICIPAL SECURITIES RULEMAKING BOARD
("MSRB") RULES G-32 AND G-36, IN CERTAIN RESPECTS. MORE SPECIFICALLY, FINRA DEPARTMENT OF ENFORCEMENT ALLEGED THAT THE FIRM FILED 72
OUT OF 934 FILINGS LATE, RESULTING IN AN OVERALL FAILURE RATE DURING THE REVIEW PERIOD OF 7.7 PERCENT, IN ALLEGED VIOLATION OF MSRB
RULES G-36 AND G-32.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/19/2011
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JANUARY 4, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 19, 2011 AND ON JANUARY 4, 2012, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $7,500.regulatory · block 75PDF pages 609–611
- Regulator name — filed text
- NYSE ARCA, INC.
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT AND CONSENT WITH NYSE REGULATION, INC., ON BEHALF OF NYSE ARCA, INC., WHICH WAS ACCEPTED BY THE NYSE ARCA HEARING BOARD ON JANUARY 9, 2012, AND ON JANUARY 26, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $40,000.
Other filed details
Description of allegations — filed text
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT, DUE TO THE INADVERTENT INTRODUCTION OF A PROGRAMMING ERROR INTO A SURVEILLANCE REPORT DESIGNED TO DETECT POTENTIAL VIOLATIONS OF RULE 105 OF REGULATION M, AND WHICH HAS SINCE BEEN CORRECTED, GOLDMAN, SACHS & CO. (THE "FIRM"), FROM IN OR ABOUT OCTOBER 2007 THROUGH AUGUST 2008, DID NOT MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM REASONABLY DESIGNED TO DETECT POTENTIAL VIOLATIONS OF RULE 105 OF REGULATION M, IN ALLEGED VIOLATION OF NYSE ARCA EQUITIES RULE 6.18(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $40,000 WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JANUARY 26, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NYSE ARCA, INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 12/14/2011 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 12-ARCA-1 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Equity Listed (Common & Preferred Stock) Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT, DUE TO THE INADVERTENT INTRODUCTION OF A PROGRAMMING ERROR INTO A SURVEILLANCE REPORT DESIGNED TO DETECT POTENTIAL VIOLATIONS OF RULE 105 OF REGULATION M, AND WHICH HAS SINCE BEEN CORRECTED, GOLDMAN, SACHS & CO. (THE "FIRM"), FROM IN OR ABOUT OCTOBER 2007 THROUGH AUGUST 2008, DID NOT MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM REASONABLY DESIGNED TO DETECT POTENTIAL VIOLATIONS OF RULE 105 OF REGULATION M, IN ALLEGED VIOLATION OF NYSE ARCA EQUITIES RULE 6.18(B). 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Decision & Order of Offer of Settlement 11. Resolution Date (MM/DD/YYYY): 01/09/2012 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 40,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $40,000 WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JANUARY 26, 2012. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT AND CONSENT WITH NYSE REGULATION, INC., ON BEHALF OF NYSE ARCA, INC., WHICH WAS ACCEPTED BY THE NYSE ARCA HEARING BOARD ON JANUARY 9, 2012, AND ON JANUARY 26, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $40,000.
regulatory · block 76PDF pages 611–613
- Regulator name — filed text
- OKLAHOMA DEPARTMENT OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 188,128.55
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE OKLAHOMA DEPARTMENT OF SECURITIES ON MARCH 20, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $188,128.55 TO THE OKLAHOMA DEPARTMENT OF SECURITIES, WHICH AMOUNT WAS PAID APRIL 2, 2012.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE OKLAHOMA DEPARTMENT OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE OKLAHOMA DEPARTMENT OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE OKLAHOMA DEPARTMENT OF SECURITIES ON MARCH 20, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $188,128.55 TO THE OKLAHOMA DEPARTMENT OF SECURITIES, WHICH AMOUNT WAS PAID APRIL 2, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
OKLAHOMA DEPARTMENT OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
03/20/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
10-082
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE OKLAHOMA DEPARTMENT OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO
THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE OKLAHOMA DEPARTMENT OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO.
(THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/20/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 188,128.55
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE OKLAHOMA DEPARTMENT OF
SECURITIES ON MARCH 20, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $188,128.55 TO THE OKLAHOMA DEPARTMENT OF SECURITIES, WHICH
AMOUNT WAS PAID APRIL 2, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE OKLAHOMA DEPARTMENT OF SECURITIES
ON MARCH 20, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE
AMOUNT OF $22.5 MILLION, INCLUDING $188,128.55 TO THE OKLAHOMA DEPARTMENT OF SECURITIES, WHICH AMOUNT WAS PAID APRIL 2, 2012.regulatory · block 77PDF pages 613–615
- Regulator name — filed text
- UTAH DIVISION OF SECURITIES
- Monetary/Fine Amount — filed text
- $ 88,007.05
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION AND CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES ON MARCH 22, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $88,007.05 TO THE UTAH DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON APRIL 6, 2012.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE STIPULATION AND CONSENT ORDER, THE UTAH DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION AND CONSENT ORDER WITH THE UTAH DIVISION OF SECURITIES ON MARCH 22, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $88,007.05 TO THE UTAH DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON APRIL 6, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
UTAH DIVISION OF SECURITIES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
03/22/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SD-12-0023
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE UTAH DIVISION OF SECURITIES, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE
MARKETING AND SALES OF ARS. IN THE STIPULATION AND CONSENT ORDER, THE UTAH DIVISION OF SECURITIES ALLEGED THAT GOLDMAN, SACHS &
CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS
SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/22/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 88,007.05
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION AND CONSENT ORDER WITH THE UTAH DIVISION
OF SECURITIES ON MARCH 22, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL
MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $88,007.05 TO THE UTAH DIVISION OF SECURITIES, WHICH AMOUNT WAS
PAID ON APRIL 6, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A STIPULATION AND CONSENT ORDER WITH THE UTAH DIVISION OF
SECURITIES ON MARCH 22, 2012, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY
PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $88,007.05 TO THE UTAH DIVISION OF SECURITIES, WHICH AMOUNT WAS PAID ON APRIL 6,
2012.regulatory · block 78PDF pages 615–616
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 85,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON APRIL 4, 2012 AND BECAME FINAL ON APRIL 29, 2012. ON APRIL 16, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $85,000.
Other filed details
Description of allegations — filed text
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") IN ITS CAPACITY AS A NYSE SUPPLEMENTAL LIQUIDITY PROVIDER (SLP) DURING THE PERIOD BETWEEN JANUARY 2009 AND AT LEAST SEPTEMBER 2011, FAILED TO MAINTAIN SUPERVISORY PROCEDURES, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WERE REASONABLY DESIGNED TO DETECT AND PREVENT POTENTIALLY VIOLATIVE WASH TRADING ACTIVITY, IN ALLEGED VIOLATION OF NYSE RULE 342.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $85,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 16, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) NEW YORK STOCK EXCHANGE LLC 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 02/16/2012 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 12-NYSE-3 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: ASSIGNED SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") IN ITS CAPACITY AS A NYSE SUPPLEMENTAL LIQUIDITY PROVIDER (SLP) DURING THE PERIOD BETWEEN JANUARY 2009 AND AT LEAST SEPTEMBER 2011, FAILED TO MAINTAIN SUPERVISORY PROCEDURES, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WERE REASONABLY DESIGNED TO DETECT AND PREVENT POTENTIALLY VIOLATIVE WASH TRADING ACTIVITY, IN ALLEGED VIOLATION OF NYSE RULE 342. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Stipulation and Consent 11. Resolution Date (MM/DD/YYYY): 04/29/2012 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 85,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $85,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 16, 2012. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE HEARING BOARD ON APRIL 4, 2012 AND BECAME FINAL ON APRIL 29, 2012. ON APRIL 16, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $85,000.
regulatory · block 79GOLDMAN SACHS STRUCTURED PRODUCTS (ASIA) LIMITEDPDF pages 616–618
- Advisory affiliate name — filed text
- GOLDMAN SACHS STRUCTURED PRODUCTS (ASIA) LIMITED
- Regulator name — filed text
- HONG KONG STOCK EXCHANGE
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE DIVISION'S ASSERTIONS WERE REFERRED TO THE COMMITTEE. WITHOUT ADMITTING OR CONTESTING THE DIVISION'S ASSERTIONS, GSSPA ENTERED INTO A SETTLEMENT AGREEMENT WITH HKEX, WHICH WAS ENDORSED BY THE COMMITTEE ON APRIL 24, 2012, IN WHICH HKEX CENSURED GSSPA FOR HAVING BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT. IN CONSIDERING THE OVERALL SANCTION TO BE IMPOSED ON GSSPA, THE COMMITTEE TOOK INTO ACCOUNT THAT: (I) THIS WAS AN ISOLATED INCIDENT, THERE BEING NO RECORD OF AN EARLIER FAILURE OF THIS NATURE BY GSSPA; (II) THE ERRORS APPEARED TO RESULT FROM HUMAN ERROR RATHER THAN A SYSTEMIC FAILURE; (III) THE WARRANTS HAD, DESPITE CERTAIN ERRORS, TRADED IN ACCORDANCE WITH THEIR INTENDED ECONOMICS FOR A PERIOD OF APPROXIMATELY SIX WEEKS FROM THEIR ISSUANCE PRIOR TO MARCH 31, 2011 WITH NO UNUSUAL PRICE MOVEMENTS; (IV) GSSPA NOTIFIED HKEX OF THE ERRORS PROMPTLY AND PRIOR TO THE OPENING OF THE MARKET ON MARCH 31, 2011, AND THEREAFTER MAINTAINED A FREQUENT AND CANDID DIALOGUE WITH HKEX; (V) GSSPA COOPERATED WITH HKEX, INCLUDING AGREEING TO A TRADING SUSPENSION WHEN THE SUGGESTION WAS MADE BY HKEX ON MARCH 31, 2011; (VI) THERE WAS NO PRECEDENT FOR REQUESTING A SUSPENSION FROM TRADING OF HONG KONG LISTED WARRANTS IN THESE CIRCUMSTANCES; (VII) THE TRADING ACTIVITY THAT RESULTED IN UNUSUAL PRICE MOVEMENT ON MARCH 31, 2011 DID NOT INVOLVE GSSPA AS LIQUIDITY PROVIDER OR IN ANY OTHER CAPACITY; (VIII) GSSPA OFFERED COMPENSATION TO ALL AFFECTED INVESTORS THROUGH A BUYBACK PROGRAM; (IX) GSSPA HAD CERTAIN INTERNAL CONTROLS IN PLACE FOR DOCUMENT REVIEW AT THE RELEVANT TIME AND HAS SINCE IMPLEMENTED REMEDIAL MEASURES ADDRESSING HKEX'S REGULATORY CONCERNS; (X) GSSPA HAS BEEN A VERY ACTIVE PARTICIPANT IN THE WARRANTS INDUSTRY WORKING GROUP FORMED TO CONSIDER ISSUES, INCLUDING THE STANDARDIZATION OF DOCUMENTATION, SO AS TO ENSURE THE CONTINUING SUCCESS AND HIGH STANDARDS OF THE HONG KONG WARRANTS MARKET; (XI) GSSPA VOLUNTARILY WITHDREW FROM ISSUING NEW WARRANTS FROM APRIL TO NOVEMBER 2011 AND FOCUSED ON RESOLVING THIS INCIDENT; AND (XII) GSSPA FULLY COOPERATED WITH THE DIVISION THROUGHOUT ITS INVESTIGATION AND HAS A CLEAN DISCIPLINARY RECORD.
Other filed details
Description of allegations — filed text
IN A LETTER TO GOLDMAN SACHS STRUCTURED PRODUCTS (ASIA) LIMITED ("GSSPA") DATED FEBRUARY 8, 2012, THE STOCK EXCHANGE OF HONG KONG LIMITED ("HKEX") LISTING DIVISION (THE "DIVISION") INFORMED GSSPA THAT, HAVING REVIEWED CERTAIN FACTS AND CIRCUMSTANCES REGARDING FOUR NIKKEI LINKED WARRANTS ISSUED BY GSSPA ON FEBRUARY 17, 2011 (THE "WARRANTS"), THE DIVISION WAS OF THE VIEW THAT GSSPA HAD BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT BETWEEN GSSPA AND HKEX (THE "LISTING AGREEMENT") AND THE HKEX LISTING RULES DUE TO ERRORS IN THE LISTING DOCUMENTATION AND FOR NOT REQUESTING A TRADE SUSPENSION OF THE WARRANTS AS SOON AS REASONABLY PRACTICABLE ON MARCH 31, 2011.
Sanction detail — filed text
THE DIVISION'S ASSERTIONS WERE REFERRED TO THE HKEX LISTING (DISCIPLINARY) COMMITTEE (THE "COMMITTEE"). WITHOUT ADMITTING OR CONTESTING THE DIVISION'S ASSERTIONS, GSSPA ENTERED INTO A SETTLEMENT AGREEMENT WITH HKEX, WHICH WAS ENDORSED BY THE COMMITTEE ON APRIL 24, 2012, IN WHICH HKEX CENSURED GSSPA FOR HAVING BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS STRUCTURED
PRODUCTS (ASIA) LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
HONG KONG STOCK EXCHANGE
2.
Principal Sanction:
Censure
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/08/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
WARRANTS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A LETTER TO GOLDMAN SACHS STRUCTURED PRODUCTS (ASIA) LIMITED ("GSSPA") DATED FEBRUARY 8, 2012, THE STOCK EXCHANGE OF HONG KONG
LIMITED ("HKEX") LISTING DIVISION (THE "DIVISION") INFORMED GSSPA THAT, HAVING REVIEWED CERTAIN FACTS AND CIRCUMSTANCES REGARDING
FOUR NIKKEI LINKED WARRANTS ISSUED BY GSSPA ON FEBRUARY 17, 2011 (THE "WARRANTS"), THE DIVISION WAS OF THE VIEW THAT GSSPA HAD
BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT BETWEEN GSSPA AND HKEX (THE "LISTING AGREEMENT") AND THE HKEX LISTING RULES
DUE TO ERRORS IN THE LISTING DOCUMENTATION AND FOR NOT REQUESTING A TRADE SUSPENSION OF THE WARRANTS AS SOON AS REASONABLY
PRACTICABLE ON MARCH 31, 2011.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
04/24/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE DIVISION'S ASSERTIONS WERE REFERRED TO THE HKEX LISTING (DISCIPLINARY) COMMITTEE (THE "COMMITTEE"). WITHOUT ADMITTING OR
CONTESTING THE DIVISION'S ASSERTIONS, GSSPA ENTERED INTO A SETTLEMENT AGREEMENT WITH HKEX, WHICH WAS ENDORSED BY THE
COMMITTEE ON APRIL 24, 2012, IN WHICH HKEX CENSURED GSSPA FOR HAVING BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE DIVISION'S ASSERTIONS WERE REFERRED TO THE COMMITTEE. WITHOUT ADMITTING OR CONTESTING THE DIVISION'S ASSERTIONS, GSSPA
ENTERED INTO A SETTLEMENT AGREEMENT WITH HKEX, WHICH WAS ENDORSED BY THE COMMITTEE ON APRIL 24, 2012, IN WHICH HKEX CENSURED
GSSPA FOR HAVING BREACHED CERTAIN PROVISIONS IN THE LISTING AGREEMENT. IN CONSIDERING THE OVERALL SANCTION TO BE IMPOSED ON
GSSPA, THE COMMITTEE TOOK INTO ACCOUNT THAT: (I) THIS WAS AN ISOLATED INCIDENT, THERE BEING NO RECORD OF AN EARLIER FAILURE OF THIS
NATURE BY GSSPA; (II) THE ERRORS APPEARED TO RESULT FROM HUMAN ERROR RATHER THAN A SYSTEMIC FAILURE; (III) THE WARRANTS HAD, DESPITE
CERTAIN ERRORS, TRADED IN ACCORDANCE WITH THEIR INTENDED ECONOMICS FOR A PERIOD OF APPROXIMATELY SIX WEEKS FROM THEIR ISSUANCE
PRIOR TO MARCH 31, 2011 WITH NO UNUSUAL PRICE MOVEMENTS; (IV) GSSPA NOTIFIED HKEX OF THE ERRORS PROMPTLY AND PRIOR TO THE
OPENING OF THE MARKET ON MARCH 31, 2011, AND THEREAFTER MAINTAINED A FREQUENT AND CANDID DIALOGUE WITH HKEX; (V) GSSPA
COOPERATED WITH HKEX, INCLUDING AGREEING TO A TRADING SUSPENSION WHEN THE SUGGESTION WAS MADE BY HKEX ON MARCH 31, 2011; (VI)
THERE WAS NO PRECEDENT FOR REQUESTING A SUSPENSION FROM TRADING OF HONG KONG LISTED WARRANTS IN THESE CIRCUMSTANCES; (VII) THE
TRADING ACTIVITY THAT RESULTED IN UNUSUAL PRICE MOVEMENT ON MARCH 31, 2011 DID NOT INVOLVE GSSPA AS LIQUIDITY PROVIDER OR IN ANY
OTHER CAPACITY; (VIII) GSSPA OFFERED COMPENSATION TO ALL AFFECTED INVESTORS THROUGH A BUYBACK PROGRAM; (IX) GSSPA HAD CERTAIN
INTERNAL CONTROLS IN PLACE FOR DOCUMENT REVIEW AT THE RELEVANT TIME AND HAS SINCE IMPLEMENTED REMEDIAL MEASURES ADDRESSING
HKEX'S REGULATORY CONCERNS; (X) GSSPA HAS BEEN A VERY ACTIVE PARTICIPANT IN THE WARRANTS INDUSTRY WORKING GROUP FORMED TO
CONSIDER ISSUES, INCLUDING THE STANDARDIZATION OF DOCUMENTATION, SO AS TO ENSURE THE CONTINUING SUCCESS AND HIGH STANDARDS OF
THE HONG KONG WARRANTS MARKET; (XI) GSSPA VOLUNTARILY WITHDREW FROM ISSUING NEW WARRANTS FROM APRIL TO NOVEMBER 2011 AND
FOCUSED ON RESOLVING THIS INCIDENT; AND (XII) GSSPA FULLY COOPERATED WITH THE DIVISION THROUGHOUT ITS INVESTIGATION AND HAS A
CLEAN DISCIPLINARY RECORD.regulatory · block 80PDF pages 619–620
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 22,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE AND DESIST ORDER ON APRIL 12, 2012 (THE "ORDER") BY THE SEC PURSUANT TO WHICH FIRM (I) SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15(G) OF THE EXCHANGE ACT; (II) IS CENSURED; (III) PAID A TOTAL CIVIL MONEY PENALTY OF $22 MILLION ON APRIL 19, 2012, $11 MILLION OF WHICH WAS PAID TO THE FINANCIAL INDUSTRY REGULATORY AUTHORITY IN A RELATED PROCEEDING, AND $11 MILLION OF WHICH WAS PAID TO THE SEC, AND (IV) SHALL COMPLY WITH CERTAIN OTHER UNDERTAKINGS, INCLUDING A COMPREHENSIVE REVIEW, INCLUDING RECOMMENDATIONS, OF THE POLICIES, PROCEDURES AND PRACTICES MAINTAINED AND IMPLEMENTED BY THE FIRM PURSUANT TO SECTION 15(G) OF THE EXCHANGE ACT THAT RELATE TO THE FINDINGS OF THE ORDER.
Other filed details
Description of allegations — filed text
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT THE HUDDLES PROGRAM OF GOLDMAN, SACHS & CO. (THE "FIRM") -A PRACTICE WHERE THE FIRM'S EQUITY RESEARCH ANALYSTS ALLEGEDLY PROVIDED THEIR BEST TRADING IDEAS TO FIRM TRADERS AND A SELECT GROUP OF THE FIRM'S TOP CLIENTS-CREATED A SERIOUS AND SUBSTANTIAL RISK THAT ANALYSTS WOULD SHARE MATERIAL NONPUBLIC INFORMATION CONCERNING THEIR PUBLISHED RESEARCH WITH ASYMMETRIC SERVICE INITIATIVE ("ASI") CLIENTS AND FIRM TRADERS. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED SECTION 15(G) OF THE EXCHANGE ACT BY FAILING ESTABLISH, MAINTAIN, AND ENFORCE ADEQUATE POLICIES AND PROCEDURES TO PREVENT SUCH MISUSE IN LIGHT OF THE RISKS ARISING FROM THE HUDDLES AND ASI.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A TOTAL CIVIL MONEY PENALTY OF $22 MILLION WHICH WAS PAID ON APRIL 19, 2012, $11 MILLION OF WHICH WAS PAID TO THE FINANCIAL INDUSTRY REGULATORY AUTHORITY IN A RELATED PROCEEDING, AND $11 MILLION OF WHICH WAS PAID TO THE SEC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
04/12/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-14845
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT THE HUDDLES PROGRAM OF GOLDMAN, SACHS & CO. (THE "FIRM")
-A PRACTICE WHERE THE FIRM'S EQUITY RESEARCH ANALYSTS ALLEGEDLY PROVIDED THEIR BEST TRADING IDEAS TO FIRM TRADERS AND A SELECT
GROUP OF THE FIRM'S TOP CLIENTS-CREATED A SERIOUS AND SUBSTANTIAL RISK THAT ANALYSTS WOULD SHARE MATERIAL NONPUBLIC INFORMATION
CONCERNING THEIR PUBLISHED RESEARCH WITH ASYMMETRIC SERVICE INITIATIVE ("ASI") CLIENTS AND FIRM TRADERS. THE SEC ALLEGED THAT THE
FIRM WILLFULLY VIOLATED SECTION 15(G) OF THE EXCHANGE ACT BY FAILING ESTABLISH, MAINTAIN, AND ENFORCE ADEQUATE POLICIES AND
PROCEDURES TO PREVENT SUCH MISUSE IN LIGHT OF THE RISKS ARISING FROM THE HUDDLES AND ASI.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
04/12/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 22,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A TOTAL CIVIL MONEY PENALTY OF $22 MILLION WHICH WAS
PAID ON APRIL 19, 2012, $11 MILLION OF WHICH WAS PAID TO THE FINANCIAL INDUSTRY REGULATORY AUTHORITY IN A RELATED PROCEEDING,
AND $11 MILLION OF WHICH WAS PAID TO THE SEC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE-
AND-DESIST PROCEEDINGS PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS AND A CEASE AND DESIST ORDER ON APRIL 12, 2012 (THE "ORDER") BY THE SEC PURSUANT TO WHICH FIRM (I) SHALL CEASE
AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15(G) OF THE EXCHANGE ACT; (II) IS
CENSURED; (III) PAID A TOTAL CIVIL MONEY PENALTY OF $22 MILLION ON APRIL 19, 2012, $11 MILLION OF WHICH WAS PAID TO THE FINANCIAL
INDUSTRY REGULATORY AUTHORITY IN A RELATED PROCEEDING, AND $11 MILLION OF WHICH WAS PAID TO THE SEC, AND (IV) SHALL COMPLY WITH
CERTAIN OTHER UNDERTAKINGS, INCLUDING A COMPREHENSIVE REVIEW, INCLUDING RECOMMENDATIONS, OF THE POLICIES, PROCEDURES AND
PRACTICES MAINTAINED AND IMPLEMENTED BY THE FIRM PURSUANT TO SECTION 15(G) OF THE EXCHANGE ACT THAT RELATE TO THE FINDINGS OF THE
ORDER.regulatory · block 81PDF pages 620–622
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 22,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON APRIL 12, 2012 (THE "AWC") WITH FINRA PURSUANT TO WHICH THE FIRM CONSENTED TO (I) A CENSURE; (II) A FINE IN THE AMOUNT OF $22 MILLION, WHICH WAS PAID ON APRIL 19, 2012, OF WHICH $11 MILLION WAS PAID ACCORDING TO AN ADMINISTRATIVE ORDER ISSUED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION RELATING TO ITS INVESTIGATION OF THE FIRM'S TRADING HUDDLES; AND (III) UNDERTAKE A COMPREHENSIVE REVIEW OF THE FIRM'S SUPERVISORY AND COMPLIANCE POLICIES AND PROCEDURES CONCERNING THE ALLEGEDLY VIOLATIVE CONDUCT ADDRESSED IN THE AWC.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") HAS ALLEGED THAT A FORMALIZED BUSINESS PROCESS AT GOLDMAN, SACHS & CO. (THE "FIRM") KNOWN AS TRADING HUDDLES AS WELL ITS ASYMMETRIC SERVICE INITIATIVE ("ASI") CREATED A SUBSTANTIAL RISK THAT MATERIAL NON- PUBLIC INFORMATION CONCERNING RESEARCH ANALYSTS' PUBLISHED RESEARCH COULD BE DISCLOSED TO CERTAIN PRIORITY CLIENTS. FINRA FURTHER ALLEGED THAT THE FIRM VIOLATED (I) NASD RULES 3010 AND 2110 AND FINRA RULE 2010 BY INSTITUTIONALIZING TRADING HUDDLES AND ASI WITHOUT ESTABLISHING ADEQUATE POLICIES, PROCEDURES AND CONTROLS; (II) NASD RULES 3010 AND 2110 AND FINRA RULE 2010 BY FAILING TO ESTABLISH, MAINTAIN AND ENFORCE REASONABLE SYSTEMS AND PROCEDURES TO SUPERVISE RESEARCH ANALYST COMMUNICATIONS TO PREVENT AND DETECT THE PREVIEWING OF MATERIAL NON-PUBLIC CHANGES TO AN ANALYST'S PUBLISHED RESEARCH BY EQUITY RESEARCH ANALYSTS AND TO MONITOR FOR POSSIBLE TRADING IN ADVANCE OF PUBLISHED RESEARCH OR CONVICTION LIST CHANGES; AND (III) FINRA RULES 5280 AND 2010 BY FAILING TO ESTABLISH AND MAINTAIN POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT TRADING AHEAD OF RESEARCH REPORTS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $22 MILLION WHICH WAS PAID ON APRIL 19, 2012, OF WHICH $11 MILLION WAS PAID ACCORDING TO AN ADMINISTRATIVE ORDER ISSUED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION RELATING TO ITS INVESTIGATION OF THE FIRM'S TRADING HUDDLES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
04/12/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2009019301201
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") HAS ALLEGED THAT A FORMALIZED BUSINESS PROCESS AT GOLDMAN, SACHS & CO. (THE
"FIRM") KNOWN AS TRADING HUDDLES AS WELL ITS ASYMMETRIC SERVICE INITIATIVE ("ASI") CREATED A SUBSTANTIAL RISK THAT MATERIAL NON-
PUBLIC INFORMATION CONCERNING RESEARCH ANALYSTS' PUBLISHED RESEARCH COULD BE DISCLOSED TO CERTAIN PRIORITY CLIENTS. FINRA
FURTHER ALLEGED THAT THE FIRM VIOLATED (I) NASD RULES 3010 AND 2110 AND FINRA RULE 2010 BY INSTITUTIONALIZING TRADING HUDDLES AND
ASI WITHOUT ESTABLISHING ADEQUATE POLICIES, PROCEDURES AND CONTROLS; (II) NASD RULES 3010 AND 2110 AND FINRA RULE 2010 BY FAILING
TO ESTABLISH, MAINTAIN AND ENFORCE REASONABLE SYSTEMS AND PROCEDURES TO SUPERVISE RESEARCH ANALYST COMMUNICATIONS TO PREVENT
AND DETECT THE PREVIEWING OF MATERIAL NON-PUBLIC CHANGES TO AN ANALYST'S PUBLISHED RESEARCH BY EQUITY RESEARCH ANALYSTS AND TO
MONITOR FOR POSSIBLE TRADING IN ADVANCE OF PUBLISHED RESEARCH OR CONVICTION LIST CHANGES; AND (III) FINRA RULES 5280 AND 2010 BY
FAILING TO ESTABLISH AND MAINTAIN POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT TRADING AHEAD OF RESEARCH REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/12/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 22,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $22 MILLION WHICH WAS PAID ON
APRIL 19, 2012, OF WHICH $11 MILLION WAS PAID ACCORDING TO AN ADMINISTRATIVE ORDER ISSUED BY THE U.S. SECURITIES AND EXCHANGE
COMMISSION RELATING TO ITS INVESTIGATION OF THE FIRM'S TRADING HUDDLES.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ON APRIL 12, 2012
(THE "AWC") WITH FINRA PURSUANT TO WHICH THE FIRM CONSENTED TO (I) A CENSURE; (II) A FINE IN THE AMOUNT OF $22 MILLION, WHICH WAS
PAID ON APRIL 19, 2012, OF WHICH $11 MILLION WAS PAID ACCORDING TO AN ADMINISTRATIVE ORDER ISSUED BY THE U.S. SECURITIES AND
EXCHANGE COMMISSION RELATING TO ITS INVESTIGATION OF THE FIRM'S TRADING HUDDLES; AND (III) UNDERTAKE A COMPREHENSIVE REVIEW OF
THE FIRM'S SUPERVISORY AND COMPLIANCE POLICIES AND PROCEDURES CONCERNING THE ALLEGEDLY VIOLATIVE CONDUCT ADDRESSED IN THE
AWC.regulatory · block 82GOLDMAN SACHS INTERNATIONALPDF pages 622–624
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $40,000, WHICH WAS MADE FINAL ON MAY 21, 2012. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID BY SUBMISSION OF A WIRE ON JUNE 7, 2012.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MARCH, 2012, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT SEVENTY-TWO SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $40,000, WHICH WAS MADE FINAL ON MAY 21, 2012. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID BY SUBMISSION OF A WIRE ON JUNE 7, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/13/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012-404B-017
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MARCH, 2012, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
SEVENTY-TWO SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/21/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $40,000, WHICH WAS MADE FINAL ON MAY 21, 2012. THE ASSESSMENT AMOUNT WAS
BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID BY SUBMISSION OF A WIRE ON JUNE 7, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $40,000, WHICH WAS MADE FINAL ON MAY 21, 2012. THE ASSESSMENT AMOUNT WAS BILLED IN
AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID BY SUBMISSION OF A WIRE ON JUNE 7, 2012.regulatory · block 83PDF pages 624–626
- Regulator name — filed text
- NYSE ARCA, INC.
- Monetary/Fine Amount — filed text
- $ 671,305.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT AND CONSENT WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE ARCA HEARING BOARD ON SEPTEMBER 20, 2012 AND ON OCTOBER 2, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $671,305. THE OFFER OF SETTLEMENT AND CONSENT IS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC (BOX - A FACILITY OF NASDAQ OMX BX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); AND (VII) NYSE AMEX LLC (NYSE AMEX).
Other filed details
Description of allegations — filed text
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND JUNE 2011, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NYSE ARCA, INC. ("NYSE ARCA") OPTIONS RULES 6.68, 11.1(B) AND 11.16(A), AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NYSE ARCA OPTIONS RULE 11.18.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO NYSE ARCA AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $671,305 WAS PAID TO NYSE ARCA BY SUBMISSION OF A WIRE ON OCTOBER 2, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE ARCA, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/03/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
12-ARCA-8
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE
REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND JUNE 2011,
IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS
EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NYSE ARCA, INC. ("NYSE ARCA") OPTIONS RULES
6.68, 11.1(B) AND 11.16(A), AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II)
FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY
DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NYSE ARCA OPTIONS RULE
11.18.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/20/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 671,305.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO NYSE ARCA AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $671,305 WAS PAID TO NYSE ARCA BY SUBMISSION OF A WIRE ON
OCTOBER 2, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT
AND CONSENT WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE ARCA HEARING BOARD ON SEPTEMBER 20, 2012 AND ON OCTOBER
2, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $671,305. THE OFFER OF SETTLEMENT AND CONSENT IS
CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS
EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC
(BOX - A FACILITY OF NASDAQ OMX BX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) INTERNATIONAL
SECURITIES EXCHANGE, LLC (ISE); AND (VII) NYSE AMEX LLC (NYSE AMEX).regulatory · block 84PDF pages 626–628
- Regulator name — filed text
- NYSE MKT LLC
- Monetary/Fine Amount — filed text
- $ 443,700.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE MKT LLC (SUCCESSOR TO NYSE AMEX) HEARING BOARD ON SEPTEMBER 20, 2012 AND BECAME FINAL ON OCTOBER 15, 2012. ON OCTOBER 19, 2012, THE FIRM SUBMITTED A WIRE TO FINRA IN PAYMENT OF THE FINE IN THE AMOUNT OF $443,700. THE STIPULATION OF FACTS AND CONSENT TO PENALTY WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); AND (VII) NYSE ARCA, INC. (NYSE ARCA).
Other filed details
Description of allegations — filed text
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND JUNE 2011, MISMARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NYSE AMEX LLC ("NYSE AMEX") RULES 16, 324, 956NY(A) AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NYSE AMEX RULE 320.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO NYSE AMEX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $443,700 WAS PAID TO FINRA BY SUBMISSION OF A WIRE ON OCTOBER 19, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE MKT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/03/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
12-NYSE MKT-6
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE LEGAL SECTION OF THE MARKET REGULATION DEPARTMENT AT THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, ON BEHALF OF NYSE
REGULATION, INC., ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND JUNE 2011,
MISMARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY
THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NYSE AMEX LLC ("NYSE AMEX") RULES 16, 324, 956NY(A) AND
SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY
SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE
WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NYSE AMEX RULE 320.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
10/15/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 443,700.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO NYSE AMEX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $443,700 WAS PAID TO FINRA BY SUBMISSION OF A WIRE ON
OCTOBER 19, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A STIPULATION OF FACTS
AND CONSENT TO PENALTY WITH NYSE REGULATION, INC., WHICH WAS APPROVED BY THE NYSE MKT LLC (SUCCESSOR TO NYSE AMEX) HEARING
BOARD ON SEPTEMBER 20, 2012 AND BECAME FINAL ON OCTOBER 15, 2012. ON OCTOBER 19, 2012, THE FIRM SUBMITTED A WIRE TO FINRA IN
PAYMENT OF THE FINE IN THE AMOUNT OF $443,700. THE STIPULATION OF FACTS AND CONSENT TO PENALTY WAS CONDITIONED UPON ACCEPTANCE
OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO
BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE NASDAQ OPTIONS
MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); AND (VII) NYSE ARCA, INC. (NYSE ARCA).regulatory · block 85GOLDMAN SACHS SAUDI ARABIAPDF pages 628–630
- Advisory affiliate name — filed text
- GOLDMAN SACHS SAUDI ARABIA
- Regulator name — filed text
- CAPITAL MARKET AUTHORITY OF SAUDI ARABIA
- Monetary/Fine Amount — filed text
- $ 23,999.04
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 90,000 SAUDI RIYALS (SR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 29, 2012. THE RESOLUTION STIPULATED IT IS NECESSARY TO DISCUSS THE MATTER OF VIOLATIONS AT THE NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA TO SET THE MEASURES AND MECHANISMS REQUIRED TO PREVENT REOCCURRENCE IN THE FUTURE.
Other filed details
Description of allegations — filed text
IN A LETTER DATED AUGUST 7, 2012 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY (THE "CMA"), WITH REFERENCE TO THE PERIODIC INSPECTION VISIT PAID TO GSSA BY CMA BETWEEN JANUARY 7, 2012 TO JANUARY 25, 2012, CMA INFORMED GSSA OF A BOARD OF CMA RESOLUTION (THE "RESOLUTION"), ALLEGING: (A) A LACK OF A COMPLIANCE OFFICER AT GSSA FROM AUGUST 14, 2010 TO FEBRUARY 13, 2011; (B) THE LACK OF A BANK ACCOUNT WITH A LOCAL BANK FOR THE PURPOSE OF KEEPING THE FUNDS OF CMA CLIENTS; (C) NON-DISCLOSURE TO A CMA CLIENT OF CERTAIN FEES AND COMMISSIONS CHARGED BEFORE PROVIDING CERTAIN SECURITIES SERVICES TO THE CLIENT; (D) NOT INCLUDING IN THE CUSTODIAN'S AGREEMENT SIGNED WITH CERTAIN BRANCHES OF GSSA CERTAIN CONDITIONS STATED IN THE PARAGRAPH REFERRED TO; AND (E) NOT SETTING APPROPRIATE MEASURES TO MAINTAIN A CLEAR AND APPROPRIATE DIVISION OF RESPONSIBILITIES AMONG THE MEMBERS OF THE BOARD OF DIRECTORS, PARTNERS OR SENIOR MANAGEMENT OF CMA, IN ALLEGED VIOLATION OF ARTICLES 20(B)(3), 10(C), 46, 89(A) AND 53(A), RESPECTIVELY, OF THE CMA AUTHORIZED PERSONS REGULATIONS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 90,000 SAUDI RIYALS (SR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 29, 2012. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI RIYALS, USING THE FOREIGN EXCHANGE SPOT RATE OF SR1:US$0.266656 AS OF AUGUST 29, 2012, THE EQUIVALENT US DOLLAR VALUE ON AUGUST 29, 2012 WAS US$23,999.04, WHICH IS THE AMOUNT REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS SAUDI
ARABIA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CAPITAL MARKET AUTHORITY OF SAUDI ARABIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/07/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
7/4498
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A LETTER DATED AUGUST 7, 2012 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY
(THE "CMA"), WITH REFERENCE TO THE PERIODIC INSPECTION VISIT PAID TO GSSA BY CMA BETWEEN JANUARY 7, 2012 TO JANUARY 25, 2012, CMA
INFORMED GSSA OF A BOARD OF CMA RESOLUTION (THE "RESOLUTION"), ALLEGING: (A) A LACK OF A COMPLIANCE OFFICER AT GSSA FROM AUGUST
14, 2010 TO FEBRUARY 13, 2011; (B) THE LACK OF A BANK ACCOUNT WITH A LOCAL BANK FOR THE PURPOSE OF KEEPING THE FUNDS OF CMA
CLIENTS; (C) NON-DISCLOSURE TO A CMA CLIENT OF CERTAIN FEES AND COMMISSIONS CHARGED BEFORE PROVIDING CERTAIN SECURITIES SERVICES
TO THE CLIENT; (D) NOT INCLUDING IN THE CUSTODIAN'S AGREEMENT SIGNED WITH CERTAIN BRANCHES OF GSSA CERTAIN CONDITIONS STATED IN
THE PARAGRAPH REFERRED TO; AND (E) NOT SETTING APPROPRIATE MEASURES TO MAINTAIN A CLEAR AND APPROPRIATE DIVISION OF
RESPONSIBILITIES AMONG THE MEMBERS OF THE BOARD OF DIRECTORS, PARTNERS OR SENIOR MANAGEMENT OF CMA, IN ALLEGED VIOLATION OF
ARTICLES 20(B)(3), 10(C), 46, 89(A) AND 53(A), RESPECTIVELY, OF THE CMA AUTHORIZED PERSONS REGULATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/07/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 23,999.04
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
THE RESOLUTION STIPULATED IT IS NECESSARY TO DISCUSS THE MATTER OF VIOLATIONS AT THE NEXT MEETING OF THE BOARD OF DIRECTORS
OF GSSA TO SET THE MEASURES AND MECHANISMS REQUIRED TO PREVENT REOCCURRENCE IN THE FUTURE.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF
90,000 SAUDI RIYALS (SR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 29, 2012. WHILE THE ACTUAL PAYMENT WAS MADE IN
SAUDI RIYALS, USING THE FOREIGN EXCHANGE SPOT RATE OF SR1:US$0.266656 AS OF AUGUST 29, 2012, THE EQUIVALENT US DOLLAR VALUE
ON AUGUST 29, 2012 WAS US$23,999.04, WHICH IS THE AMOUNT REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF
90,000 SAUDI RIYALS (SR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 29, 2012. THE RESOLUTION STIPULATED IT IS NECESSARY TO
DISCUSS THE MATTER OF VIOLATIONS AT THE NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA TO SET THE MEASURES AND MECHANISMS
REQUIRED TO PREVENT REOCCURRENCE IN THE FUTURE.regulatory · block 86PDF pages 630–632
- Regulator name — filed text
- PENNSYLVANNIA SECURITIES COMMISSION
- Monetary/Fine Amount — filed text
- $ 221,331.78
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINSITRATIVE PROCEEDING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION ON SEPTEMBER 5, 2012 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $221,331.78 TO THE PENNSYLVANIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON SEPTEMBER 17, 2012.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE PENNSYLVANIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE PROCEEDING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER, THE PENNSYLVANIA SECURITIES COMMISSION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINSITRATIVE PROCEEDING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION ON SEPTEMBER 5, 2012 IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $221,331.78 TO THE PENNSYLVANIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON SEPTEMBER 17, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
PENNSYLVANNIA SECURITIES COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
09/05/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010-07-13
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE PENNSYLVANIA SECURITIES COMMISSION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION
INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE PROCEEDING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER, THE
PENNSYLVANIA SECURITIES COMMISSION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND
SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/05/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 221,331.78
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINSITRATIVE PROCEEDING, FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION ON SEPTEMBER 5, 2012 IN WHICH IT AGREED, AS PART
OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING
$221,331.78 TO THE PENNSYLVANIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON SEPTEMBER 17, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINSITRATIVE PROCEEDING, FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER WITH THE PENNSYLVANIA SECURITIES COMMISSION ON SEPTEMBER 5, 2012 IN WHICH IT AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $221,331.78 TO THE
PENNSYLVANIA SECURITIES COMMISSION, WHICH AMOUNT WAS PAID ON SEPTEMBER 17, 2012.regulatory · block 87PDF pages 632–634
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 3,750,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF CONSENT WHICH WAS APPROVED BY THE CBOE BUSINESS CONDUCT COMMITTEE ON SEPTEMBER 20, 2012 AND ON SEPTEMBER 27, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $3,750,000. THE LETTER OF CONSENT IS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES (I) BATS EXCHANGE, INC. (BATS); (II) BOSTON OPTIONS EXCHANGE REGULATION, LLC (BOXR); (III) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
THE CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE APPROXIMATE PERIOD FROM IN OR ABOUT JANUARY 2004 THROUGH IN OR ABOUT MAY 2010, MISMARKED CERTAIN OPTIONS ORDERS WITH AN IMPROPER ORIGIN CODE RESULTING IN THE EXECUTION OF ORDERS AND CROSSES, SOME OF WHICH MAY HAVE BEEN AFFORDED PRIORITY TO WHICH THEY WERE NOT ENTITLED, IN ALLEGED VIOLATION OF CBOE RULES 4.1, 4.2, 4.22, 6.51, 6.74, 15.1 AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO MAINTAIN SUPERVISORY SYSTEMS AND CONTROLS THAT WERE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH CBOE RULES RELATING TO ORDER ENTRY, IN ALLEGED VIOLATION OF CBOE RULE 4.2.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO CBOE AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $3,750,000 WAS PAID TO CBOE BY SUBMISSION OF A WIRE ON SEPTEMBER 27, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/20/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
12-0008
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE
APPROXIMATE PERIOD FROM IN OR ABOUT JANUARY 2004 THROUGH IN OR ABOUT MAY 2010, MISMARKED CERTAIN OPTIONS ORDERS WITH AN
IMPROPER ORIGIN CODE RESULTING IN THE EXECUTION OF ORDERS AND CROSSES, SOME OF WHICH MAY HAVE BEEN AFFORDED PRIORITY TO WHICH
THEY WERE NOT ENTITLED, IN ALLEGED VIOLATION OF CBOE RULES 4.1, 4.2, 4.22, 6.51, 6.74, 15.1 AND SECTION 17(A) OF THE SECURITIES
EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO MAINTAIN SUPERVISORY SYSTEMS AND CONTROLS THAT
WERE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH CBOE RULES RELATING TO ORDER ENTRY, IN ALLEGED VIOLATION OF CBOE RULE 4.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/20/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,750,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO CBOE AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $3,750,000 WAS PAID TO CBOE BY SUBMISSION OF A WIRE ON
SEPTEMBER 27, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF CONSENT
WHICH WAS APPROVED BY THE CBOE BUSINESS CONDUCT COMMITTEE ON SEPTEMBER 20, 2012 AND ON SEPTEMBER 27, 2012, THE FIRM SUBMITTED
A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $3,750,000. THE LETTER OF CONSENT IS CONDITIONED UPON ACCEPTANCE OF PARALLEL
SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES (I) BATS EXCHANGE, INC. (BATS); (II)
BOSTON OPTIONS EXCHANGE REGULATION, LLC (BOXR); (III) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (IV) THE NASDAQ OPTIONS MARKET
(NOM); (V) NASDAQ OMX PHLX, INC. (PHLX): (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).regulatory · block 88PDF pages 634–636
- Regulator name — filed text
- NASDAQ OMX BX, INC.
- Monetary/Fine Amount — filed text
- $ 297,428.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY FINRA ON SEPTEMBER 14, 2012 AND ON OCTOBER 16, 2012, THE FIRM SUBMITTED A WIRE TO BOX IN PAYMENT OF THE FINE IN THE AMOUNT OF $297,428. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) THE NASDAQ OPTIONS MARKET (NOM); (IV) BATS EXCHANGE, INC. (BATS); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NASDAQ OMX BX, INC. ("BOX") TRADING RULES CHAPTER V, SECTIONS 1 AND 15, AND CHAPTER VIII, SECTION 1; AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF BOX TRADING RULES CHAPTER III, SECTIONS 1 AND 2, AND CHAPTER V, SECTION 1.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO BOX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $297,428 WAS PAID BY SUBMISSION OF A WIRE TO BOX ON OCTOBER 16, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ OMX BX, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/14/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010023504101
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS
"CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN
ALLEGED VIOLATION OF NASDAQ OMX BX, INC. ("BOX") TRADING RULES CHAPTER V, SECTIONS 1 AND 15, AND CHAPTER VIII, SECTION 1; AND SECTION
17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS
AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE
EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF BOX TRADING RULES CHAPTER III, SECTIONS 1 AND 2, AND CHAPTER V,
SECTION 1.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/14/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 297,428.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO BOX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $297,428 WAS PAID BY SUBMISSION OF A WIRE TO BOX ON OCTOBER 16,
2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY FINRA ON SEPTEMBER 14, 2012 AND ON OCTOBER 16, 2012, THE FIRM
SUBMITTED A WIRE TO BOX IN PAYMENT OF THE FINE IN THE AMOUNT OF $297,428. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL
SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS
EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) THE NASDAQ OPTIONS MARKET (NOM); (IV) BATS EXCHANGE, INC. (BATS); (V)
INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).regulatory · block 89PDF pages 636–638
- Regulator name — filed text
- NASDAQ OPTIONS MARKET
- Monetary/Fine Amount — filed text
- $ 63,507.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY FINRA ON SEPTEMBER 14, 2012, AND ON OCTOBER 22, 2012, THE FIRM SUBMITTED A CHECK TO NOM IN PAYMENT OF THE FINE IN THE AMOUNT OF $63,507. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) BATS EXCHANGE, INC. (BATS); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN MARCH 2008 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF NASDAQ OPTIONS MARKET, LLC ("NOM") RULES CHAPTER V, SECTIONS 1(B)(III) AND SECTION 7(A), AND CHAPTER IX, SECTION 1; AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NOM RULES CHAPTER III, SECTIONS 1 AND 2(A)(I).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO NOM AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $63,507 WAS PAID BY SUBMISSION OF A CHECK TO NOM ON OCTOBER 22, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ OPTIONS MARKET
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/14/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010023504102
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM"): (I) DURING THE PERIOD BETWEEN MARCH 2008 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS
"CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN
ALLEGED VIOLATION OF NASDAQ OPTIONS MARKET, LLC ("NOM") RULES CHAPTER V, SECTIONS 1(B)(III) AND SECTION 7(A), AND CHAPTER IX, SECTION
1; AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE
SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE
COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF NOM RULES CHAPTER III, SECTIONS 1 AND 2(A)(I).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/14/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 63,507.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO NOM AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $63,507 WAS PAID BY SUBMISSION OF A CHECK TO NOM ON OCTOBER 22,
2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY FINRA ON SEPTEMBER 14, 2012, AND ON OCTOBER 22, 2012, THE FIRM
SUBMITTED A CHECK TO NOM IN PAYMENT OF THE FINE IN THE AMOUNT OF $63,507. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL
SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS
EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) BATS EXCHANGE, INC. (BATS); (V)
INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).regulatory · block 90PDF pages 638–639
- Regulator name — filed text
- NASDAQ OMX PHLX, LLC
- Monetary/Fine Amount — filed text
- $ 448,459.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE PHLX BUSINESS CONDUCT COMMITTEE ON SEPTEMBER 25, 2012, AND ON OCTOBER 22, 2012, THE FIRM SUBMITTED A CHECK TO PHLX IN PAYMENT OF THE FINE IN THE AMOUNT OF $448,459. THE OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (NYSE AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
NASDAQ OMX PHLX, LLC. ("PHLX") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"), DURING THE PERIOD BETWEEN JANUARY 2004 AND MAY 2010 (THE "RELEVANT PERIOD"): (I) IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF PHLX RULES 707, 760 AND 785, AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO REMEDIATE CERTAIN CODING DEFICIENCIES UNTIL AFTER THE RELEVANT PERIOD, AND TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, EACH IN ALLEGED VIOLATION OF PHLX RULE 748(G).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO PHLX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $448,459 WAS PAID BY SUBMISSION OF A CHECK TO PHLX ON OCTOBER 22, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ OMX PHLX, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/25/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012-09
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDAQ OMX PHLX, LLC. ("PHLX") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"), DURING THE PERIOD BETWEEN JANUARY 2004 AND MAY 2010
(THE "RELEVANT PERIOD"): (I) IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY
ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF PHLX RULES 707, 760 AND
785, AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO REMEDIATE
CERTAIN CODING DEFICIENCIES UNTIL AFTER THE RELEVANT PERIOD, AND TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A
SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE
REQUIREMENTS, EACH IN ALLEGED VIOLATION OF PHLX RULE 748(G).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
09/25/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 448,459.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO PHLX AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $448,459 WAS PAID BY SUBMISSION OF A CHECK TO PHLX ON OCTOBER
22, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO AN OFFER OF SETTLEMENT,
STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE PHLX BUSINESS CONDUCT COMMITTEE ON SEPTEMBER 25, 2012, AND ON OCTOBER
22, 2012, THE FIRM SUBMITTED A CHECK TO PHLX IN PAYMENT OF THE FINE IN THE AMOUNT OF $448,459. THE OFFER OF SETTLEMENT, STIPULATION
OF FACTS AND CONSENT TO SANCTIONS WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS
BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE,
INC. (BATS); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC
(ISE); (VI) NYSE AMEX LLC (NYSE AMEX); AND (VII) NYSE ARCA, INC. (ARCA).regulatory · block 91MTGLQ INVESTORS, L.P.PDF pages 640–641
- Advisory affiliate name — filed text
- MTGLQ INVESTORS, L.P.
- Regulator name — filed text
- ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING
- Monetary/Fine Amount — filed text
- $ 4,500.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
MTGLQ HAS NOT CONDUCTED ANY ACTIVITY REQUIRING THE ILLINOIS LICENSE SINCE MAY 23, 2012 AND REQUESTED THAT THE DEPARTMENT RESCIND THE ORDER AND RENEW ITS LICENSE. BY ORDER DATED OCTOBER 26, 2012, THE DEPARTMENT RESCINDED THE PRIOR ORDER, AND ACKNOWLEDGED THAT MTGLQ HAS COMPLETED ITS RESIDENTIAL MORTGAGE LICENSE RENEWAL APPLICATION FOR CALENDAR YEAR 2012 AND IS IN COMPLIANCE WITH THE ACT.
Other filed details
Description of allegations — filed text
THE STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING (THE "DEPARTMENT"), ALLEGED THAT: (I) IN ITS APPLICATION TO RENEW ITS RESIDENTIAL MORTGAGE LICENSE FOR 2011 AND 2012, MTGLQ INVESTORS, L.P. ("MTGLQ") SUBMITTED DEFICIENT FINANCIAL STATEMENTS, AND (II) MTGLQ DID NOT RESPOND TO NOTICES FROM THE DEPARTMENT NOTIFYING MTGLQ OF THESE DEFICIENCIES AND CERTAIN ADDITIONAL DEFICIENCIES, NOR DID IT OTHERWISE REMEDY THE NOTED DEFICIENCIES. AS A RESULT THE DEPARTMENT ALLEGED THAT MTGLQ VIOLATED SECTIONS 2-2, 2-4(D) & (T), 2-6, 3-2, 3-5, AND 4-5(I)(11) & (17) OF THE ILLINOIS RESIDENTIAL MORTGAGE LICENSE ACT OF 1987 (THE "ACT") AND SECTIONS 1050.320 AND 1050.430 OF THE RULES PROMULGATED UNDER THE ACT.
Sanction detail — filed text
ON MAY 23, 2012, THE DEPARTMENT ENTERED AN ORDER REFUSING TO RENEW LICENSE AND ASSESSING FINE (THE "ORDER"). THE DEPARTMENT REFUSED TO RENEW AND DENIED MTGLQ'S RESIDENTIAL MORTGAGE LICENSE RENEWAL FOR 2012, AND ASSESSED A $4,500 FINE AGAINST MTGLQ, WHICH WAS PAID BY SUBMISSION OF A CHECK ON OCTOBER 30, 2012. BY ORDER DATED OCTOBER 26, 2012, THE DEPARTMENT RESCINDED THE PRIOR ORDER, AND ACKNOWLEDGED THAT MTGLQ HAS COMPLETED ITS RESIDENTIAL MORTGAGE LICENSE RENEWAL APPLICATION FOR CALENDAR YEAR 2012 AND IS IN COMPLIANCE WITH THE ACT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
MTGLQ INVESTORS, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
DENIAL; REFUSAL TO RENEW LICENSE
3.
Date Initiated (MM/DD/YYYY):
05/23/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012-MBR-11
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF BANKING (THE "DEPARTMENT"), ALLEGED THAT: (I)
IN ITS APPLICATION TO RENEW ITS RESIDENTIAL MORTGAGE LICENSE FOR 2011 AND 2012, MTGLQ INVESTORS, L.P. ("MTGLQ") SUBMITTED DEFICIENT
FINANCIAL STATEMENTS, AND (II) MTGLQ DID NOT RESPOND TO NOTICES FROM THE DEPARTMENT NOTIFYING MTGLQ OF THESE DEFICIENCIES AND
CERTAIN ADDITIONAL DEFICIENCIES, NOR DID IT OTHERWISE REMEDY THE NOTED DEFICIENCIES. AS A RESULT THE DEPARTMENT ALLEGED THAT
MTGLQ VIOLATED SECTIONS 2-2, 2-4(D) & (T), 2-6, 3-2, 3-5, AND 4-5(I)(11) & (17) OF THE ILLINOIS RESIDENTIAL MORTGAGE LICENSE ACT OF 1987
(THE "ACT") AND SECTIONS 1050.320 AND 1050.430 OF THE RULES PROMULGATED UNDER THE ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
05/23/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
REFUSAL TO RENEW LICENSE
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON MAY 23, 2012, THE DEPARTMENT ENTERED AN ORDER REFUSING TO RENEW LICENSE AND ASSESSING FINE (THE "ORDER"). THE DEPARTMENT
REFUSED TO RENEW AND DENIED MTGLQ'S RESIDENTIAL MORTGAGE LICENSE RENEWAL FOR 2012, AND ASSESSED A $4,500 FINE AGAINST
MTGLQ, WHICH WAS PAID BY SUBMISSION OF A CHECK ON OCTOBER 30, 2012. BY ORDER DATED OCTOBER 26, 2012, THE DEPARTMENT
RESCINDED THE PRIOR ORDER, AND ACKNOWLEDGED THAT MTGLQ HAS COMPLETED ITS RESIDENTIAL MORTGAGE LICENSE RENEWAL
APPLICATION FOR CALENDAR YEAR 2012 AND IS IN COMPLIANCE WITH THE ACT.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MTGLQ HAS NOT CONDUCTED ANY ACTIVITY REQUIRING THE ILLINOIS LICENSE SINCE MAY 23, 2012 AND REQUESTED THAT THE DEPARTMENT RESCIND
THE ORDER AND RENEW ITS LICENSE. BY ORDER DATED OCTOBER 26, 2012, THE DEPARTMENT RESCINDED THE PRIOR ORDER, AND ACKNOWLEDGED
THAT MTGLQ HAS COMPLETED ITS RESIDENTIAL MORTGAGE LICENSE RENEWAL APPLICATION FOR CALENDAR YEAR 2012 AND IS IN COMPLIANCE WITH
THE ACT.regulatory · block 92PDF pages 641–643
- Regulator name — filed text
- INTERNATIONAL SECURITIES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 1,074,788.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY ISE BUSINESS CONDUCT COMMITTEE AND A SUMMARY OF WHICH WAS PUBLISHED BY ISE ON SEPTEMBER 20, 2012, AND ON OCTOBER 19, 2012, THE FIRM SUBMITTED A WIRE TO ISE IN PAYMENT OF THE FINE IN THE AMOUNT OF $1,074,788. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS); (III) BOX OPTIONS EXCHANGE, LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY 2004 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF ISE RULES 400, 712(A), AND 1400(A), AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF ISE RULE 401.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO ISE AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $1,074,788 WAS PAID BY SUBMISSION OF A WIRE TO ISE ON OCTOBER 19, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INTERNATIONAL SECURITIES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
09/20/2012
Exact
Explanation
If not exact, provide explanation:
SUMMARY OF DISCIPLINARY ACTION PUBLISHED BY INTERNATIONAL SECURITIES EXCHANGE, LLC ON SEPTEMBER 20, 2012.
4.
Docket/Case Number:
20100235041
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
INTERNATIONAL SECURITIES EXCHANGE, LLC ("ISE") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN JANUARY
2004 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER
ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF ISE RULES 400, 712(A), AND
1400(A), AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE
SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE
COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF ISE RULE 401.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/20/2012
Exact
Explanation
If not exact, provide explanation:
SUMMARY OF DISCIPLINARY ACTION PUBLISHED BY INTERNATIONAL SECURITIES EXCHANGE, LLC ON SEPTEMBER 20, 2012.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,074,788.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO ISE AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $1,074,788 WAS PAID BY SUBMISSION OF A WIRE TO ISE ON OCTOBER 19,
2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS APPROVED BY ISE BUSINESS CONDUCT COMMITTEE AND A SUMMARY OF WHICH WAS
PUBLISHED BY ISE ON SEPTEMBER 20, 2012, AND ON OCTOBER 19, 2012, THE FIRM SUBMITTED A WIRE TO ISE IN PAYMENT OF THE FINE IN THE
AMOUNT OF $1,074,788. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN
THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) BATS EXCHANGE, INC. (BATS);
(III) BOX OPTIONS EXCHANGE, LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET (NOM); (V) NASDAQ OMX PHLX, INC. (PHLX); (VI) NYSE AMEX LLC
(AMEX); AND (VII) NYSE ARCA, INC. (ARCA).regulatory · block 93PDF pages 643–645
- Regulator name — filed text
- BATS Z-EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 813.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS ACCEPTED AND WHICH WAS PUBLISHED BY BATS ON SEPTEMBER 21, 2012, AND ON OCTOBER 22, 2012, THE FIRM SUBMITTED A CHECK TO BATS IN PAYMENT OF THE FINE IN THE AMOUNT OF $813.00. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I) THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE NASDAQ OPTIONS MARKET ("NOM"); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC. (ARCA).
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF BATS Z-EXCHANGE, INC. ("BATS"), ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN FEBRUARY 2010 AND MAY 2010, IMPROPERLY MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF BATS RULES CHAPTER III, RULE 3.1, CHAPTER IV, RULE 4.1, AND CHAPTER XXIV, RULES 24.1 AND 24.4(A); AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF BATS RULES CHAPTER V, RULES 5.1 AND 5.2, AND CHAPTER XVIII, RULE 18.1.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE, PAYABLE TO BATS AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $813.00 WAS PAID BY SUBMISSION OF A CHECK TO BATS ON OCTOBER 22, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BATS Z-EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/09/2012
Exact
Explanation
If not exact, provide explanation:
ACCEPTANCE, WAIVER AND CONSENT PUBLISHED BY BATS EXCHANGE, INC. ON SEPTEMBER 21, 2012.
4.
Docket/Case Number:
20100826
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF BATS Z-EXCHANGE, INC.
("BATS"), ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD BETWEEN FEBRUARY 2010 AND MAY 2010, IMPROPERLY
MARKED CERTAIN OPTIONS ORDERS ON THE EXCHANGE AS "CUSTOMER" THROUGH VARIOUS PROPRIETARY ORDER ENTRY SYSTEMS EMPLOYED BY THE
FIRM TO SEND OPTIONS ORDERS TO THE EXCHANGE, IN ALLEGED VIOLATION OF BATS RULES CHAPTER III, RULE 3.1, CHAPTER IV, RULE 4.1, AND
CHAPTER XXIV, RULES 24.1 AND 24.4(A); AND SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 17A-3 PROMULGATED
THEREUNDER AND (II) FAILED TO HAVE SUPERVISORY SYSTEMS AND CONTROLS IN PLACE, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND
REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE EXCHANGE'S ORIGIN CODE REQUIREMENTS, IN ALLEGED VIOLATION OF BATS
RULES CHAPTER V, RULES 5.1 AND 5.2, AND CHAPTER XVIII, RULE 18.1.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/09/2012
Exact
Explanation
If not exact, provide explanation:
ACCEPTANCE, WAIVER AND CONSENT PUBLISHED BY BATS EXCHANGE, INC. ON SEPTEMBER 21, 2012.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 813.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $6,750,000 IN THE AGGREGATE,
PAYABLE TO BATS AND SEVEN OTHER OPTION EXCHANGES, OF WHICH $813.00 WAS PAID BY SUBMISSION OF A CHECK TO BATS ON OCTOBER
22, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE AND CENSURE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS ACCEPTED AND WHICH WAS PUBLISHED BY BATS ON SEPTEMBER 21, 2012, AND ON
OCTOBER 22, 2012, THE FIRM SUBMITTED A CHECK TO BATS IN PAYMENT OF THE FINE IN THE AMOUNT OF $813.00. THE AWC WAS CONDITIONED
UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING OPTIONS EXCHANGES: (I)
THE CHICAGO BOARD OPTIONS EXCHANGE, INC. (CBOE); (II) NASDAQ OMX PHLX, INC. (PHLX); (III) BOSTON OPTIONS EXCHANGE LLC (BOX); (IV) THE
NASDAQ OPTIONS MARKET ("NOM"); (V) INTERNATIONAL SECURITIES EXCHANGE, LLC (ISE); (VI) NYSE AMEX LLC (AMEX); AND (VII) NYSE ARCA, INC.
(ARCA).regulatory · block 94PDF pages 645–647
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 3,750,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE FIRM AGREES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15B(C)(1) OF THE EXCHANGE ACT, MSRB RULE G 37(B), MSRB RULE G-17, MSRB RULE G-27, MSRB RULE G-37(E), MSRB RULE G-8 AND MSRB RULE G-9. THE FIRM IS CENSURED AND WILL PAY DISGORGEMENT OF $7,558,942 AND PREJUDGMENT INTEREST OF $670,033. OF THE $7,558,942 IN DISGORGEMENT, $2,120,547 WILL BE DEEMED SATISFIED BY RESPONDENT'S PAYMENT OF $1,512,902 TO THE COMMONWEALTH OF MASSACHUSETTS AND $607,645 TO THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST IN A RELATED ACTION BY THE COMMONWEALTH OF MASSACHUSETTS. THE REMAINING $5,438,395 AND PREJUDGMENT INTEREST OF $670,033 WILL BE PAID TO THE COMMISSION FOR REMITTANCE TO THE UNITED STATES TREASURY. FINALLY, THE ORDER REQUIRES THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $3,750,000 TO THE COMMISSION, OF WHICH $1,875,000 WILL BE TRANSFERRED TO THE MSRB IN ACCORDANCE WITH SECTION 15B(C)(9)(A) OF THE EXCHANGE ACT, AND OF WHICH THE REMAINING $1,875,000 WILL BE TRANSFERRED TO THE UNITED STATES TREASURY. THE DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL MONEY PENALTY WERE PAID IN FULL BY SUBMISSION OF A WIRE TO THE COMMISSION ON OCTOBER 3, 2012, AND BY SUBMISSION OF CHECKS TO THE COMMONWEALTH OF MASSACHUSETTS AND THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST ON OCTOBER 4, 2012.
Other filed details
Description of allegations — filed text
STARTING IN JULY 2008, NEIL M.M. MORRISON ("MORRISON") WAS EMPLOYED BY GOLDMAN, SACHS & CO. (THE "FIRM") TO SOLICIT MUNICIPAL UNDERWRITING BUSINESS FROM, AMONG OTHERS, THE COMMONWEALTH OF MASSACHUSETTS TREASURER'S OFFICE. FROM NOVEMBER 2008 TO OCTOBER 2010, MORRISON WAS ALSO SUBSTANTIALLY ENGAGED IN THE POLITICAL CAMPAIGNS, INCLUDING THE NOVEMBER 2010 MASSACHUSETTS GUBERNATORIAL CAMPAIGN, FOR TIMOTHY P. CAHILL ("CAHILL"), THE THEN-TREASURER OF MASSACHUSETTS. MORRISON WORKED ON CAHILL'S CAMPAIGN DURING WORK HOURS USING FIRM RESOURCES. MORRISON ALSO MADE A SECRET, UNDISCLOSED CASH CAMPAIGN CONTRIBUTION TO CAHILL. WITHIN TWO YEARS OF MORRISON'S CONTRIBUTIONS, THE FIRM ENGAGED IN MUNICIPAL SECURITIES BUSINESS WITH ISSUERS ASSOCIATED WITH CAHILL AS TREASURER AND AS A CANDIDATE FOR GOVERNOR. THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") ALLEGED THAT THE FIRM'S ENGAGEMENT IN MUNICIPAL SECURITIES BUSINESS WITH THESE ISSUERS VIOLATED SECTION 15B(C)(1) OF THE EXCHANGE ACT AND MSRB RULE G-37(B), AND THAT THE FIRM'S FAILURE TO MAINTAIN RECORDS OF AND TO REPORT IN REGULATORY FILINGS THE CONTRIBUTIONS AND CAMPAIGN WORK, AND TO TAKE STEPS TO ENSURE THAT THE ATTRIBUTED CONTRIBUTIONS, OR CAMPAIGN WORK OR THE CONFLICTS OF INTEREST RAISED BY THEM WERE DISCLOSED IN BOND OFFERING DOCUMENTS, VIOLATED MSRB RULES G-8, G-9, G-17, G-27 AND G-37. WITHOUT ADMITTING OR DENYING THE VIOLATIONS (EXCEPT AS TO THE COMMISSION'S JURISDICTION OVER IT AND THE SUBJECT MATTER OF THE PROCEEDINGS), THE FIRM CONSENTED TO THE ENTRY OF THE ORDER.
Sanction detail — filed text
THE FIRM AGREES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15B(C)(1) OF THE EXCHANGE ACT, MSRB RULE G 37(B), MSRB RULE G-17, MSRB RULE G-27, MSRB RULE G-37(E), MSRB RULE G-8 AND MSRB RULE G-9. THE FIRM IS CENSURED AND WILL PAY DISGORGEMENT OF $7,558,942 AND PREJUDGMENT INTEREST OF $670,033. OF THE $7,558,942 IN DISGORGEMENT, $2,120,547 WILL BE DEEMED SATISFIED BY RESPONDENT'S PAYMENT OF $1,512,902 TO THE COMMONWEALTH OF MASSACHUSETTS AND $607,645 TO THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST IN A RELATED ACTION BY THE COMMONWEALTH OF MASSACHUSETTS. THE REMAINING $5,438,395 AND PREJUDGMENT INTEREST OF $670,033 WILL BE PAID TO THE COMMISSION FOR REMITTANCE TO THE UNITED STATES TREASURY. FINALLY, THE ORDER REQUIRES THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $3,750,000 TO THE COMMISSION, OF WHICH $1,875,000 WILL BE TRANSFERRED TO THE MSRB IN ACCORDANCE WITH SECTION 15B(C)(9)(A) OF THE EXCHANGE ACT, AND OF WHICH THE REMAINING $1,875,000 WILL BE TRANSFERRED TO THE UNITED STATES TREASURY. THE DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL MONEY PENALTY WERE PAID IN FULL BY SUBMISSION OF A WIRE TO THE COMMISSION ON OCTOBER 3, 2012, AND BY SUBMISSION OF CHECKS TO THE COMMONWEALTH OF MASSACHUSETTS AND THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST ON OCTOBER 4, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; CENSURE; DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
09/27/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-15048
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
MUNICIPAL SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
STARTING IN JULY 2008, NEIL M.M. MORRISON ("MORRISON") WAS EMPLOYED BY GOLDMAN, SACHS & CO. (THE "FIRM") TO SOLICIT MUNICIPAL
UNDERWRITING BUSINESS FROM, AMONG OTHERS, THE COMMONWEALTH OF MASSACHUSETTS TREASURER'S OFFICE. FROM NOVEMBER 2008 TO
OCTOBER 2010, MORRISON WAS ALSO SUBSTANTIALLY ENGAGED IN THE POLITICAL CAMPAIGNS, INCLUDING THE NOVEMBER 2010 MASSACHUSETTS
GUBERNATORIAL CAMPAIGN, FOR TIMOTHY P. CAHILL ("CAHILL"), THE THEN-TREASURER OF MASSACHUSETTS. MORRISON WORKED ON CAHILL'S
CAMPAIGN DURING WORK HOURS USING FIRM RESOURCES. MORRISON ALSO MADE A SECRET, UNDISCLOSED CASH CAMPAIGN CONTRIBUTION TO
CAHILL. WITHIN TWO YEARS OF MORRISON'S CONTRIBUTIONS, THE FIRM ENGAGED IN MUNICIPAL SECURITIES BUSINESS WITH ISSUERS ASSOCIATED
WITH CAHILL AS TREASURER AND AS A CANDIDATE FOR GOVERNOR. THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") ALLEGED
THAT THE FIRM'S ENGAGEMENT IN MUNICIPAL SECURITIES BUSINESS WITH THESE ISSUERS VIOLATED SECTION 15B(C)(1) OF THE EXCHANGE ACT AND
MSRB RULE G-37(B), AND THAT THE FIRM'S FAILURE TO MAINTAIN RECORDS OF AND TO REPORT IN REGULATORY FILINGS THE CONTRIBUTIONS AND
CAMPAIGN WORK, AND TO TAKE STEPS TO ENSURE THAT THE ATTRIBUTED CONTRIBUTIONS, OR CAMPAIGN WORK OR THE CONFLICTS OF INTEREST
RAISED BY THEM WERE DISCLOSED IN BOND OFFERING DOCUMENTS, VIOLATED MSRB RULES G-8, G-9, G-17, G-27 AND G-37. WITHOUT ADMITTING OR
DENYING THE VIOLATIONS (EXCEPT AS TO THE COMMISSION'S JURISDICTION OVER IT AND THE SUBJECT MATTER OF THE PROCEEDINGS), THE FIRM
CONSENTED TO THE ENTRY OF THE ORDER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/27/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,750,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
PREJUDGMENT INTEREST
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM AGREES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15B(C)(1)
OF THE EXCHANGE ACT, MSRB RULE G 37(B), MSRB RULE G-17, MSRB RULE G-27, MSRB RULE G-37(E), MSRB RULE G-8 AND MSRB RULE G-9. THE
FIRM IS CENSURED AND WILL PAY DISGORGEMENT OF $7,558,942 AND PREJUDGMENT INTEREST OF $670,033. OF THE $7,558,942 IN
DISGORGEMENT, $2,120,547 WILL BE DEEMED SATISFIED BY RESPONDENT'S PAYMENT OF $1,512,902 TO THE COMMONWEALTH OF
MASSACHUSETTS AND $607,645 TO THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST IN A RELATED ACTION BY THE COMMONWEALTH
OF MASSACHUSETTS. THE REMAINING $5,438,395 AND PREJUDGMENT INTEREST OF $670,033 WILL BE PAID TO THE COMMISSION FOR
REMITTANCE TO THE UNITED STATES TREASURY. FINALLY, THE ORDER REQUIRES THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF
$3,750,000 TO THE COMMISSION, OF WHICH $1,875,000 WILL BE TRANSFERRED TO THE MSRB IN ACCORDANCE WITH SECTION 15B(C)(9)(A) OF
THE EXCHANGE ACT, AND OF WHICH THE REMAINING $1,875,000 WILL BE TRANSFERRED TO THE UNITED STATES TREASURY. THE
DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL MONEY PENALTY WERE PAID IN FULL BY SUBMISSION OF A WIRE TO THE COMMISSION ON
OCTOBER 3, 2012, AND BY SUBMISSION OF CHECKS TO THE COMMONWEALTH OF MASSACHUSETTS AND THE MASSACHUSETTS WATER
POLLUTION ABATEMENT TRUST ON OCTOBER 4, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM AGREES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15B(C)(1) OF
THE EXCHANGE ACT, MSRB RULE G 37(B), MSRB RULE G-17, MSRB RULE G-27, MSRB RULE G-37(E), MSRB RULE G-8 AND MSRB RULE G-9. THE FIRM IS
CENSURED AND WILL PAY DISGORGEMENT OF $7,558,942 AND PREJUDGMENT INTEREST OF $670,033. OF THE $7,558,942 IN DISGORGEMENT,
$2,120,547 WILL BE DEEMED SATISFIED BY RESPONDENT'S PAYMENT OF $1,512,902 TO THE COMMONWEALTH OF MASSACHUSETTS AND $607,645 TO
THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST IN A RELATED ACTION BY THE COMMONWEALTH OF MASSACHUSETTS. THE REMAINING
$5,438,395 AND PREJUDGMENT INTEREST OF $670,033 WILL BE PAID TO THE COMMISSION FOR REMITTANCE TO THE UNITED STATES TREASURY.
FINALLY, THE ORDER REQUIRES THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $3,750,000 TO THE COMMISSION, OF WHICH
$1,875,000 WILL BE TRANSFERRED TO THE MSRB IN ACCORDANCE WITH SECTION 15B(C)(9)(A) OF THE EXCHANGE ACT, AND OF WHICH THE
REMAINING $1,875,000 WILL BE TRANSFERRED TO THE UNITED STATES TREASURY. THE DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL MONEY
PENALTY WERE PAID IN FULL BY SUBMISSION OF A WIRE TO THE COMMISSION ON OCTOBER 3, 2012, AND BY SUBMISSION OF CHECKS TO THE
COMMONWEALTH OF MASSACHUSETTS AND THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST ON OCTOBER 4, 2012.regulatory · block 95PDF pages 647–649
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 50,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 21, 2012, AND ON DECEMBER 11, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $50,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIOD OF JANUARY 19, 2010 THROUGH MARCH 18, 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT AND/OR INACCURATELY REPORTED, IN CERTAIN INSTANCES, THE CONTRA PARTY FOR CERTAIN REPORTABLE OPTIONS POSITIONS, IN ALLEGED VIOLATION OF FINRA RULE 2360(B)(5).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $50,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 11, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/21/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20100235665-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIOD OF JANUARY
19, 2010 THROUGH MARCH 18, 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO REPORT AND/OR INACCURATELY REPORTED, IN CERTAIN
INSTANCES, THE CONTRA PARTY FOR CERTAIN REPORTABLE OPTIONS POSITIONS, IN ALLEGED VIOLATION OF FINRA RULE 2360(B)(5).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/21/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $50,000 WHICH WAS
PAID BY SUBMISSION OF A WIRE ON DECEMBER 11, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 21, 2012, AND ON DECEMBER 11, 2012, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $50,000.regulatory · block 96PDF pages 649–651
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 12, 2012, AND ON DECEMBER 24, 2012, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $15,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIODS OF JULY 1 TO SEPTEMBER 30, 2009, AND APRIL 1 TO JUNE 30, 2010, GOLDMAN, SACHS & CO. (THE "FIRM") IMPROPERLY TRANSMITTED CERTAIN EXECUTION OR COMBINED ORDER/EXECUTION REPORTS WITH A REPORTING EXCEPTION CODE (REC) OF "P" TO THE ORDER AUDIT TRAIL SYSTEM (OATS) THAT WERE REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRADE REPORTING SYSTEM, IN ALLEGED VIOLATION OF FINRA RULE 7450.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2012.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/12/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010023688101
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIODS OF JULY 1
TO SEPTEMBER 30, 2009, AND APRIL 1 TO JUNE 30, 2010, GOLDMAN, SACHS & CO. (THE "FIRM") IMPROPERLY TRANSMITTED CERTAIN EXECUTION OR
COMBINED ORDER/EXECUTION REPORTS WITH A REPORTING EXCEPTION CODE (REC) OF "P" TO THE ORDER AUDIT TRAIL SYSTEM (OATS) THAT WERE
REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRADE REPORTING SYSTEM, IN ALLEGED VIOLATION OF FINRA RULE 7450.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/12/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000 WHICH WAS
PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2012.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 12, 2012, AND ON DECEMBER 24, 2012, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $15,000.regulatory · block 97PDF pages 651–653
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION
- Monetary/Fine Amount — filed text
- $ 1,500,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OR CONCLUSIONS THEREIN, THE FIRM MADE AN OFFER OF SETTLEMENT AND CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE ACT, AS AMENDED, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS THAT WAS ACCEPTED BY THE CFTC AND BECAME EFFECTIVE ON DECEMBER 7, 2012 (THE "ORDER"). THE ORDER ORDERS THE FIRM TO CEASE AND DESIST FROM VIOLATING CFTC REGULATION 166.3 AND IMPOSES A CIVIL MONETARY PENALTY IN THE AMOUNT OF $1,500,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE TO THE CFTC ON DECEMBER 14, 2012. IN ADDITION, THE ORDER INCLUDED UNDERTAKINGS BY THE FIRM. IN SETTLING THE MATTER, THE CFTC TOOK INTO ACCOUNT THE COOPERATION OF THE FIRM AND THE CORRECTIVE ACTION THE FIRM UNDERTOOK AFTER THE TRADER'S ACTIVITIES WERE DISCOVERED.
Other filed details
Description of allegations — filed text
THE COMMODITY FUTURES TRADING COMMISSION ("CFTC"), IN AN ORDER, SET FORTH FINDINGS AND CONCLUSIONS TO WHICH GOLDMAN, SACHS & CO. (THE "FIRM") CONSENTED, WITHOUT ADMITTING OR DENYING THEM, AS PART OF AN OFFER OF SETTLEMENT THAT WAS ACCEPTED BY THE CFTC AND BECAME EFFECTIVE ON DECEMBER 7, 2012 (THE "ORDER"). IN ITS FINDINGS IN THE ORDER, THE CFTC ASSERTED THAT THE FIRM FAILED FOR SEVERAL MONTHS, INCLUDING AT LEAST NOVEMBER AND DECEMBER 2007, TO ENSURE THAT CERTAIN ASPECTS OF ITS RISK MANAGEMENT, COMPLIANCE, AND SUPERVISION PROGRAMS COMPORTED WITH ITS OBLIGATIONS TO SUPERVISE DILIGENTLY ITS BUSINESS AS A CFTC REGISTRANT. DURING NOVEMBER AND DECEMBER 2007, THE FIRM FURTHER FAILED TO SUPERVISE DILIGENTLY THE TRADING ACTIVITIES OF AN ASSOCIATED PERSON, WHOSE TRADING ACTIVITIES ON SEVEN DAYS IN MID-NOVEMBER AND MID-DECEMBER 2007 IN THE E-MINI S&P 500 FUTURES CONTRACT, TRADED ON THE CHICAGO MERCANTILE EXCHANGE'S GLOBEX PLATFORM, RESULTED IN A SUBSTANTIAL LOSS TO THE FIRM ($118 MILLION). AS A RESULT, THE CFTC ALLEGED THAT THE FIRM FAILED TO HAVE POLICIES OR PROCEDURES REASONABLY DESIGNED TO DETECT AND PREVENT THE MANUAL ENTRY OF FABRICATED FUTURES TRADES INTO ITS FRONT OFFICE SYSTEMS, WHICH AGGREGATED MANUALLY ENTERED AND ELECTRONICALLY EXECUTED TRADES IN THE SAME PRODUCT, IN ALLEGED VIOLATION OF CFTC REGULATION 166.3.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OR CONCLUSIONS THEREIN, THE FIRM MADE AN OFFER OF SETTLEMENT AND CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE ACT, AS AMENDED, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS THAT WAS ACCEPTED BY THE CFTC AND BECAME EFFECTIVE ON DECEMBER 7, 2012 (THE "ORDER"). THE ORDER ORDERS THE FIRM TO CEASE AND DESIST FROM VIOLATING CFTC REGULATION 166.3 AND IMPOSES A CIVIL MONETARY PENALTY IN THE AMOUNT OF $1,500,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE TO THE CFTC ON DECEMBER 14, 2012. IN ADDITION, THE ORDER INCLUDED UNDERTAKINGS BY THE FIRM.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; UNDERTAKINGS
3.
Date Initiated (MM/DD/YYYY):
12/07/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
13-08
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE COMMODITY FUTURES TRADING COMMISSION ("CFTC"), IN AN ORDER, SET FORTH FINDINGS AND CONCLUSIONS TO WHICH GOLDMAN, SACHS &
CO. (THE "FIRM") CONSENTED, WITHOUT ADMITTING OR DENYING THEM, AS PART OF AN OFFER OF SETTLEMENT THAT WAS ACCEPTED BY THE CFTC
AND BECAME EFFECTIVE ON DECEMBER 7, 2012 (THE "ORDER"). IN ITS FINDINGS IN THE ORDER, THE CFTC ASSERTED THAT THE FIRM FAILED FOR
SEVERAL MONTHS, INCLUDING AT LEAST NOVEMBER AND DECEMBER 2007, TO ENSURE THAT CERTAIN ASPECTS OF ITS RISK MANAGEMENT,
COMPLIANCE, AND SUPERVISION PROGRAMS COMPORTED WITH ITS OBLIGATIONS TO SUPERVISE DILIGENTLY ITS BUSINESS AS A CFTC REGISTRANT.
DURING NOVEMBER AND DECEMBER 2007, THE FIRM FURTHER FAILED TO SUPERVISE DILIGENTLY THE TRADING ACTIVITIES OF AN ASSOCIATED
PERSON, WHOSE TRADING ACTIVITIES ON SEVEN DAYS IN MID-NOVEMBER AND MID-DECEMBER 2007 IN THE E-MINI S&P 500 FUTURES CONTRACT,
TRADED ON THE CHICAGO MERCANTILE EXCHANGE'S GLOBEX PLATFORM, RESULTED IN A SUBSTANTIAL LOSS TO THE FIRM ($118 MILLION). AS A
RESULT, THE CFTC ALLEGED THAT THE FIRM FAILED TO HAVE POLICIES OR PROCEDURES REASONABLY DESIGNED TO DETECT AND PREVENT THE
MANUAL ENTRY OF FABRICATED FUTURES TRADES INTO ITS FRONT OFFICE SYSTEMS, WHICH AGGREGATED MANUALLY ENTERED AND ELECTRONICALLY
EXECUTED TRADES IN THE SAME PRODUCT, IN ALLEGED VIOLATION OF CFTC REGULATION 166.3.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/07/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OR CONCLUSIONS THEREIN, THE FIRM MADE AN OFFER OF SETTLEMENT AND
CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE
ACT, AS AMENDED, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS THAT WAS ACCEPTED BY THE CFTC AND BECAME EFFECTIVE ON
DECEMBER 7, 2012 (THE "ORDER"). THE ORDER ORDERS THE FIRM TO CEASE AND DESIST FROM VIOLATING CFTC REGULATION 166.3 AND
IMPOSES A CIVIL MONETARY PENALTY IN THE AMOUNT OF $1,500,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE TO THE CFTC ON
DECEMBER 14, 2012. IN ADDITION, THE ORDER INCLUDED UNDERTAKINGS BY THE FIRM.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OR CONCLUSIONS THEREIN, THE FIRM MADE AN OFFER OF SETTLEMENT AND CONSENTED TO
THE ENTRY OF AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE ACT, AS AMENDED,
MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS THAT WAS ACCEPTED BY THE CFTC AND BECAME EFFECTIVE ON DECEMBER 7, 2012 (THE
"ORDER"). THE ORDER ORDERS THE FIRM TO CEASE AND DESIST FROM VIOLATING CFTC REGULATION 166.3 AND IMPOSES A CIVIL MONETARY PENALTY
IN THE AMOUNT OF $1,500,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE TO THE CFTC ON DECEMBER 14, 2012. IN ADDITION, THE ORDER
INCLUDED UNDERTAKINGS BY THE FIRM. IN SETTLING THE MATTER, THE CFTC TOOK INTO ACCOUNT THE COOPERATION OF THE FIRM AND THE
CORRECTIVE ACTION THE FIRM UNDERTOOK AFTER THE TRADER'S ACTIVITIES WERE DISCOVERED.regulatory · block 98PDF pages 653–655
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 568,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON DECEMBER 27, 2012, AND ON JANUARY 10, 2013, THE FIRM SUBMITTED A CHECK IN PAYMENT OF THE FINE IN THE AMOUNT OF $568,000. THE FIRM CONSENTED TO PAY RESTITUTION IN THE AMOUNT OF $115,997.50 AND TO SUBMIT SATISFACTORY PROOF OF PAYMENT OF RESTITUTION OR OF REASONABLE DOCUMENTED EFFORTS TO EFFECT RESTITUTION TO THE APPLICABLE ISSUERS IN CALIFORNIA TO WHICH THE FIRM HAS NOT YET PROVIDED RESTITUTION, AND WITHIN 180 DAYS OF THE ISSUANCE OF THE AWC, TO CERTIFY WITH FINRA THAT IT HAS COMPLETED A REVIEW OF RELEVANT WRITTEN SUPERVISORY PROCEDURES AND SYSTEMS AND IMPLEMENTED NECESSARY REVISIONS TO SUCH PROCEDURES AND SYSTEMS IN ORDER TO ENSURE THAT THE PROCEDURES AND SYSTEMS ARE IN COMPLIANCE WITH MSRB RULE G-27.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT DURING THE PERIOD BETWEEN FEBRUARY 2006 AND DECEMBER 2010, GOLDMAN, SACHS & CO. (THE "FIRM") UNFAIRLY REQUESTED AND RECEIVED REIMBURSEMENTS FOR CERTAIN CALIFORNIA PUBLIC SECURITIES ASSOCIATION (CAL PSA) UNDERWRITING ASSESSMENTS, IN ALLEGED VIOLATION OF MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULE G-17, AND FAILED TO ADOPT, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH MSRB RULE G-17, IN ALLEGED VIOLATION OF MSRB RULE G-27.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $568,000, WHICH WAS PAID BY SUBMISSION OF A CHECK ON JANUARY 10, 2013, AND TO PAY RESTITUTION IN THE AMOUNT OF $115,997.50 AND SUBMIT SATISFACTORY PROOF OF PAYMENT OF RESTITUTION OR OF REASONABLE DOCUMENTED EFFORTS TO EFFECT RESTITUTION TO THE APPLICABLE ISSUERS IN CALIFORNIA TO WHICH THE FIRM HAS NOT YET PROVIDED RESTITUTION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; RESTITUTION; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
12/27/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010022049803
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT DURING THE PERIOD BETWEEN
FEBRUARY 2006 AND DECEMBER 2010, GOLDMAN, SACHS & CO. (THE "FIRM") UNFAIRLY REQUESTED AND RECEIVED REIMBURSEMENTS FOR CERTAIN
CALIFORNIA PUBLIC SECURITIES ASSOCIATION (CAL PSA) UNDERWRITING ASSESSMENTS, IN ALLEGED VIOLATION OF MUNICIPAL SECURITIES
RULEMAKING BOARD ("MSRB") RULE G-17, AND FAILED TO ADOPT, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY
DESIGNED TO ENSURE COMPLIANCE WITH MSRB RULE G-17, IN ALLEGED VIOLATION OF MSRB RULE G-27.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/27/2012
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 568,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $568,000, WHICH WAS
PAID BY SUBMISSION OF A CHECK ON JANUARY 10, 2013, AND TO PAY RESTITUTION IN THE AMOUNT OF $115,997.50 AND SUBMIT SATISFACTORY
PROOF OF PAYMENT OF RESTITUTION OR OF REASONABLE DOCUMENTED EFFORTS TO EFFECT RESTITUTION TO THE APPLICABLE ISSUERS IN
CALIFORNIA TO WHICH THE FIRM HAS NOT YET PROVIDED RESTITUTION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON DECEMBER 27, 2012, AND ON JANUARY 10, 2013, THE FIRM
SUBMITTED A CHECK IN PAYMENT OF THE FINE IN THE AMOUNT OF $568,000. THE FIRM CONSENTED TO PAY RESTITUTION IN THE AMOUNT OF
$115,997.50 AND TO SUBMIT SATISFACTORY PROOF OF PAYMENT OF RESTITUTION OR OF REASONABLE DOCUMENTED EFFORTS TO EFFECT
RESTITUTION TO THE APPLICABLE ISSUERS IN CALIFORNIA TO WHICH THE FIRM HAS NOT YET PROVIDED RESTITUTION, AND WITHIN 180 DAYS OF THE
ISSUANCE OF THE AWC, TO CERTIFY WITH FINRA THAT IT HAS COMPLETED A REVIEW OF RELEVANT WRITTEN SUPERVISORY PROCEDURES AND
SYSTEMS AND IMPLEMENTED NECESSARY REVISIONS TO SUCH PROCEDURES AND SYSTEMS IN ORDER TO ENSURE THAT THE PROCEDURES AND
SYSTEMS ARE IN COMPLIANCE WITH MSRB RULE G-27.regulatory · block 99PDF pages 655–657
- Regulator name — filed text
- CHICAGO BOARD OF TRADE
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CBT IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A CHECK ON FEBRUARY 13, 2013.
Other filed details
Description of allegations — filed text
THE CHICAGO BOARD OF TRADE ("CBT") ALLEGED THAT DURING A REVIEW OF GOLDMAN, SACHS & CO. (THE "FIRM") POSITION REPORTING DURING DECEMBER 2012, THE FIRM FAILED TO ACCURATELY SUBMIT CERTAIN LONG POSITIONS ELIGIBLE FOR DELIVERY, IN ALLEGED VIOLATION OF CBT RULE 807.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CBT IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A CHECK ON FEBRUARY 13, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/15/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
13-9273
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CHICAGO BOARD OF TRADE ("CBT") ALLEGED THAT DURING A REVIEW OF GOLDMAN, SACHS & CO. (THE "FIRM") POSITION REPORTING DURING
DECEMBER 2012, THE FIRM FAILED TO ACCURATELY SUBMIT CERTAIN LONG POSITIONS ELIGIBLE FOR DELIVERY, IN ALLEGED VIOLATION OF CBT RULE
807.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
02/15/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CBT IN THE AMOUNT OF $2,500,
WHICH WAS PAID BY SUBMISSION OF A CHECK ON FEBRUARY 13, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CBT IN THE AMOUNT OF $2,500, WHICH
WAS PAID BY SUBMISSION OF A CHECK ON FEBRUARY 13, 2013.regulatory · block 100PDF pages 657–660
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MARCH 15, 2013, AND ON APRIL 4, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000. DRP Pages
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) DURING THE PERIOD OF SEPTEMBER 16-17, 2009, TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM (OATS) 13 REPORTS THAT CONTAINED CERTAIN INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA, IN ALLEGED VIOLATION OF FINRA RULE 7450, AND (II) DURING THE PERIOD OF JULY 13-14, 2010, ERRONEOUSLY SUBMITTED A DUPLICATE NON-TAPE REPORT WITH THE .RX MODIFIER TO THE FINRA/NASDAQ TRADE REPORTING FACILITY, IN ALLEGED VIOLATION OF FINRA RULE 7230A.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 4, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/15/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2009017007402
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM"): (I) DURING THE PERIOD OF SEPTEMBER 16-17, 2009, TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM (OATS) 13 REPORTS THAT CONTAINED
CERTAIN INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA, IN ALLEGED VIOLATION OF FINRA RULE 7450, AND (II) DURING THE PERIOD
OF JULY 13-14, 2010, ERRONEOUSLY SUBMITTED A DUPLICATE NON-TAPE REPORT WITH THE .RX MODIFIER TO THE FINRA/NASDAQ TRADE REPORTING
FACILITY, IN ALLEGED VIOLATION OF FINRA RULE 7230A.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
03/15/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 4, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MARCH 15, 2013, AND ON APRIL 4, 2013, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000.
DRP Pagesregulatory · block 1PDF pages 660–661
- Regulator name — filed text
- THE NASDAQ STOCK MARKET LLC
- Monetary/Fine Amount — filed text
- $ 17,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, FINE AND UNDERTAKING AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS ACCEPTED BY FINRA ON BEHALF OF NASDAQ ON MARCH 12, 2013, AND ON APRIL 11, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500. IN THE UNDERTAKING, THE FIRM CONSENTED TO REVISE AND IMPLEMENT APPLICABLE WRITTEN SUPERVISORY PROCEDURES AND, WITHIN 90 BUSINESS DAYS OF THE ACCEPTANCE OF THE AWC, TO PROVIDE A REPRESENTATION TO FINRA THAT THE APPLICABLE WRITTEN SUPERVISORY PROCEDURES HAVE BEEN REVISED AND IMPLEMENTED.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF THE NASDAQ STOCK MARKET LLC ("NASDAQ"), ALLEGED THAT DURING THE PERIOD OF SEPTEMBER 16-17, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") ENTERED 10 ORDERS INTO THE NASDAQ/SINGLEBOOK SYSTEM THAT FAILED TO CORRECTLY INDICATE WHETHER THE ORDERS WERE A BUY, SHORT SALE, OR LONG SALE, IN ALLEGED VIOLATION OF NASDAQ RULE 4755, AND THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO CERTAIN APPLICABLE SECURITIES LAWS AND REGULATIONS, AND/OR THE RULES OF NASDAQ, IN ALLEGED VIOLATION OF NASDAQ RULES 3010 AND 2110.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 11, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE NASDAQ STOCK MARKET LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/12/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2009017007401
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF THE NASDAQ STOCK MARKET LLC
("NASDAQ"), ALLEGED THAT DURING THE PERIOD OF SEPTEMBER 16-17, 2009, GOLDMAN, SACHS & CO. (THE "FIRM") ENTERED 10 ORDERS INTO THE
NASDAQ/SINGLEBOOK SYSTEM THAT FAILED TO CORRECTLY INDICATE WHETHER THE ORDERS WERE A BUY, SHORT SALE, OR LONG SALE, IN ALLEGED
VIOLATION OF NASDAQ RULE 4755, AND THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH RESPECT TO CERTAIN APPLICABLE SECURITIES LAWS AND REGULATIONS, AND/OR THE RULES OF NASDAQ, IN ALLEGED
VIOLATION OF NASDAQ RULES 3010 AND 2110.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
03/12/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $17,500, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 11, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, FINE AND UNDERTAKING AND ENTERED
INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC"), WHICH WAS ACCEPTED BY FINRA ON BEHALF OF NASDAQ ON MARCH 12, 2013, AND
ON APRIL 11, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $17,500. IN THE UNDERTAKING, THE FIRM CONSENTED TO
REVISE AND IMPLEMENT APPLICABLE WRITTEN SUPERVISORY PROCEDURES AND, WITHIN 90 BUSINESS DAYS OF THE ACCEPTANCE OF THE AWC, TO
PROVIDE A REPRESENTATION TO FINRA THAT THE APPLICABLE WRITTEN SUPERVISORY PROCEDURES HAVE BEEN REVISED AND IMPLEMENTED.regulatory · block 2PDF pages 661–663
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 39,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MARCH 15, 2013, AND ON APRIL 4, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $39,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) DURING THE PERIOD OF JULY 1 TO SEPTEMBER 30, 2010, TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") THE CORRECT CONTRA-PARTY'S IDENTIFIER FOR CERTAIN S1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 6730(C), AND (II) DURING THE PERIOD OF APRIL 1 TO JUNE 30, 2011, TO REPORT TO TRACE THE CORRECT TIME OF TRADE EXECUTION FOR CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE AGENCY DEBT SECURITIES, AND TO SHOW THE CORRECT TIME OF EXECUTION ON THE MEMORANDUM OF CERTAIN BROKERAGE ORDERS, IN ALLEGED VIOLATION OF FINRA RULE 6730(C)8 AND SEC RULE 17A-3, RESPECTIVELY.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $39,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 4, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
03/15/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2011026827001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM") FAILED: (I) DURING THE PERIOD OF JULY 1 TO SEPTEMBER 30, 2010, TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE
("TRACE") THE CORRECT CONTRA-PARTY'S IDENTIFIER FOR CERTAIN S1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF
FINRA RULE 6730(C), AND (II) DURING THE PERIOD OF APRIL 1 TO JUNE 30, 2011, TO REPORT TO TRACE THE CORRECT TIME OF TRADE EXECUTION FOR
CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE AGENCY DEBT SECURITIES, AND TO SHOW THE CORRECT TIME OF EXECUTION ON THE MEMORANDUM
OF CERTAIN BROKERAGE ORDERS, IN ALLEGED VIOLATION OF FINRA RULE 6730(C)8 AND SEC RULE 17A-3, RESPECTIVELY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
03/15/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 39,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $39,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 4, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MARCH 15, 2013, AND ON APRIL 4, 2013, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $39,000.regulatory · block 3PDF pages 663–665
- Regulator name — filed text
- CHICAGO MERCANTILE EXCHANGE INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A CHECK ON MARCH 19, 2013.
Other filed details
Description of allegations — filed text
THE CHICAGO MERCANTILE EXCHANGE INC. ("CME") MARKET REGULATION DEPARTMENT ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") TRADE DATA FOR THE TRADE DATES OF AUGUST 1, 2012 THROUGH OCTOBER 5, 2012 REFLECTED AN UNACCEPTABLE COMPUTERIZED TRADE RECONSTRUCTION (CTR) ERROR RATE, IN ALLEGED VIOLATION OF CME RULE 536.F.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A CHECK ON MARCH 19, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO MERCANTILE EXCHANGE INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/20/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
12-08956
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CHICAGO MERCANTILE EXCHANGE INC. ("CME") MARKET REGULATION DEPARTMENT ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") TRADE
DATA FOR THE TRADE DATES OF AUGUST 1, 2012 THROUGH OCTOBER 5, 2012 REFLECTED AN UNACCEPTABLE COMPUTERIZED TRADE
RECONSTRUCTION (CTR) ERROR RATE, IN ALLEGED VIOLATION OF CME RULE 536.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/20/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $2,500,
WHICH WAS PAID BY SUBMISSION OF A CHECK ON MARCH 19, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $2,500,
WHICH WAS PAID BY SUBMISSION OF A CHECK ON MARCH 19, 2013.regulatory · block 4PDF pages 665–667
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 47,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 2, 2013, AND ON APRIL 18, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $47,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) FROM MAY 1 TO AUGUST 31, 2010, TO REPORT TO THE FINRA/NASDAQ TRADE REPORTING FACILITY BY 8:00 P.M. EASTERN TIME CERTAIN TRANSACTIONS THAT REQUIRED A .RO, .RA OR .RX MODIFIER, IN ALLEGED VIOLATION OF FINRA RULE 7230A(G); (II) FROM SEPTEMBER 1 TO DECEMBER 31, 2010, TO TRANSMIT TO THE OTC REPORTING FACILITY WITHIN 30 SECONDS AFTER EXECUTION CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES, IN ALLEGED VIOLATION OF FINRA RULES 6622(A) AND 2010, AND TO REPORT TO THE OTC REPORTING FACILITY THE CORRECT TIME OF EXECUTION FOR CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 7330(D)(4); AND (III) FROM JANUARY 1 TO APRIL 30, 2011, TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES WITHIN 20 MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF FINRA RULES 7230A(B) AND 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $47,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 18, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/02/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2010025148901
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM") FAILED: (I) FROM MAY 1 TO AUGUST 31, 2010, TO REPORT TO THE FINRA/NASDAQ TRADE REPORTING FACILITY BY 8:00 P.M. EASTERN TIME
CERTAIN TRANSACTIONS THAT REQUIRED A .RO, .RA OR .RX MODIFIER, IN ALLEGED VIOLATION OF FINRA RULE 7230A(G); (II) FROM SEPTEMBER 1 TO
DECEMBER 31, 2010, TO TRANSMIT TO THE OTC REPORTING FACILITY WITHIN 30 SECONDS AFTER EXECUTION CERTAIN LAST SALE REPORTS OF
TRANSACTIONS IN OTC EQUITY SECURITIES, IN ALLEGED VIOLATION OF FINRA RULES 6622(A) AND 2010, AND TO REPORT TO THE OTC REPORTING
FACILITY THE CORRECT TIME OF EXECUTION FOR CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE
7330(D)(4); AND (III) FROM JANUARY 1 TO APRIL 30, 2011, TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN
TRANSACTIONS IN REPORTABLE SECURITIES WITHIN 20 MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF FINRA RULES 7230A(B) AND 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/02/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $47,500, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 18, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 2, 2013, AND ON APRIL 18, 2013, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $47,500.regulatory · block 5PDF pages 667–669
- Regulator name — filed text
- CME GROUP, INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $1,000, WHICH WAS PAID BY SUBMISSION OF A CHECK ON MAY 9, 2013.
Other filed details
Description of allegations — filed text
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") NETTED DOWN 25 JANUARY 2013 COMEX COPPER FUTURES CONTRACTS ON JANUARY 9, 2013, IN ALLEGED VIOLATION OF CME RULE 854.B.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $1,000, WHICH WAS PAID BY SUBMISSION OF A CHECK ON MAY 9, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/15/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
13-9246
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") NETTED DOWN 25 JANUARY 2013 COMEX
COPPER FUTURES CONTRACTS ON JANUARY 9, 2013, IN ALLEGED VIOLATION OF CME RULE 854.B.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/15/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $1,000,
WHICH WAS PAID BY SUBMISSION OF A CHECK ON MAY 9, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY CME IN THE AMOUNT OF $1,000,
WHICH WAS PAID BY SUBMISSION OF A CHECK ON MAY 9, 2013.regulatory · block 6PDF pages 669–670
- Regulator name — filed text
- CHICAGO BOARD OF TRADE
- Monetary/Fine Amount — filed text
- $ 875,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON JUNE 29, 2013, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON MAY 31, 2013. ON JUNE 12, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $875,000.
Other filed details
Description of allegations — filed text
A CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE ("BCC") PANEL (THE "PANEL") ALLEGED THAT: (I) IN DECEMBER 2008, CME GROUP INC. MARKET REGULATION DEPARTMENT ("MARKET REGULATION") WAS IN REGULAR CONTACT WITH GOLDMAN, SACHS & CO. (THE "FIRM") REGARDING A LARGE POSITION HELD BY THE FIRM IN A TREASURY FUTURES CONTRACT WHICH WAS SET TO EXPIRE (THE "CONTRACT"), AND THAT THE FIRM DID NOT ADEQUATELY RELAY CERTAIN MARKET REGULATION CONCERNS TO CERTAIN FIRM TRADERS; AND (II) DURING THE FINAL MINUTE PRIOR TO EXPIRATION OF THE CONTRACT, A FIRM TRADER EXECUTED A MARKET ORDER, AND THEN SUBMITTED A LIMIT ORDER, WHICH WAS ONLY PARTIALLY FILLED AS A RESULT OF ILLIQUIDITY IN THE MARKET, AND THAT DURING THE COURSE OF THESE ORDERS AND SUBSEQUENT FILLS, THE MARKET TRADED UP RESULTING IN THE FINAL PRICE OF THE CONTRACT SETTLING ABOVE WHAT WAS INDICATED BY THE DECEMBER-MARCH CALENDAR SPREAD, IN ALLEGED VIOLATION OF CBOT RULE 432.W.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $875,000 WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JUNE 12, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/31/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBOT 09-03091-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE ("BCC") PANEL (THE "PANEL") ALLEGED THAT: (I) IN DECEMBER 2008, CME
GROUP INC. MARKET REGULATION DEPARTMENT ("MARKET REGULATION") WAS IN REGULAR CONTACT WITH GOLDMAN, SACHS & CO. (THE "FIRM")
REGARDING A LARGE POSITION HELD BY THE FIRM IN A TREASURY FUTURES CONTRACT WHICH WAS SET TO EXPIRE (THE "CONTRACT"), AND THAT THE
FIRM DID NOT ADEQUATELY RELAY CERTAIN MARKET REGULATION CONCERNS TO CERTAIN FIRM TRADERS; AND (II) DURING THE FINAL MINUTE PRIOR
TO EXPIRATION OF THE CONTRACT, A FIRM TRADER EXECUTED A MARKET ORDER, AND THEN SUBMITTED A LIMIT ORDER, WHICH WAS ONLY PARTIALLY
FILLED AS A RESULT OF ILLIQUIDITY IN THE MARKET, AND THAT DURING THE COURSE OF THESE ORDERS AND SUBSEQUENT FILLS, THE MARKET TRADED
UP RESULTING IN THE FINAL PRICE OF THE CONTRACT SETTLING ABOVE WHAT WAS INDICATED BY THE DECEMBER-MARCH CALENDAR SPREAD, IN
ALLEGED VIOLATION OF CBOT RULE 432.W.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/31/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 875,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $875,000 WHICH WAS PAID BY THE
SUBMISSION OF A WIRE ON JUNE 12, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON JUNE 29, 2013, THE PANEL
ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON MAY 31, 2013. ON JUNE 12, 2013, THE FIRM SUBMITTED A WIRE IN
PAYMENT OF THE FINE IN THE AMOUNT OF $875,000.regulatory · block 7GOLDMAN SACHS INTERNATIONALPDF pages 670–672
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON JULY 3, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2013.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT NINE (9) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON JULY 3, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/06/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-404B-008
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT NINE
(9) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/03/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON JULY 3, 2013. THE ASSESSMENT AMOUNT WAS
BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON JULY 3, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN
AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2013.regulatory · block 8GOLDMAN SACHS INTERNATIONALPDF pages 672–674
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON NOVEMBER 4, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON NOVEMBER 20, 2013.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF SEPTEMBER, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT EIGHTEEN (18) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON NOVEMBER 4, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON NOVEMBER 20, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
y
y
p
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/03/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-404B-020
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF SEPTEMBER, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
EIGHTEEN (18) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/04/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON NOVEMBER 4, 2013. THE ASSESSMENT AMOUNT WAS
BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON NOVEMBER 20, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI OF $10,000, WHICH WAS MADE FINAL ON NOVEMBER 4, 2013. THE ASSESSMENT AMOUNT WAS
BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON NOVEMBER 20, 2013.regulatory · block 9J. ARON & COMPANYPDF pages 674–676
- Advisory affiliate name — filed text
- J. ARON & COMPANY
- Regulator name — filed text
- CME GROUP, INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 19, 2013.
Other filed details
Description of allegations — filed text
CME GROUP, INC. ("CME") MARKET REGULATION FOUND REPORTING INFRACTIONS WITH RESPECT TO J. ARON & COMPANY'S (THE "COMPANY") REPORTING OF CERTAIN BLOCK TRADES, INCLUDING: (I) LATE REPORTING OF CERTAIN BLOCK TRADES TO THE CHICAGO MERCANTILE EXCHANGE DURING MARCH AND APRIL, 2013; (II) ENTERING TRADES INTO THE CME CLEARPORT PLATFORM ON ONE DATE AS OUTRIGHT TRANSACTIONS WHERE IT APPEARED FROM AUDIT TRAIL DOCUMENTS THEY WERE SPREAD TRANSACTIONS AND WITH EXECUTION TIMES NOT SUPPORTED BY SUCH SUPPORTING DOCUMENTS; AND (III) REPORTING A BLOCK TRANSACTION TO THE NEW YORK MERCANTILE EXCHANGE (NYMEX) FACILITATION DESK, WHILE AUDIT TRAIL DOCUMENTS SUGGESTED THAT THE ORDER WAS EXECUTED IN INCREMENTS, EACH IN ALLEGED VIOLATION OF CME RULE 526.F.
Sanction detail — filed text
THE CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 19, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
J. ARON & COMPANY
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/11/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-13-1419-1480-1481
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
FUTURES - FINANCIAL / OPTIONS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP, INC. ("CME") MARKET REGULATION FOUND REPORTING INFRACTIONS WITH RESPECT TO J. ARON & COMPANY'S (THE "COMPANY")
REPORTING OF CERTAIN BLOCK TRADES, INCLUDING: (I) LATE REPORTING OF CERTAIN BLOCK TRADES TO THE CHICAGO MERCANTILE EXCHANGE
DURING MARCH AND APRIL, 2013; (II) ENTERING TRADES INTO THE CME CLEARPORT PLATFORM ON ONE DATE AS OUTRIGHT TRANSACTIONS WHERE IT
APPEARED FROM AUDIT TRAIL DOCUMENTS THEY WERE SPREAD TRANSACTIONS AND WITH EXECUTION TIMES NOT SUPPORTED BY SUCH SUPPORTING
DOCUMENTS; AND (III) REPORTING A BLOCK TRANSACTION TO THE NEW YORK MERCANTILE EXCHANGE (NYMEX) FACILITATION DESK, WHILE AUDIT
TRAIL DOCUMENTS SUGGESTED THAT THE ORDER WAS EXECUTED IN INCREMENTS, EACH IN ALLEGED VIOLATION OF CME RULE 526.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/11/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 19, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 19, 2013.regulatory · block 10PDF pages 676–678
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 22, 2013, AND ON NOVEMBER 7, 2013, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $25,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT (I) DURING THE PERIOD OF JANUARY 1, 2011 THROUGH MARCH 31, 2011, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) FAILED TO REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE") THE CORRECT TIME OF TRADE EXECUTION FOR CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 6730(C)(8); (II) REPORTED TO TRACE CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES THAT IT WAS NOT REQUIRED TO REPORT, IN ALLEGED VIOLATION OF FINRA RULE 6730; (III) FAILED TO SHOW THE CORRECT TIME OF EXECUTION ON THE MEMORANDUM OF CERTAIN BROKERAGE ORDERS, IN ALLEGED VIOLATION OF SEC RULE 17A-3 AND NASD RULE 3110; AND (IV) FAILED TO REPORT TO TRACE THE CORRECT CONTRA-PARTY'S IDENTIFIER FOR CERTAIN TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 6730(C)(6).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 7, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/22/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20110284031-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
TRACE-ELIGIBLE SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT (I) DURING THE PERIOD OF
JANUARY 1, 2011 THROUGH MARCH 31, 2011, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) FAILED TO REPORT TO THE TRADE REPORTING AND
COMPLIANCE ENGINE ("TRACE") THE CORRECT TIME OF TRADE EXECUTION FOR CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN
ALLEGED VIOLATION OF FINRA RULE 6730(C)(8); (II) REPORTED TO TRACE CERTAIN P1 TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES THAT IT WAS
NOT REQUIRED TO REPORT, IN ALLEGED VIOLATION OF FINRA RULE 6730; (III) FAILED TO SHOW THE CORRECT TIME OF EXECUTION ON THE
MEMORANDUM OF CERTAIN BROKERAGE ORDERS, IN ALLEGED VIOLATION OF SEC RULE 17A-3 AND NASD RULE 3110; AND (IV) FAILED TO REPORT TO
TRACE THE CORRECT CONTRA-PARTY'S IDENTIFIER FOR CERTAIN TRANSACTIONS IN TRACE-ELIGIBLE SECURITIES, IN ALLEGED VIOLATION OF FINRA
RULE 6730(C)(6).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/22/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 25,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON NOVEMBER 7, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 22, 2013, AND ON NOVEMBER 7, 2013, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $25,000.regulatory · block 11PDF pages 678–680
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM OF $1,000, WHICH WAS MADE FINAL ON NOVEMBER 6, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 19, 2013.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF JULY 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT ONE (1) INDEX END OF DAY PRICE IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM OF $1,000, WHICH WAS MADE FINAL ON NOVEMBER 6, 2013. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 19, 2013.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/06/2013
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-404B-015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Index Option(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF JULY 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT ONE (1)
INDEX END OF DAY PRICE IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/06/2013
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM OF $1,000, WHICH WAS MADE FINAL ON NOVEMBER 6, 2013. THE ASSESSMENT AMOUNT
WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 19, 2013.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM OF $1,000, WHICH WAS MADE FINAL ON NOVEMBER 6, 2013. THE ASSESSMENT AMOUNT WAS
BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 19, 2013.regulatory · block 12GOLDMAN SACHS INTERNATIONALPDF pages 680–681
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $10,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF DECEMBER, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT SEVENTY-TWO (72) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $10,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/03/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-404B-57
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF DECEMBER, 2013, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
SEVENTY-TWO (72) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE
404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/31/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $10,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE
DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $10,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE DATED
JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.regulatory · block 13PDF pages 681–683
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 2,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $2,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF DECEMBER, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT TWO (2) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $2,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/03/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-404B-056
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF DECEMBER, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT
TWO (2) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/31/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $2,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE
INVOICE DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $2,000, WHICH WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE
DATED JANUARY 31, 2014, AND PAID ON FEBRUARY 20, 2014.regulatory · block 14PDF pages 683–685
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 1,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON FEBRUARY 3, 2014.
Other filed details
Description of allegations — filed text
IN A NOTICE OF SUMMARY FINE DATED JANUARY 10, 2014, ICE FUTURES U.S., INC. ("ICE") COMPLIANCE DEPARTMENT INFORMED GOLDMAN, SACHS & CO. (THE "FIRM") THAT ON OCTOBER 23, 2013, OCTOBER 29, 2013, AND NOVEMBER 20, 2013, CERTAIN BLOCK TRADES WERE REPORTED LATE IN ALLEGED VIOLATION OF ICE RULE 4.07(C).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,500 WHICH WAS PAID BY SUBMISSION OF A WIRE ON FEBRUARY 3, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/10/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-141/148
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE OF SUMMARY FINE DATED JANUARY 10, 2014, ICE FUTURES U.S., INC. ("ICE") COMPLIANCE DEPARTMENT INFORMED GOLDMAN, SACHS &
CO. (THE "FIRM") THAT ON OCTOBER 23, 2013, OCTOBER 29, 2013, AND NOVEMBER 20, 2013, CERTAIN BLOCK TRADES WERE REPORTED LATE IN
ALLEGED VIOLATION OF ICE RULE 4.07(C).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
01/10/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,500 WHICH WAS
PAID BY SUBMISSION OF A WIRE ON FEBRUARY 3, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,500 WHICH WAS PAID BY
SUBMISSION OF A WIRE ON FEBRUARY 3, 2014.regulatory · block 15PDF pages 685–687
- Regulator name — filed text
- THE NEW YORK STOCK EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 77,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON BEHALF OF THE NYSE ON APRIL 16, 2014, AND ON MAY 5, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $77,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF THE NEW YORK STOCK EXCHANGE LLC ("NYSE"), ALLEGED THAT, DURING THE PERIOD BETWEEN APRIL 1, 2009 AND SEPTEMBER 15, 2011, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) SUBMITTED CERTAIN TRADES WITH INACCURATE ACCOUNT TYPE INDICATORS (ATIS) TO THE NYSE FOR COMPARISON AND/OR SETTLEMENT, IN ALLEGED VIOLATION OF NYSE RULE 132(A); AND (II) FAILED TO IMPLEMENT ADEQUATE SYSTEMS AND CONTROLS, INCLUDING A SEPARATE SYSTEM OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH NYSE RULE 132, IN ALLEGED VIOLATION OF NYSE RULE 342.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $77,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 5, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE NEW YORK STOCK EXCHANGE LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/16/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20120353783-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION, ON BEHALF OF THE NEW YORK STOCK
EXCHANGE LLC ("NYSE"), ALLEGED THAT, DURING THE PERIOD BETWEEN APRIL 1, 2009 AND SEPTEMBER 15, 2011, GOLDMAN, SACHS & CO. (THE
"FIRM"): (I) SUBMITTED CERTAIN TRADES WITH INACCURATE ACCOUNT TYPE INDICATORS (ATIS) TO THE NYSE FOR COMPARISON AND/OR SETTLEMENT,
IN ALLEGED VIOLATION OF NYSE RULE 132(A); AND (II) FAILED TO IMPLEMENT ADEQUATE SYSTEMS AND CONTROLS, INCLUDING A SEPARATE SYSTEM
OF FOLLOW-UP AND REVIEW, REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH NYSE RULE 132, IN ALLEGED VIOLATION OF NYSE RULE 342.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/16/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 77,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $77,500, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON MAY 5, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON BEHALF OF THE NYSE ON APRIL 16, 2014, AND ON MAY 5, 2014, THE
FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $77,500.regulatory · block 16PDF pages 687–689
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 14, 2014, AND ON APRIL 28, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $15,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF JULY 2010 THROUGH JUNE 2011: (I) CERTAIN SYSTEMS OF GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ROUTE INTERMARKET SWEEP ORDERS (ISOS) TO BATS Y, EDGE A, AND EDGE X, IN ALLEGED VIOLATION OF SEC RULE 611(A)(2); AND THAT (II) THE FIRM FAILED TO IMPLEMENT REASONABLE PROCEDURES, INCLUDING APPROPRIATE TESTING, TO ENSURE THAT THE ORDER ROUTING LOGIC IN CERTAIN TRADING SYSTEMS WAS UPDATED TO ACCOUNT FOR ALL CURRENT MARKET VENUES TO WHICH THE FIRM ROUTED ORDERS TO PREVENT TRADE-THROUGHS OF PROTECTED QUOTATIONS IN NMS STOCKS, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/14/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20110288572-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF JULY
2010 THROUGH JUNE 2011: (I) CERTAIN SYSTEMS OF GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ROUTE INTERMARKET SWEEP ORDERS (ISOS) TO
BATS Y, EDGE A, AND EDGE X, IN ALLEGED VIOLATION OF SEC RULE 611(A)(2); AND THAT (II) THE FIRM FAILED TO IMPLEMENT REASONABLE
PROCEDURES, INCLUDING APPROPRIATE TESTING, TO ENSURE THAT THE ORDER ROUTING LOGIC IN CERTAIN TRADING SYSTEMS WAS UPDATED TO
ACCOUNT FOR ALL CURRENT MARKET VENUES TO WHICH THE FIRM ROUTED ORDERS TO PREVENT TRADE-THROUGHS OF PROTECTED QUOTATIONS IN
NMS STOCKS, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 14, 2014, AND ON APRIL 28, 2014, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $15,000.regulatory · block 17PDF pages 689–690
- Regulator name — filed text
- CME GROUP, INC.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 19, 2014.
Other filed details
Description of allegations — filed text
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO MAINTAIN A COMPLETE AUDIT TRAIL FOR A MINIMUM OF 5 YEARS, IN ALLEGED VIOLATION OF CME RULE 536.B.2.
Sanction detail — filed text
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 19, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/02/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
13-1386
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO MAINTAIN A COMPLETE AUDIT TRAIL
FOR A MINIMUM OF 5 YEARS, IN ALLEGED VIOLATION OF CME RULE 536.B.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/17/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON
MAY 19, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY
19, 2014.regulatory · block 18PDF pages 690–692
- Regulator name — filed text
- CME GROUP, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 27, 2014.
Other filed details
Description of allegations — filed text
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") SUBMITTED A POSITION ADJUSTMENT DECREASING OPEN INTEREST IN THE JUNE 2013 10-YR USD INTEREST RATE SWAP CONTRACT THAT RESULTED IN AN OFFSET OF CONTRACTS REPRESENTING MORE THAN ONE PERCENT OF THE REPORTED OPEN INTEREST, IN ALLEGED VIOLATION OF CBT RULE 854.
Sanction detail — filed text
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 27, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/20/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBT-RSRH-13-1735
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP, INC. ("CME") MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") SUBMITTED A POSITION ADJUSTMENT
DECREASING OPEN INTEREST IN THE JUNE 2013 10-YR USD INTEREST RATE SWAP CONTRACT THAT RESULTED IN AN OFFSET OF CONTRACTS
REPRESENTING MORE THAN ONE PERCENT OF THE REPORTED OPEN INTEREST, IN ALLEGED VIOLATION OF CBT RULE 854.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/05/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON
MAY 27, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM CONSENTED TO THE IMPOSITION OF A FINE BY THE CME IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY
27, 2014.regulatory · block 19PDF pages 692–694
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 1,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON JUNE 4, 2014, AND ON JUNE 18, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $1,000,000. THE FIRM FURTHER AGREED THAT IT HAS CONDUCTED A REVIEW OF ITS POLICIES, SYSTEMS AND PROCEDURES RELATING TO THE DEFICIENCIES ALLEGED IN THIS AWC.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (I) BETWEEN 2004 AND 2012, SUBMITTED TO FINRA, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), AND OTHER REGULATORS, BLUE SHEETS THAT INACCURATELY REPORTED CERTAIN SHORT-SALE TRANSACTIONS AS LONG-SALE TRANSACTIONS, AND BETWEEN NOVEMBER 2012 AND JANUARY 2013, FAILED TO INCLUDE CERTAIN TRANSACTIONS IN ITS BLUE SHEETS SUBMISSIONS TO FINRA, EACH IN ALLEGED VIOLATION OF SECTION 17(A) OF THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED (THE "EXCHANGE ACT"); RULES 17A-4(J) AND 17A-25 THEREUNDER; NASD RULES 8211, 8213, AND 2110 (FOR INACCURATE BLUE SHEETS SUBMITTED BEFORE DECEMBER 15, 2008); AND FINRA RULES 8211, 8213, AND 2010; AND (II) BETWEEN 2004 AND 2013, DID NOT HAVE IN PLACE AN ADEQUATE AUDIT SYSTEM PROVIDING FOR ACCOUNTABILITY OF ITS BLUE SHEET SUBMISSIONS, IN ALLEGED VIOLATION OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4(F)(3)(V) THEREUNDER; NASD RULE 2110 AND FINRA RULE 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,000,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JUNE 18, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/04/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013037230001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM"): (I) BETWEEN 2004 AND 2012, SUBMITTED TO FINRA, THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), AND OTHER REGULATORS, BLUE
SHEETS THAT INACCURATELY REPORTED CERTAIN SHORT-SALE TRANSACTIONS AS LONG-SALE TRANSACTIONS, AND BETWEEN NOVEMBER 2012 AND
JANUARY 2013, FAILED TO INCLUDE CERTAIN TRANSACTIONS IN ITS BLUE SHEETS SUBMISSIONS TO FINRA, EACH IN ALLEGED VIOLATION OF SECTION
17(A) OF THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED (THE "EXCHANGE ACT"); RULES 17A-4(J) AND 17A-25 THEREUNDER; NASD RULES
8211, 8213, AND 2110 (FOR INACCURATE BLUE SHEETS SUBMITTED BEFORE DECEMBER 15, 2008); AND FINRA RULES 8211, 8213, AND 2010; AND (II)
BETWEEN 2004 AND 2013, DID NOT HAVE IN PLACE AN ADEQUATE AUDIT SYSTEM PROVIDING FOR ACCOUNTABILITY OF ITS BLUE SHEET SUBMISSIONS,
IN ALLEGED VIOLATION OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4(F)(3)(V) THEREUNDER; NASD RULE 2110 AND FINRA RULE 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/04/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,000,000, WHICH
WAS PAID BY SUBMISSION OF A WIRE ON JUNE 18, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON JUNE 4, 2014, AND ON JUNE 18, 2014, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $1,000,000. THE FIRM FURTHER AGREED THAT IT HAS CONDUCTED A REVIEW OF ITS POLICIES,
SYSTEMS AND PROCEDURES RELATING TO THE DEFICIENCIES ALLEGED IN THIS AWC.regulatory · block 20GOLDMAN SACHS INTERNATIONALPDF pages 694–696
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 18,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF OF $18,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2014, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT SEVENTY-TWO (72) SINGLE NAME AND EIGHT (8) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF OF $18,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/09/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014-404B-007
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2014, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
SEVENTY-TWO (72) SINGLE NAME AND EIGHT (8) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED
VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/24/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 18,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF OF $18,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY
CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF OF $18,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY
CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.regulatory · block 21PDF pages 696–697
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 3,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $3,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2014, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT THREE (3) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $3,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/09/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014-404B-008
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF MAY, 2014, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT THREE (3)
INDEX END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/24/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $3,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY
CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $3,000. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY
CLEARING FEE INVOICE, AND WAS PAID ON JULY 17, 2014.regulatory · block 22PDF pages 698–699
- Regulator name — filed text
- NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION
- Monetary/Fine Amount — filed text
- $ 125,175.05
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ON JUNE 18, 2014, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $125,175.05 TO THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JUNE 26, 2014.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ON JUNE 18, 2014, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $125,175.05 TO THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JUNE 26, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH
ISSUERS AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVES
3.
Date Initiated (MM/DD/YYYY):
06/18/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
09SEC049
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, CONDUCTED AN
INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE ADMINISTRATIVE CONSENT ORDER, THE NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL
PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE
MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/18/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 125,175.05
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH
CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ON JUNE 18, 2014, IN WHICH IT AGREED, AS PART OF A GLOBAL
SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $125,175.05 TO
THE NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JUNE 26, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH THE NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, ON JUNE 18, 2014, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $125,175.05 TO THE NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE, SECURITIES DIVISION, WHICH AMOUNT WAS PAID ON JUNE 26, 2014.regulatory · block 23PDF pages 699–701
- Regulator name — filed text
- BOURSE DE MONTRÉAL INC.
- Monetary/Fine Amount — filed text
- $ 61,969.15
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ON NOVEMBER 25, 2014, THE DISCIPLINARY COMMITTEE OF THE BOURSE (THE "COMMITTEE") INFORMED THE FIRM OF THE COMMITTEE'S APPROVAL OF AN OFFER OF SETTLEMENT (THE "OFFER OF SETTLEMENT") NEGOTIATED BETWEEN THE STAFF OF THE REGULATORY DIVISION OF THE BOURSE AND THE FIRM. THE COMMITTEE APPROVED THE OFFER OF SETTLEMENT ON NOVEMBER 14, 2014. IN THE OFFER OF SETTLEMENT, THE FIRM AGREED TO THE PAYMENT OF A FINE IN THE AMOUNT OF CAD$65,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$6,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014. AS INDICATED IN THE COMMITTEE'S APPROVAL OF THE OFFER OF SETTLEMENT, UPON LEARNING OF CERTAIN UNAPPROVED ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE, THE FIRM TOOK CORRECTIVE MEASURES, AND THE BOURSE NOTED THAT THE PROBLEM WAS CORRECTED.
Other filed details
Description of allegations — filed text
IN AN ORIGINATING NOTICE TO GOLDMAN, SACHS & CO. (THE "FIRM") DATED JUNE 18, 2013, THE BOURSE DE MONTRÉAL INC. (THE "BOURSE") ALLEGED THAT, DURING THE PERIOD FROM DECEMBER 1, 2005 TO JUNE 30, 2012, THE FIRM PROVIDED CERTAIN PERSONNEL ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE WITHOUT HAVING OBTAINED THE PRIOR APPROVAL OF THE BOURSE, IN ALLEGED CONTRAVENTION OF SECTION A) OF ARTICLE 6366 OF THE RULES OF THE BOURSE.
Sanction detail — filed text
THE FIRM AGREED TO THE PAYMENT OF A FINE IN THE AMOUNT OF CAD$65,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$6,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN CANADIAN DOLLARS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CAD$1.1538:USD$1 AS OF DECEMBER 12, 2014, THE EQUIVALENT US DOLLAR VALUE ON DECEMBER 12, 2014 WAS USD$61,969.15, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) BOURSE DE MONTRÉAL INC. 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 07/16/2014 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 12-011-DISC 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): y p y g y g y ( pp ) 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): IN AN ORIGINATING NOTICE TO GOLDMAN, SACHS & CO. (THE "FIRM") DATED JUNE 18, 2013, THE BOURSE DE MONTRÉAL INC. (THE "BOURSE") ALLEGED THAT, DURING THE PERIOD FROM DECEMBER 1, 2005 TO JUNE 30, 2012, THE FIRM PROVIDED CERTAIN PERSONNEL ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE WITHOUT HAVING OBTAINED THE PRIOR APPROVAL OF THE BOURSE, IN ALLEGED CONTRAVENTION OF SECTION A) OF ARTICLE 6366 OF THE RULES OF THE BOURSE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Decision 11. Resolution Date (MM/DD/YYYY): 11/25/2014 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 61,969.15 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE FIRM AGREED TO THE PAYMENT OF A FINE IN THE AMOUNT OF CAD$65,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$6,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN CANADIAN DOLLARS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CAD$1.1538:USD$1 AS OF DECEMBER 12, 2014, THE EQUIVALENT US DOLLAR VALUE ON DECEMBER 12, 2014 WAS USD$61,969.15, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). ON NOVEMBER 25, 2014, THE DISCIPLINARY COMMITTEE OF THE BOURSE (THE "COMMITTEE") INFORMED THE FIRM OF THE COMMITTEE'S APPROVAL OF AN OFFER OF SETTLEMENT (THE "OFFER OF SETTLEMENT") NEGOTIATED BETWEEN THE STAFF OF THE REGULATORY DIVISION OF THE BOURSE AND THE FIRM. THE COMMITTEE APPROVED THE OFFER OF SETTLEMENT ON NOVEMBER 14, 2014. IN THE OFFER OF SETTLEMENT, THE FIRM AGREED TO THE PAYMENT OF A FINE IN THE AMOUNT OF CAD$65,000, AS WELL AS AN ADDITIONAL AMOUNT OF CAD$6,500 FOR COSTS, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014. AS INDICATED IN THE COMMITTEE'S APPROVAL OF THE OFFER OF SETTLEMENT, UPON LEARNING OF CERTAIN UNAPPROVED ACCESS TO THE ELECTRONIC TRADING SYSTEM OF THE BOURSE, THE FIRM TOOK CORRECTIVE MEASURES, AND THE BOURSE NOTED THAT THE PROBLEM WAS CORRECTED.
regulatory · block 24PDF pages 701–703
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JULY 16, 2014, AND ON JULY 29, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF JANUARY 1, 2012 THROUGH APRIL 30, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES WITHIN TWENTY MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF FINRA RULES 7230A(B) AND 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JULY 29, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
07/16/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20120333211-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF JANUARY
1, 2012 THROUGH APRIL 30, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING
FACILITY CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES WITHIN TWENTY MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF FINRA RULES
7230A(B) AND 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/16/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON JULY 29, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JULY 16, 2014, AND ON JULY 29, 2014, THE FIRM SUBMITTED A WIRE
IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000.regulatory · block 25PDF pages 703–705
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON AUGUST 1, 2014, AND ON AUGUST 13, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $7,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF OCTOBER 1, 2011 THROUGH MARCH 31, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO TIMELY REPORT CERTAIN NEW ISSUE OFFERINGS IN TRACE-ELIGIBLE CORPORATE DEBT SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 6760(C).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 13, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
08/01/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012032500201
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, DURING THE PERIOD OF
OCTOBER 1, 2011 THROUGH MARCH 31, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO TIMELY REPORT CERTAIN NEW ISSUE OFFERINGS IN
TRACE-ELIGIBLE CORPORATE DEBT SECURITIES, IN ALLEGED VIOLATION OF FINRA RULE 6760(C).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/01/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $7,500, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON AUGUST 13, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON AUGUST 1, 2014, AND ON AUGUST 13, 2014, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $7,500.regulatory · block 26PDF pages 705–707
- Regulator name — filed text
- MEXDER, MERCADO MEXICANO DE DERIVADOS, S.A. DE C.V.
- Monetary/Fine Amount — filed text
- $ 851.36
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
MEXDER IMPOSED AN ECONOMIC PENALTY ON THE FIRM IN THE AMOUNT OF $11,268.24 MEXICAN PESOS IN THE AGGREGATE, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2014.
Other filed details
Description of allegations — filed text
IN A NOTICE OF A DISCIPLINARY MEASURE DATED AUGUST 25, 2014, THE SECRETARY OF THE DISCIPLINARY AND ARBITRATION COMMITTEE OF MEXDER, MERCADO MEXICANO DE DERIVADOS, S.A. DE C.V. ("MEXDER"), INFORMED GOLDMAN, SACHS & CO. (THE "FIRM") OF MEXDER'S CONCLUSION THAT THE FIRM FAILED TO TIMELY NOTIFY MEXDER OF THE WITHDRAWAL FROM REGISTRATION WITH MEXDER OF AN EMPLOYEE OF THE FIRM WHO WAS AN ACCREDITED MEXDER SALES REPRESENTATIVE AND TRADER, IN ALLEGED FAILURE TO COMPLY WITH ARTICLE 6036.00 SUBSECTION III OF MEXDER INTERNAL REGULATIONS.
Sanction detail — filed text
MEXDER IMPOSED AN ECONOMIC PENALTY ON THE FIRM IN THE AMOUNT OF $11,268.24 MEXICAN PESOS IN THE AGGREGATE, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN MEXICAN PESOS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF MXN13.2355:USD1 AS OF SEPTEMBER 18, 2014, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 18, 2014 WAS $851.36, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MEXDER, MERCADO MEXICANO DE DERIVADOS, S.A. DE C.V.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/25/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SAN0372014
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE OF A DISCIPLINARY MEASURE DATED AUGUST 25, 2014, THE SECRETARY OF THE DISCIPLINARY AND ARBITRATION COMMITTEE OF MEXDER,
MERCADO MEXICANO DE DERIVADOS, S.A. DE C.V. ("MEXDER"), INFORMED GOLDMAN, SACHS & CO. (THE "FIRM") OF MEXDER'S CONCLUSION THAT THE
FIRM FAILED TO TIMELY NOTIFY MEXDER OF THE WITHDRAWAL FROM REGISTRATION WITH MEXDER OF AN EMPLOYEE OF THE FIRM WHO WAS AN
ACCREDITED MEXDER SALES REPRESENTATIVE AND TRADER, IN ALLEGED FAILURE TO COMPLY WITH ARTICLE 6036.00 SUBSECTION III OF MEXDER
INTERNAL REGULATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/25/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 851.36
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
MEXDER IMPOSED AN ECONOMIC PENALTY ON THE FIRM IN THE AMOUNT OF $11,268.24 MEXICAN PESOS IN THE AGGREGATE, WHICH AMOUNT
WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN MEXICAN PESOS, USING THE
FEDERAL RESERVE FOREIGN EXCHANGE RATE OF MXN13.2355:USD1 AS OF SEPTEMBER 18, 2014, THE EQUIVALENT U.S. DOLLAR VALUE ON
SEPTEMBER 18, 2014 WAS $851.36, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MEXDER IMPOSED AN ECONOMIC PENALTY ON THE FIRM IN THE AMOUNT OF $11,268.24 MEXICAN PESOS IN THE AGGREGATE, WHICH AMOUNT WAS
PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2014.regulatory · block 27PDF pages 707–708
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 6, 2014, AND ON OCTOBER 16, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $5,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, FOR THE PERIOD BETWEEN APRIL 1, 2012 AND JUNE 30, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") IMPROPERLY SUBMITTED CERTAIN EXECUTION OR COMBINED ORDER/EXECUTION REPORTS THAT THE FIRM WAS NOT REQUIRED TO REPORT, IN ALLEGED VIOLATION OF FINRA RULE 7450.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 16, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/06/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012033550001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT, FOR THE PERIOD BETWEEN APRIL
1, 2012 AND JUNE 30, 2012, GOLDMAN, SACHS & CO. (THE "FIRM") IMPROPERLY SUBMITTED CERTAIN EXECUTION OR COMBINED ORDER/EXECUTION
REPORTS THAT THE FIRM WAS NOT REQUIRED TO REPORT, IN ALLEGED VIOLATION OF FINRA RULE 7450.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/06/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON OCTOBER 16, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 6, 2014, AND ON OCTOBER 16, 2014, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $5,000.regulatory · block 28PDF pages 709–710
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 55,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 24, 2014, AND ON NOVEMBER 13, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $55,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM"): (A) BASED UPON CERTAIN ITEMS FROM THE 2011 TRADING AND MARKET MAKING SURVEILLANCE EXAMINATION OF THE FIRM WHICH EXAMINED TRADE DATES OCTOBER 5, 2011 AND OCTOBER 6, 2011, FAILED TO (I) REPORT CERTAIN APPARENT CUSTOMER ORDER EVENTS TO THE ORDER AUDIT TRAIL SYSTEM ("OATS"); (II) PROVIDE A RECORD OF CERTAIN ORDER ROUTE REPORTS SUBMITTED TO OATS; AND (III) ACCURATELY APPEND THE SHORT SALE INDICATOR TO CERTAIN FINRA/NASDAQ TRADE REPORTING FACILITY (TRF) REPORTS, IN ALLEGED VIOLATION OF FINRA RULES 7450, 7440 AND 6182, RESPECTIVELY; AND (IV) DOCUMENT "STOPPED STOCK" INFORMATION ON CERTAIN CUSTOMER ORDER MEMORANDA, PROVIDE CERTAIN COMPLETE AND/OR ACCURATE CUSTOMER ORDER MEMORANDA, AND ACCURATELY MARK CERTAIN SELL TRANSACTIONS ON THE FIRM'S TRADING LEDGER, IN ALLEGED VIOLATION OF SECTION 17 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND RULE 17(A)-3 THEREUNDER, AS WELL AS NASD RULE 3110; AND (B) BASED UPON CERTAIN ITEMS FROM THE 2012 TRADING AND MARKET MAKING SURVEILLANCE EXAMINATION OF THE FIRM WHICH EXAMINED TRADE DATES OCTOBER 11, 2012 AND OCTOBER 12, 2012, (I) INCORRECTLY REPORTED THE NUMBER OF SHARES EXECUTED AT THE MARKET CENTER AS AWAY EXECUTED SHARES IN CERTAIN INSTANCES IN THE FIRM'S RULE 605 OF REGULATION NMS REPORT, AND (II) TRANSMITTED CERTAIN REPORTS THAT CONTAINED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA TO OATS, IN ALLEGED VIOLATION OF RULE 605 OF REGULATION NMS AND FINRA RULE 7450, RESPECTIVELY.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $55,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 13, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
10/24/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2011026096702
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN, SACHS & CO. (THE
"FIRM"): (A) BASED UPON CERTAIN ITEMS FROM THE 2011 TRADING AND MARKET MAKING SURVEILLANCE EXAMINATION OF THE FIRM WHICH EXAMINED
TRADE DATES OCTOBER 5, 2011 AND OCTOBER 6, 2011, FAILED TO (I) REPORT CERTAIN APPARENT CUSTOMER ORDER EVENTS TO THE ORDER AUDIT
TRAIL SYSTEM ("OATS"); (II) PROVIDE A RECORD OF CERTAIN ORDER ROUTE REPORTS SUBMITTED TO OATS; AND (III) ACCURATELY APPEND THE SHORT
SALE INDICATOR TO CERTAIN FINRA/NASDAQ TRADE REPORTING FACILITY (TRF) REPORTS, IN ALLEGED VIOLATION OF FINRA RULES 7450, 7440 AND
6182, RESPECTIVELY; AND (IV) DOCUMENT "STOPPED STOCK" INFORMATION ON CERTAIN CUSTOMER ORDER MEMORANDA, PROVIDE CERTAIN
COMPLETE AND/OR ACCURATE CUSTOMER ORDER MEMORANDA, AND ACCURATELY MARK CERTAIN SELL TRANSACTIONS ON THE FIRM'S TRADING
LEDGER, IN ALLEGED VIOLATION OF SECTION 17 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND RULE 17(A)-3 THEREUNDER, AS
WELL AS NASD RULE 3110; AND (B) BASED UPON CERTAIN ITEMS FROM THE 2012 TRADING AND MARKET MAKING SURVEILLANCE EXAMINATION OF THE
FIRM WHICH EXAMINED TRADE DATES OCTOBER 11, 2012 AND OCTOBER 12, 2012, (I) INCORRECTLY REPORTED THE NUMBER OF SHARES EXECUTED AT
THE MARKET CENTER AS AWAY EXECUTED SHARES IN CERTAIN INSTANCES IN THE FIRM'S RULE 605 OF REGULATION NMS REPORT, AND (II)
TRANSMITTED CERTAIN REPORTS THAT CONTAINED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA TO OATS, IN ALLEGED VIOLATION OF
RULE 605 OF REGULATION NMS AND FINRA RULE 7450, RESPECTIVELY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
10/24/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 55,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $55,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON NOVEMBER 13, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON OCTOBER 24, 2014, AND ON NOVEMBER 13, 2014, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $55,000.regulatory · block 29PDF pages 710–712
- Regulator name — filed text
- NEW YORK MERCANTILE EXCHANGE
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $40,000.
Other filed details
Description of allegations — filed text
A PANEL OF THE NEW YORK MERCANTILE EXCHANGE ("NYMEX") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT THE FIRM, ON JANUARY 18, 2013, AND JANUARY 23, 2013: (I) EXECUTED CERTAIN BLOCK TRADES IN COMMODITIES FUTURES CONTRACTS THAT WERE NOT REPORTED TO NYMEX WITHIN THE APPLICABLE TIME LIMIT FOLLOWING EXECUTION; (II) REPORTED INACCURATE EXECUTION TIMES FOR THESE BLOCK TRADES; AND (III) EXECUTED THE TRADES AS SPREAD TRANSACTIONS BUT MISREPORTED THEM AS OUTRIGHT TRANSACTIONS, EACH IN ALLEGED VIOLATION OF NYMEX RULE 526.F.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $40,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK MERCANTILE EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
NYMEX 10-04626-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A PANEL OF THE NEW YORK MERCANTILE EXCHANGE ("NYMEX") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED
SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED
ALLEGATIONS THAT THE FIRM, ON JANUARY 18, 2013, AND JANUARY 23, 2013: (I) EXECUTED CERTAIN BLOCK TRADES IN COMMODITIES FUTURES
CONTRACTS THAT WERE NOT REPORTED TO NYMEX WITHIN THE APPLICABLE TIME LIMIT FOLLOWING EXECUTION; (II) REPORTED INACCURATE
EXECUTION TIMES FOR THESE BLOCK TRADES; AND (III) EXECUTED THE TRADES AS SPREAD TRANSACTIONS BUT MISREPORTED THEM AS OUTRIGHT
TRANSACTIONS, EACH IN ALLEGED VIOLATION OF NYMEX RULE 526.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$40,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON
OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7,
2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $40,000.regulatory · block 30PDF pages 712–714
- Regulator name — filed text
- CHICAGO BOARD OF TRADE
- Monetary/Fine Amount — filed text
- $ 90,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $90,000.
Other filed details
Description of allegations — filed text
A PANEL OF THE CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT THE FIRM: (I) ON SEVERAL OCCASIONS BETWEEN DECEMBER 30, 2009, AND NOVEMBER 27, 2012, EXECUTED MULTIPLE BLOCK TRADES FOR CUSTOMERS IN VARIOUS CBOT INTEREST RATE FUTURES CONTRACTS THAT WERE NOT REPORTED TO CBOT WITHIN THE APPLICABLE TIME LIMIT FOLLOWING EXECUTION, REPORTED TO CBOT INACCURATE EXECUTION TIMES OF CERTAIN BLOCK TRADES, FAILED TO MAINTAIN ACCURATE RECORDS WITH RESPECT TO CERTAIN BLOCK TRADE EXECUTIONS, AND DID NOT ACCURATELY REFLECT THE TIME OF EXECUTION ON CERTAIN ORDER TICKETS, IN ALLEGED VIOLATION OF CBOT RULES 526.F AND 536.A; AND (II) ON JANUARY 6, 2010, AND ON AUGUST 1, 2013, THE FIRM CONSUMMATED A BLOCK TRADE WITH A CUSTOMER AND, AFTER REALIZING THE TRADE WAS NOT REPORTED TO CBOT WITHIN THE REQUISITE TIME LIMIT, CANCELED THE BLOCK TRADE AND EXECUTED AN IDENTICAL TRADE WITH THE SAME CUSTOMER, IN ALLEGED VIOLATION OF CBOT RULE 526.F.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $90,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBOT 10-04626-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A PANEL OF THE CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER
MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT
THE FIRM: (I) ON SEVERAL OCCASIONS BETWEEN DECEMBER 30, 2009, AND NOVEMBER 27, 2012, EXECUTED MULTIPLE BLOCK TRADES FOR
CUSTOMERS IN VARIOUS CBOT INTEREST RATE FUTURES CONTRACTS THAT WERE NOT REPORTED TO CBOT WITHIN THE APPLICABLE TIME LIMIT
FOLLOWING EXECUTION, REPORTED TO CBOT INACCURATE EXECUTION TIMES OF CERTAIN BLOCK TRADES, FAILED TO MAINTAIN ACCURATE RECORDS
WITH RESPECT TO CERTAIN BLOCK TRADE EXECUTIONS, AND DID NOT ACCURATELY REFLECT THE TIME OF EXECUTION ON CERTAIN ORDER TICKETS, IN
ALLEGED VIOLATION OF CBOT RULES 526.F AND 536.A; AND (II) ON JANUARY 6, 2010, AND ON AUGUST 1, 2013, THE FIRM CONSUMMATED A BLOCK
TRADE WITH A CUSTOMER AND, AFTER REALIZING THE TRADE WAS NOT REPORTED TO CBOT WITHIN THE REQUISITE TIME LIMIT, CANCELED THE BLOCK
TRADE AND EXECUTED AN IDENTICAL TRADE WITH THE SAME CUSTOMER, IN ALLEGED VIOLATION OF CBOT RULE 526.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 90,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$90,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON
OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7,
2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $90,000.regulatory · block 31GOLDMAN SACHS INTERNATIONALPDF pages 714–716
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $20,000, WHICH WAS FINALIZED BY NOTICE DATED NOVEMBER 12, 2014. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 18, 2014.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF SEPTEMBER, 2014, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT FIFTY-FOUR (54) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
Sanction detail — filed text
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $20,000, WHICH WAS FINALIZED BY NOTICE DATED NOVEMBER 12, 2014. THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 18, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/12/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014-404B-025
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICE") ALLEGED THAT DURING THE MONTH OF SEPTEMBER, 2014, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
FIFTY-FOUR (54) SINGLE NAME END OF DAY PRICES IN ACCORDANCE WITH ICE RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICE RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/12/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $20,000, WHICH WAS FINALIZED BY NOTICE DATED NOVEMBER 12, 2014.
THE ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 18, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $20,000, WHICH WAS FINALIZED BY NOTICE DATED NOVEMBER 12, 2014. THE
ASSESSMENT AMOUNT WAS BILLED IN AN ICE MONTHLY CLEARING FEE INVOICE, AND WAS PAID ON DECEMBER 18, 2014.regulatory · block 32GOLDMAN SACHS INTERNATIONALPDF pages 716–718
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- SWISS FEDERAL DEPARTMENT OF FINANCE
- Monetary/Fine Amount — filed text
- $ 20,842.02
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GSI ENTERED INTO A SETTLEMENT AGREEMENT WITH FDF ON OCTOBER 27, 2014, AND CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON NOVEMBER 4, 2014.
Other filed details
Description of allegations — filed text
THE FEDERAL DEPARTMENT OF FINANCE ("FDF") OF THE SWISS CONFEDERATION ALLEGED THAT GOLDMAN SACHS INTERNATIONAL ("GSI") WAS LATE IN PUBLISHING A DROP BELOW A NOTIFIABLE THRESHOLD IN THE FIRM'S HOLDINGS IN A QUALIFIED INTEREST IN CERTAIN SECURITIES IN THE PERIOD BETWEEN SEPTEMBER 25, 2012, AND DECEMBER 20, 2012, IN ALLEGED INFRINGEMENT OF ARTICLE 41 OF THE SWISS FEDERAL ACT ON STOCK EXCHANGES AND SECURITIES TRADING (SESTA).
Sanction detail — filed text
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GSI CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON NOVEMBER 4, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN SWISS FRANCS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CHF1:USD0.9596 AS OF NOVEMBER 4, 2014, THE EQUIVALENT U.S. DOLLAR VALUE ON NOVEMBER 4, 2014 WAS $20,842.02, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWISS FEDERAL DEPARTMENT OF FINANCE
2.
Principal Sanction:
Other
Other Sanctions:
REPARATION PAYMENT
3.
Date Initiated (MM/DD/YYYY):
10/27/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
442.2-126
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FEDERAL DEPARTMENT OF FINANCE ("FDF") OF THE SWISS CONFEDERATION ALLEGED THAT GOLDMAN SACHS INTERNATIONAL ("GSI") WAS LATE IN
PUBLISHING A DROP BELOW A NOTIFIABLE THRESHOLD IN THE FIRM'S HOLDINGS IN A QUALIFIED INTEREST IN CERTAIN SECURITIES IN THE PERIOD
BETWEEN SEPTEMBER 25, 2012, AND DECEMBER 20, 2012, IN ALLEGED INFRINGEMENT OF ARTICLE 41 OF THE SWISS FEDERAL ACT ON STOCK
EXCHANGES AND SECURITIES TRADING (SESTA).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/27/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,842.02
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GSI CONSENTED TO A PAYMENT TO THE SWISS
CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON NOVEMBER 4, 2014. WHILE THE ACTUAL PAYMENT WAS MADE IN
SWISS FRANCS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CHF1:USD0.9596 AS OF NOVEMBER 4, 2014, THE EQUIVALENT U.S.
DOLLAR VALUE ON NOVEMBER 4, 2014 WAS $20,842.02, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GSI ENTERED INTO A SETTLEMENT AGREEMENT WITH
FDF ON OCTOBER 27, 2014, AND CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS
PAID ON NOVEMBER 4, 2014.regulatory · block 33PDF pages 718–720
- Regulator name — filed text
- CHICAGO MERCANTILE EXCHANGE
- Monetary/Fine Amount — filed text
- $ 70,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $70,000.
Other filed details
Description of allegations — filed text
A PANEL OF THE CHICAGO MERCANTILE EXCHANGE ("CME") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT THE FIRM: (I) ON THREE OCCASIONS BETWEEN NOVEMBER 28, 2011, AND JUNE 26, 2013, EXECUTED CERTAIN BLOCK TRADES FOR CUSTOMERS IN CME CONTRACTS THAT WERE NOT REPORTED TO CME WITHIN THE APPLICABLE TIME LIMIT FOLLOWING EXECUTION, IN VIOLATION OF CME RULE 526.F, AND ON TWO ADDITIONAL OCCASIONS, EXECUTED BLOCK ELIGIBLE SPREAD TRADES WHERE EACH LEG OF THE SPREAD WAS NOT EXECUTED AT THE SAME PRICE, IN ALLEGED VIOLATION OF CME RULE 526.D; (II) ON JUNE 26, 2013, CONSUMMATED A BLOCK TRADE TO SELL CURRENCY FUTURES TO A CUSTOMER AND, AFTER REALIZING THE TRADE WAS NOT REPORTED TO CME WITHIN THE REQUISITE TIME LIMIT, CANCELED THE BLOCK TRADE AND EXECUTED AN IDENTICAL TRADE WITH THE SAME CUSTOMER, IN ALLEGED VIOLATION OF CME RULE 526.F; AND (III) ON ONE OF THE ABOVE OCCASIONS, FAILED TO MAINTAIN ACCURATE RECORDS WITH RESPECT TO THE BLOCK TRADE EXECUTIONS IN THAT AN ORDER TICKET WAS MISSING, AND ON AT LEAST ONE OF THE ABOVE OCCASIONS, REPORTED TO CME AN INACCURATE EXECUTION TIME OF THE BLOCK TRADE, IN ALLEGED VIOLATION OF CME RULES 536.A AND 526.F.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $70,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO MERCANTILE EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CME 10-04626-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A PANEL OF THE CHICAGO MERCANTILE EXCHANGE ("CME") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT
OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS
THAT THE FIRM: (I) ON THREE OCCASIONS BETWEEN NOVEMBER 28, 2011, AND JUNE 26, 2013, EXECUTED CERTAIN BLOCK TRADES FOR CUSTOMERS
IN CME CONTRACTS THAT WERE NOT REPORTED TO CME WITHIN THE APPLICABLE TIME LIMIT FOLLOWING EXECUTION, IN VIOLATION OF CME RULE
526.F, AND ON TWO ADDITIONAL OCCASIONS, EXECUTED BLOCK ELIGIBLE SPREAD TRADES WHERE EACH LEG OF THE SPREAD WAS NOT EXECUTED AT
THE SAME PRICE, IN ALLEGED VIOLATION OF CME RULE 526.D; (II) ON JUNE 26, 2013, CONSUMMATED A BLOCK TRADE TO SELL CURRENCY FUTURES
TO A CUSTOMER AND, AFTER REALIZING THE TRADE WAS NOT REPORTED TO CME WITHIN THE REQUISITE TIME LIMIT, CANCELED THE BLOCK TRADE
AND EXECUTED AN IDENTICAL TRADE WITH THE SAME CUSTOMER, IN ALLEGED VIOLATION OF CME RULE 526.F; AND (III) ON ONE OF THE ABOVE
OCCASIONS, FAILED TO MAINTAIN ACCURATE RECORDS WITH RESPECT TO THE BLOCK TRADE EXECUTIONS IN THAT AN ORDER TICKET WAS MISSING,
AND ON AT LEAST ONE OF THE ABOVE OCCASIONS, REPORTED TO CME AN INACCURATE EXECUTION TIME OF THE BLOCK TRADE, IN ALLEGED
VIOLATION OF CME RULES 536.A AND 526.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 70,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$70,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON
OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7,
2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $70,000.regulatory · block 34PDF pages 720–721
- Regulator name — filed text
- CHICAGO BOARD OF TRADE
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $1,000.
Other filed details
Description of allegations — filed text
A PANEL OF THE CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT ON ONE OR MORE OCCASIONS FROM 2010 THROUGH 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO PROPERLY REGISTER CERTAIN TAG50 USER IDS AND ALLOWED CERTAIN ORDERS TO BE ENTERED ON GLOBEX USING INCORRECT TAG50 USER IDS, IN ALLEGED VIOLATION OF CBOT RULE 576.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBOT 13-7766-7767-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A PANEL OF THE CHICAGO BOARD OF TRADE ("CBOT") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER
MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT
ON ONE OR MORE OCCASIONS FROM 2010 THROUGH 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO PROPERLY REGISTER CERTAIN TAG50
USER IDS AND ALLOWED CERTAIN ORDERS TO BE ENTERED ON GLOBEX USING INCORRECT TAG50 USER IDS, IN ALLEGED VIOLATION OF CBOT RULE
576.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$1,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON
OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7,
2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $1,000.regulatory · block 35PDF pages 722–723
- Regulator name — filed text
- CHICAGO MERCANTILE EXCHANGE
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $2,500.
Other filed details
Description of allegations — filed text
A PANEL OF THE CHICAGO MERCANTILE EXCHANGE ("CME") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS THAT ON ONE OR MORE OCCASIONS FROM 2010 THROUGH 2013, THE FIRM FAILED TO PROPERLY REGISTER CERTAIN TAG50 USER IDS AND ALLOWED CERTAIN ORDERS TO BE ENTERED ON GLOBEX USING INCORRECT TAG50 USER IDS, IN ALLEGED VIOLATION OF CME RULE 576.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO MERCANTILE EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CME 13-7766-7767-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
A PANEL OF THE CHICAGO MERCANTILE EXCHANGE ("CME") BUSINESS CONDUCT COMMITTEE (THE "PANEL") ACCEPTED A NEGOTIATED SETTLEMENT
OFFER MADE BY GOLDMAN, SACHS & CO. (THE "FIRM") AND SUPPORTED BY THE MARKET REGULATION DEPARTMENT WHICH CONCERNED ALLEGATIONS
THAT ON ONE OR MORE OCCASIONS FROM 2010 THROUGH 2013, THE FIRM FAILED TO PROPERLY REGISTER CERTAIN TAG50 USER IDS AND ALLOWED
CERTAIN ORDERS TO BE ENTERED ON GLOBEX USING INCORRECT TAG50 USER IDS, IN ALLEGED VIOLATION OF CME RULE 576.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/30/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON NOVEMBER 7, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED A SETTLEMENT OFFER TO THE PANEL. ON
OCTOBER 28, 2014, THE PANEL ACCEPTED THE SETTLEMENT OFFER AND ISSUED A DECISION EFFECTIVE ON OCTOBER 30, 2014. ON NOVEMBER 7,
2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $2,500.regulatory · block 36PDF pages 723–725
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $15,000, WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 28, 2014.
Other filed details
Description of allegations — filed text
ICE FUTURES U.S., INC. ("IFUS") COMPLIANCE DEPARTMENT ISSUED A NOTICE OF SUMMARY FINE, DATED NOVEMBER 19, 2014, TO GOLDMAN, SACHS & CO. (THE "FIRM"), STATING THAT: (I) ON FEBRUARY 11, 2013 AND MARCH 11, 2013, THE FIRM FAILED TO ENTER CERTAIN CROSSING ORDERS ("CO") FOR CERTAIN OPPOSING ORDERS SUBMITTED SIMULTANEOUSLY BY A COMMON ACCOUNT MANAGER ON BEHALF OF ACCOUNTS WITH SEPARATE BENEFICIAL OWNERS; AND (II) SPECIFICALLY, ON EACH DATE, THE FIRM ENTERED CERTAIN OPPOSING ORDERS WITHOUT THE USE OF IFUS CO FUNCTIONALITY, RESULTING IN CERTAIN FUTURES SPREADS TRANSACTING AGAINST ONE ANOTHER, IN VIOLATION OF IFUS RULE 4.02(I)(2).
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $15,000, WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 28, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/19/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-016/028
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE FUTURES U.S., INC. ("IFUS") COMPLIANCE DEPARTMENT ISSUED A NOTICE OF SUMMARY FINE, DATED NOVEMBER 19, 2014, TO GOLDMAN, SACHS &
CO. (THE "FIRM"), STATING THAT: (I) ON FEBRUARY 11, 2013 AND MARCH 11, 2013, THE FIRM FAILED TO ENTER CERTAIN CROSSING ORDERS ("CO")
FOR CERTAIN OPPOSING ORDERS SUBMITTED SIMULTANEOUSLY BY A COMMON ACCOUNT MANAGER ON BEHALF OF ACCOUNTS WITH SEPARATE
BENEFICIAL OWNERS; AND (II) SPECIFICALLY, ON EACH DATE, THE FIRM ENTERED CERTAIN OPPOSING ORDERS WITHOUT THE USE OF IFUS CO
FUNCTIONALITY, RESULTING IN CERTAIN FUTURES SPREADS TRANSACTING AGAINST ONE ANOTHER, IN VIOLATION OF IFUS RULE 4.02(I)(2).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/19/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $15,000, WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 28, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $15,000, WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 28, 2014.regulatory · block 37J. ARON & COMPANYPDF pages 725–727
- Advisory affiliate name — filed text
- J. ARON & COMPANY
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON ENTERED INTO A SETTLEMENT AGREEMENT, WHICH WAS APPROVED BY THE BCC, IN WHICH J. ARON: (I) AGREED TO CEASE AND DESIST FROM FUTURE VIOLATIONS OF IFUS RULE 6.20(B); AND (II) CONSENTED TO A MONETARY PAYMENT OF $82,064 IN THE AGGREGATE, CONSISTING OF A FINE IN THE AMOUNT OF $20,000, AND DISGORGEMENT OF PROFITS IN THE AMOUNT OF $62,064, BOTH OF WHICH WERE PAID BY SUBMISSION OF A WIRE ON NOVEMBER 26, 2014.
Other filed details
Description of allegations — filed text
ICE FUTURES U.S., INC. ("IFUS") BUSINESS CONDUCT COMMITTEE ("BCC") DETERMINED THAT J. ARON & COMPANY ("J. ARON") MAY HAVE, IN ONE (1) INSTANCE, EXCEEDED THE SPOT MONTH SPECULATIVE POSITION LIMIT ESTABLISHED BY IFUS IN AN ENERGY FUTURES CONTRACT DURING CONTRACT EXPIRATION, IN ALLEGED VIOLATION OF IFUS RULE 6.20(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON CONSENTED TO A MONETARY PAYMENT OF $82,064 IN THE AGGREGATE, CONSISTING OF A FINE IN THE AMOUNT OF $20,000, AND DISGORGEMENT OF PROFITS IN THE AMOUNT OF $62,064, BOTH OF WHICH WERE PAID BY SUBMISSION OF A WIRE ON NOVEMBER 26, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
J. ARON & COMPANY
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
11/24/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013-155
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE FUTURES U.S., INC. ("IFUS") BUSINESS CONDUCT COMMITTEE ("BCC") DETERMINED THAT J. ARON & COMPANY ("J. ARON") MAY HAVE, IN ONE (1)
INSTANCE, EXCEEDED THE SPOT MONTH SPECULATIVE POSITION LIMIT ESTABLISHED BY IFUS IN AN ENERGY FUTURES CONTRACT DURING CONTRACT
EXPIRATION, IN ALLEGED VIOLATION OF IFUS RULE 6.20(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
11/24/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON CONSENTED TO A MONETARY PAYMENT OF $82,064 IN THE
AGGREGATE, CONSISTING OF A FINE IN THE AMOUNT OF $20,000, AND DISGORGEMENT OF PROFITS IN THE AMOUNT OF $62,064, BOTH OF
WHICH WERE PAID BY SUBMISSION OF A WIRE ON NOVEMBER 26, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON ENTERED INTO A SETTLEMENT AGREEMENT, WHICH WAS APPROVED BY THE
BCC, IN WHICH J. ARON: (I) AGREED TO CEASE AND DESIST FROM FUTURE VIOLATIONS OF IFUS RULE 6.20(B); AND (II) CONSENTED TO A MONETARY
PAYMENT OF $82,064 IN THE AGGREGATE, CONSISTING OF A FINE IN THE AMOUNT OF $20,000, AND DISGORGEMENT OF PROFITS IN THE AMOUNT OF
$62,064, BOTH OF WHICH WERE PAID BY SUBMISSION OF A WIRE ON NOVEMBER 26, 2014.regulatory · block 38PDF pages 727–729
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF CONSENT WHICH WAS APPROVED BY THE CBOE BUSINESS CONDUCT COMMITTEE ON DECEMBER 1, 2014, AND ON DECEMBER 9, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $20,000.
Other filed details
Description of allegations — filed text
THE CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") ALLEGED THAT, DURING THE APPROXIMATE PERIOD FROM IN OR ABOUT JANUARY 2009 THROUGH IN OR ABOUT FEBRUARY 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) ON CERTAIN OCCASIONS, TO GRANT PRIORITY TO THE HIGHEST BID AND/OR LOWEST OFFER WHEN SUCH BID OR OFFER WAS AVAILABLE, AND TO USE DUE DILIGENCE TO EXECUTE CERTAIN ORDERS AT THE BEST PRICES AVAILABLE, IN ALLEGED VIOLATION OF CBOE RULES 6.45A, 6.45B AND 6.73; AND (II) TO ASSURE COMPLIANCE WITH SUCH RULES, IN ALLEGED VIOLATION OF CBOE RULE 4.2.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 9, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/01/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
14-0047
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") ALLEGED THAT, DURING THE APPROXIMATE PERIOD FROM IN OR ABOUT JANUARY
2009 THROUGH IN OR ABOUT FEBRUARY 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED: (I) ON CERTAIN OCCASIONS, TO GRANT PRIORITY TO THE
HIGHEST BID AND/OR LOWEST OFFER WHEN SUCH BID OR OFFER WAS AVAILABLE, AND TO USE DUE DILIGENCE TO EXECUTE CERTAIN ORDERS AT THE
BEST PRICES AVAILABLE, IN ALLEGED VIOLATION OF CBOE RULES 6.45A, 6.45B AND 6.73; AND (II) TO ASSURE COMPLIANCE WITH SUCH RULES, IN
ALLEGED VIOLATION OF CBOE RULE 4.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/01/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON DECEMBER 9, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
CONSENT WHICH WAS APPROVED BY THE CBOE BUSINESS CONDUCT COMMITTEE ON DECEMBER 1, 2014, AND ON DECEMBER 9, 2014, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $20,000.regulatory · block 39PDF pages 729–731
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 5,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 10, 2014, AND ON DECEMBER 18, 2014, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $5,000,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT IN CONNECTION WITH EFFORTS BY GOLDMAN, SACHS & CO. (THE "FIRM") AND OTHER BROKER-DEALERS TO PARTICIPATE IN A COMPANY'S PLANNED INITIAL PUBLIC OFFERING (IPO), THE FIRM: (A) ALLOWED A RESEARCH ANALYST TO PARTICIPATE IN THE SOLICITATION OF CERTAIN INVESTMENT BANKING BUSINESS; (B) OFFERED FAVORABLE RESEARCH COVERAGE TO INDUCE THE RECEIPT OF INVESTMENT BANKING BUSINESS; AND (C) FAILED TO ADOPT AND IMPLEMENT POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF NASD RULE 2711, IN ALLEGED VIOLATION OF NASD RULES 2711(C)(4), 2711(E), AND 2711(I), RESPECTIVELY, AND EACH IN ALLEGED VIOLATION OF FINRA RULE 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/10/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2011030683301
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
INITIAL PUBLIC OFFERING
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT IN CONNECTION WITH EFFORTS BY
GOLDMAN, SACHS & CO. (THE "FIRM") AND OTHER BROKER-DEALERS TO PARTICIPATE IN A COMPANY'S PLANNED INITIAL PUBLIC OFFERING (IPO), THE
FIRM: (A) ALLOWED A RESEARCH ANALYST TO PARTICIPATE IN THE SOLICITATION OF CERTAIN INVESTMENT BANKING BUSINESS; (B) OFFERED
FAVORABLE RESEARCH COVERAGE TO INDUCE THE RECEIPT OF INVESTMENT BANKING BUSINESS; AND (C) FAILED TO ADOPT AND IMPLEMENT POLICIES
AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF NASD RULE 2711, IN ALLEGED VIOLATION OF NASD RULES 2711(C)(4),
2711(E), AND 2711(I), RESPECTIVELY, AND EACH IN ALLEGED VIOLATION OF FINRA RULE 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/10/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000,000, WHICH
WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 18, 2014.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 10, 2014, AND ON DECEMBER 18, 2014, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $5,000,000.regulatory · block 40PDF pages 731–732
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 18,750.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 23, 2014, AND ON JANUARY 9, 2015, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $18,750.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIOD OF AUGUST 2003 THROUGH DECEMBER 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO: (I) HAVE ADEQUATE PROCEDURES, INCLUDING WRITTEN SUPERVISORY PROCEDURES, REASONABLY DESIGNED TO IDENTIFY MATERIAL CHANGES IN ACCESS AND MANAGEMENT OF CERTAIN ACCOUNTS THAT WERE GRANTED AN EXEMPTION FROM AGGREGATING OPTIONS POSITIONS BY THE INTERMARKET SURVEILLANCE GROUP (ISG) IN ORDER TO ASSURE THAT PROPER NOTICE WAS GIVEN TO CERTAIN OPTIONS EXCHANGES (THE "EXCHANGES"); AND (II) PROVIDE NOTICE TO THE EXCHANGES OF ANY SUCH CHANGES, IN ALLEGED VIOLATION OF NASD RULES 3010 AND 2110 (FOR CONDUCT PRIOR TO DECEMBER 15, 2008) AND FINRA RULE 2010 (FOR CONDUCT ON AND AFTER DECEMBER 15, 2008).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $18,750, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JANUARY 9, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/23/2014
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012031743301
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT DURING THE PERIOD OF AUGUST
2003 THROUGH DECEMBER 2011, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO: (I) HAVE ADEQUATE PROCEDURES, INCLUDING WRITTEN
SUPERVISORY PROCEDURES, REASONABLY DESIGNED TO IDENTIFY MATERIAL CHANGES IN ACCESS AND MANAGEMENT OF CERTAIN ACCOUNTS THAT
WERE GRANTED AN EXEMPTION FROM AGGREGATING OPTIONS POSITIONS BY THE INTERMARKET SURVEILLANCE GROUP (ISG) IN ORDER TO ASSURE
THAT PROPER NOTICE WAS GIVEN TO CERTAIN OPTIONS EXCHANGES (THE "EXCHANGES"); AND (II) PROVIDE NOTICE TO THE EXCHANGES OF ANY
SUCH CHANGES, IN ALLEGED VIOLATION OF NASD RULES 3010 AND 2110 (FOR CONDUCT PRIOR TO DECEMBER 15, 2008) AND FINRA RULE 2010 (FOR
CONDUCT ON AND AFTER DECEMBER 15, 2008).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/23/2014
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 18,750.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $18,750, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON JANUARY 9, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 23, 2014, AND ON JANUARY 9, 2015, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $18,750.regulatory · block 41GOLDMAN SACHS MÉXICO, CASA DE BOLSA, S.A. DE C.V.PDF pages 732–734
- Advisory affiliate name — filed text
- GOLDMAN SACHS MÉXICO, CASA DE BOLSA, S.A. DE C.V.
- Regulator name — filed text
- COMISIÓN NACIONAL BANCARIA Y DE VALORES OF THE UNITED MEXICAN STATES (MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION)
- Monetary/Fine Amount — filed text
- $ 17,274.33
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION IMPOSED AN ADMINISTRATIVE FINANCIAL PENALTY ON GS MEXICO IN THE AMOUNT OF MXN$269,160, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON MARCH 10, 2015.
Other filed details
Description of allegations — filed text
ON FEBRUARY 17, 2015, THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION NOTIFIED GOLDMAN SACHS MÉXICO, CASA DE BOLSA, S.A. DE C.V. ("GS MEXICO") OF ITS DECISION TO IMPOSE AN ADMINISTRATIVE PENALTY FOR THE FAILURE BY GS MEXICO TO TIMELY FILE A QUARTERLY REPORT OF U.S. DOLLAR CASH TRANSACTIONS EFFECTED DURING THE FIRST QUARTER OF 2014 IN ACCORDANCE WITH SECTION 35 OF THE NEW GENERAL GUIDELINES TO ARTICLE 212 OF THE MEXICAN SECURITIES MARKET LAW (NUEVAS DISPOSICIONES DE CARÁCTER GENERAL A QUE SE REFIERE EL ARTÍCULO 212 DE LA LEY DEL MERCADO DE VALORES).
Sanction detail — filed text
THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION IMPOSED AN ADMINISTRATIVE FINANCIAL PENALTY ON GS MEXICO IN THE AMOUNT OF MXN$269,160 IN THE AGGREGATE, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON MARCH 10, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN MEXICAN PESOS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF MXN$15.5815:USD$1 AS OF MARCH 10, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON MARCH 10, 2015 WAS USD$17,274.33, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS MÉXICO,
CASA DE BOLSA, S.A. DE C.V.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMISIÓN NACIONAL BANCARIA Y DE VALORES OF THE UNITED MEXICAN STATES (MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/17/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
211/21378/2015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON FEBRUARY 17, 2015, THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION NOTIFIED GOLDMAN SACHS MÉXICO, CASA DE BOLSA, S.A.
DE C.V. ("GS MEXICO") OF ITS DECISION TO IMPOSE AN ADMINISTRATIVE PENALTY FOR THE FAILURE BY GS MEXICO TO TIMELY FILE A QUARTERLY
REPORT OF U.S. DOLLAR CASH TRANSACTIONS EFFECTED DURING THE FIRST QUARTER OF 2014 IN ACCORDANCE WITH SECTION 35 OF THE NEW
GENERAL GUIDELINES TO ARTICLE 212 OF THE MEXICAN SECURITIES MARKET LAW (NUEVAS DISPOSICIONES DE CARÁCTER GENERAL A QUE SE
REFIERE EL ARTÍCULO 212 DE LA LEY DEL MERCADO DE VALORES).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
02/17/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 17,274.33
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION IMPOSED AN ADMINISTRATIVE FINANCIAL PENALTY ON GS MEXICO IN THE
AMOUNT OF MXN$269,160 IN THE AGGREGATE, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON MARCH 10, 2015. WHILE THE ACTUAL
PAYMENT WAS MADE IN MEXICAN PESOS, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF MXN$15.5815:USD$1 AS OF MARCH 10,
2015, THE EQUIVALENT U.S. DOLLAR VALUE ON MARCH 10, 2015 WAS USD$17,274.33, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE MEXICAN NATIONAL BANKING AND SECURITIES COMMISSION IMPOSED AN ADMINISTRATIVE FINANCIAL PENALTY ON GS MEXICO IN THE AMOUNT
OF MXN$269,160, WHICH AMOUNT WAS PAID BY SUBMISSION OF A WIRE ON MARCH 10, 2015.regulatory · block 42GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.PDF pages 734–736
- Advisory affiliate name — filed text
- GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.
- Regulator name — filed text
- ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS
- Monetary/Fine Amount — filed text
- $ 6,137.87
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ANBIMA AND THE OFFERING COORDINATORS ENTERED INTO A SETTLEMENT AGREEMENT ON MARCH 18, 2015, IN WHICH THE OFFERING COORDINATORS AGREED TO PREPARE AN EDUCATIONAL MATERIAL AND SCHEDULE INTERNAL WORKSHOPS TO BE PRESENTED BY REPRESENTATIVES FROM ANBIMA TO THE INVESTMENT BANKING TEAM OF EACH OFFERING COORDINATOR ON THE RULES OF ANBIMA'S CODE. IN ADDITION, THE OFFERING COORDINATORS AGREED TO A FINANCIAL PAYMENT TO ANBIMA, GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.'S PORTION OF WHICH WAS BRL$18,894.83, WHICH AMOUNT WILL BE PAID BY GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. UPON RECEIPT OF AN INVOICE.
Other filed details
Description of allegations — filed text
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS ("ANBIMA") ALLEGED THAT, CERTAIN BRAZILIAN FINANCIAL INSTITUTIONS, INCLUDING GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. ("OFFERING COORDINATORS") ACTING IN A PUBLIC OFFERING (THE "OFFERING") OF EQUITY SECURITIES OF THE BRAZILIAN ISSUER OI S.A. (THE "ISSUER"), FAILED TO APPROPRIATELY DISCLOSE CERTAIN RELATIONSHIPS IN THE OFFERING MATERIALS ASSOCIATED WITH CERTAIN OFFERING COORDINATORS BEING CREDITORS AND SECURITY HOLDERS OF THE ISSUER WHO USED PART OF THE PROCEEDS FROM THE OFFERING TO AMORTIZE SUCH LOANS (PARTIALLY OR TOTALLY), IN ALLEGED CONTRAVENTION OF ARTICLE 10 OF THE ANBIMA CODE OF REGULATION AND BEST PRACTICES TO PUBLIC OFFERINGS (CÓDIGO ANBIMA DE REGULAÇÃO E MELHORES PRÁTICAS PARA OFERTAS PÚBLICAS DE DISTRIBUIÇÃO E AQUISIÇÃO DE VALORES MOBILIÁRIOS, "ANBIMA'S CODE").
Sanction detail — filed text
ANBIMA AND THE OFFERING COORDINATORS ENTERED INTO A SETTLEMENT AGREEMENT ON MARCH 18, 2015, IN WHICH THE OFFERING COORDINATORS AGREED TO PREPARE EDUCATIONAL MATERIAL AND SCHEDULE INTERNAL WORKSHOPS TO BE PRESENTED BY REPRESENTATIVES FROM ANBIMA TO THE INVESTMENT BANKING TEAM OF EACH OFFERING COORDINATOR ON THE RULES OF ANBIMA'S CODE. IN ADDITION, THE OFFERING COORDINATORS AGREED TO A FINANCIAL PAYMENT TO ANBIMA, GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.'S PORTION OF WHICH WAS BRL$18,894.83, WHICH AMOUNT WILL BE PAID BY GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. UPON RECEIPT OF AN INVOICE. WHILE THE ACTUAL PAYMENT WILL BE MADE IN BRAZILIAN REAIS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF BRL$3.0784:USD$1 AS OF APRIL 10, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON APRIL 10, 2015 WAS USD$6,137.87, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS DO BRASIL
BANCO MÚLTIPLO S.A.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/18/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS ("ANBIMA") ALLEGED THAT, CERTAIN BRAZILIAN
FINANCIAL INSTITUTIONS, INCLUDING GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. ("OFFERING COORDINATORS") ACTING IN A PUBLIC
OFFERING (THE "OFFERING") OF EQUITY SECURITIES OF THE BRAZILIAN ISSUER OI S.A. (THE "ISSUER"), FAILED TO APPROPRIATELY DISCLOSE
CERTAIN RELATIONSHIPS IN THE OFFERING MATERIALS ASSOCIATED WITH CERTAIN OFFERING COORDINATORS BEING CREDITORS AND SECURITY
HOLDERS OF THE ISSUER WHO USED PART OF THE PROCEEDS FROM THE OFFERING TO AMORTIZE SUCH LOANS (PARTIALLY OR TOTALLY), IN ALLEGED
CONTRAVENTION OF ARTICLE 10 OF THE ANBIMA CODE OF REGULATION AND BEST PRACTICES TO PUBLIC OFFERINGS (CÓDIGO ANBIMA DE
REGULAÇÃO E MELHORES PRÁTICAS PARA OFERTAS PÚBLICAS DE DISTRIBUIÇÃO E AQUISIÇÃO DE VALORES MOBILIÁRIOS, "ANBIMA'S CODE").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
03/18/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,137.87
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ANBIMA AND THE OFFERING COORDINATORS ENTERED INTO A SETTLEMENT AGREEMENT ON MARCH 18, 2015, IN WHICH THE OFFERING
COORDINATORS AGREED TO PREPARE EDUCATIONAL MATERIAL AND SCHEDULE INTERNAL WORKSHOPS TO BE PRESENTED BY REPRESENTATIVES
FROM ANBIMA TO THE INVESTMENT BANKING TEAM OF EACH OFFERING COORDINATOR ON THE RULES OF ANBIMA'S CODE. IN ADDITION, THE
OFFERING COORDINATORS AGREED TO A FINANCIAL PAYMENT TO ANBIMA, GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.'S PORTION OF
WHICH WAS BRL$18,894.83, WHICH AMOUNT WILL BE PAID BY GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. UPON RECEIPT OF AN
INVOICE. WHILE THE ACTUAL PAYMENT WILL BE MADE IN BRAZILIAN REAIS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN
EXCHANGE RATE OF BRL$3.0784:USD$1 AS OF APRIL 10, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON APRIL 10, 2015 WAS USD$6,137.87,
WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ANBIMA AND THE OFFERING COORDINATORS ENTERED INTO A SETTLEMENT AGREEMENT ON MARCH 18, 2015, IN WHICH THE OFFERING
COORDINATORS AGREED TO PREPARE AN EDUCATIONAL MATERIAL AND SCHEDULE INTERNAL WORKSHOPS TO BE PRESENTED BY REPRESENTATIVES
FROM ANBIMA TO THE INVESTMENT BANKING TEAM OF EACH OFFERING COORDINATOR ON THE RULES OF ANBIMA'S CODE. IN ADDITION, THE OFFERING
COORDINATORS AGREED TO A FINANCIAL PAYMENT TO ANBIMA, GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.'S PORTION OF WHICH WAS
BRL$18,894.83, WHICH AMOUNT WILL BE PAID BY GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. UPON RECEIPT OF AN INVOICE.regulatory · block 43PDF pages 736–738
- Regulator name — filed text
- CBOE FUTURES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE CFE IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON APRIL 9, 2015.
Other filed details
Description of allegations — filed text
CBOE FUTURES EXCHANGE, LLC ("CFE") ALLEGED THAT GOLDMAN, SACHS & CO. FAILED TO DESIGNATE ONE CFE OFF EXCHANGE TRADE ON AN ACCOUNT STATEMENT AS A BLOCK TRADE, AND TO PROVIDE AN ORDER TICKET FOR ANOTHER BLOCK TRADE, EACH IN ALLEGED VIOLATION OF CFE RULE 415(E).
Sanction detail — filed text
THE CFE IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON APRIL 9, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE FUTURES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/12/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
105141/107480
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
BLOCK TRADES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CBOE FUTURES EXCHANGE, LLC ("CFE") ALLEGED THAT GOLDMAN, SACHS & CO. FAILED TO DESIGNATE ONE CFE OFF EXCHANGE TRADE ON AN
ACCOUNT STATEMENT AS A BLOCK TRADE, AND TO PROVIDE AN ORDER TICKET FOR ANOTHER BLOCK TRADE, EACH IN ALLEGED VIOLATION OF CFE
RULE 415(E).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
04/12/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFE IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON APRIL
9, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFE IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON APRIL 9,
2015.regulatory · block 44PDF pages 738–740
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON JUNE 9, 2015.
Other filed details
Description of allegations — filed text
ICE FUTURES U.S., INC. ("IFUS") COMPLIANCE DEPARTMENT ISSUED A NOTICE OF SUMMARY FINE, DATED MAY 26, 2015, TO GOLDMAN, SACHS & CO. (THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 4.07 ON MARCH 9, 2015 BY FAILING TO REPORT A BLOCK TRADE IN A TIMELY MANNER.
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON JUNE 9, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/26/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-042
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
BLOCK TRADE
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE FUTURES U.S., INC. ("IFUS") COMPLIANCE DEPARTMENT ISSUED A NOTICE OF SUMMARY FINE, DATED MAY 26, 2015, TO GOLDMAN, SACHS & CO.
(THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 4.07 ON MARCH 9, 2015 BY FAILING TO REPORT A BLOCK TRADE IN A TIMELY
MANNER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
05/26/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON JUNE 9, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON JUNE 9, 2015.regulatory · block 45PDF pages 740–742
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 185,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, FINE AND UNDERTAKING AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JUNE 3, 2015, AND ON JULY 9, 2015, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $185,000. IN THE UNDERTAKING, THE FIRM CONSENTED TO PROVIDE THREE REPORTS, WRITTEN AND ORAL, TO FINRA ON DATES THAT ARE NO MORE THAN 3 MONTHS, 6 MONTHS, AND 12 MONTHS AFTER THE DATE OF THE NOTICE OF ACCEPTANCE OF THE AWC, REGARDING THE EFFECTIVENESS OF THE FIRM'S WRITTEN SUPERVISORY PROCEDURES WITH RESPECT TO TIMELY SUBMISSION OF ACCURATE REPORTS TO TRACE.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) GOLDMAN, SACHS & CO. ("GSCO") FAILED TO TIMELY REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE"), CERTAIN TRANSACTIONS IN (A) TRACE-ELIGIBLE CORPORATE DEBT SECURITIES, DURING THE PERIOD OF APRIL 1, 2013 THROUGH JUNE 30, 2013 IN ALLEGED VIOLATION OF FINRA RULES 6730(A) AND 2010; AND (B) SECURITIZED PRODUCTS AND AGENCY DEBT SECURITIES, DURING THE PERIOD OF JANUARY 1, 2014 THROUGH MARCH 31, 2014, EACH IN ALLEGED VIOLATION OF FINRA RULE 6730(A), AND WITH REGARD TO THE TRACE-ELIGIBLE SECURITIZED PRODUCTS, IN ALLEGED VIOLATION OF FINRA RULE 2010; AND (II) GSCO'S WRITTEN SUPERVISORY PROCEDURES FAILED TO PROVIDE FOR THE MINIMUM REQUIREMENTS FOR TIMELY SUBMISSION OF ACCURATE REPORTS TO TRACE, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $185,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JULY 9, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
06/03/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013037909601
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
AGENCY DEBT AND SECURITIZED PRODUCTS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) GOLDMAN, SACHS & CO.
("GSCO") FAILED TO TIMELY REPORT TO THE TRADE REPORTING AND COMPLIANCE ENGINE ("TRACE"), CERTAIN TRANSACTIONS IN (A) TRACE-ELIGIBLE
CORPORATE DEBT SECURITIES, DURING THE PERIOD OF APRIL 1, 2013 THROUGH JUNE 30, 2013 IN ALLEGED VIOLATION OF FINRA RULES 6730(A) AND
2010; AND (B) SECURITIZED PRODUCTS AND AGENCY DEBT SECURITIES, DURING THE PERIOD OF JANUARY 1, 2014 THROUGH MARCH 31, 2014, EACH
IN ALLEGED VIOLATION OF FINRA RULE 6730(A), AND WITH REGARD TO THE TRACE-ELIGIBLE SECURITIZED PRODUCTS, IN ALLEGED VIOLATION OF
FINRA RULE 2010; AND (II) GSCO'S WRITTEN SUPERVISORY PROCEDURES FAILED TO PROVIDE FOR THE MINIMUM REQUIREMENTS FOR TIMELY
SUBMISSION OF ACCURATE REPORTS TO TRACE, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/03/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 185,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $185,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON JULY 9, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, FINE AND UNDERTAKING AND ENTERED
INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON JUNE 3, 2015, AND ON JULY 9, 2015, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $185,000. IN THE UNDERTAKING, THE FIRM CONSENTED TO PROVIDE THREE
REPORTS, WRITTEN AND ORAL, TO FINRA ON DATES THAT ARE NO MORE THAN 3 MONTHS, 6 MONTHS, AND 12 MONTHS AFTER THE DATE OF THE NOTICE
OF ACCEPTANCE OF THE AWC, REGARDING THE EFFECTIVENESS OF THE FIRM'S WRITTEN SUPERVISORY PROCEDURES WITH RESPECT TO TIMELY
SUBMISSION OF ACCURATE REPORTS TO TRACE.regulatory · block 46PDF pages 742–744
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 500,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS, PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933 AND SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER ON JUNE 18, 2015 BY THE SEC PURSUANT TO WHICH THE FIRM: (I) SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933; (II) PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000 ON JUNE 25, 2015; AND (III) SHALL COMPLY WITH THE UNDERTAKINGS ENUMERATED IN THE ORDER.
Other filed details
Description of allegations — filed text
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") CONDUCTED INADEQUATE DUE DILIGENCE IN CERTAIN OFFERINGS AND, AS A RESULT, FAILED TO FORM A REASONABLE BASIS FOR BELIEVING THE TRUTHFULNESS OF CERTAIN MATERIAL REPRESENTATIONS IN OFFICIAL STATEMENTS ISSUED IN CONNECTION WITH THOSE OFFERINGS. THIS RESULTED IN THE FIRM OFFERING AND SELLING MUNICIPAL SECURITIES ON THE BASIS OF MATERIALLY MISLEADING DISCLOSURE DOCUMENTS. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933. THE VIOLATIONS DISCUSSED IN THE ORDER WERE SELF-REPORTED BY THE FIRM TO THE SEC PURSUANT TO THE DIVISION OF ENFORCEMENT'S MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE.
Sanction detail — filed text
THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000, WHICH THE FIRM PAID ON JUNE 25, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) U.S. SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CEASE AND DESIST; UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 06/18/2015 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-16619 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Debt - Municipal Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") CONDUCTED INADEQUATE DUE DILIGENCE IN CERTAIN OFFERINGS AND, AS A RESULT, FAILED TO FORM A REASONABLE BASIS FOR BELIEVING THE TRUTHFULNESS OF CERTAIN MATERIAL REPRESENTATIONS IN OFFICIAL STATEMENTS ISSUED IN CONNECTION WITH THOSE OFFERINGS. THIS RESULTED IN THE FIRM OFFERING AND SELLING MUNICIPAL SECURITIES ON THE BASIS OF MATERIALLY MISLEADING DISCLOSURE DOCUMENTS. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933. THE VIOLATIONS DISCUSSED IN THE ORDER WERE SELF-REPORTED BY THE FIRM TO THE SEC PURSUANT TO THE DIVISION OF ENFORCEMENT'S MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 06/18/2015 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 500,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: THE ORDER ALSO REQUIRES THE FIRM TO RETAIN AN INDEPENDENT CONSULTANT TO CONDUCT A REVIEW OF THE FIRM'S POLICIES AND PROCEDURES AS THEY RELATE TO MUNICIPAL SECURITIES UNDERWRITING DUE DILIGENCE AND REQUIRES THE FIRM TO ADOPT THE INDEPENDENT CONSULTANT'S RECOMMENDATIONS (UNLESS THE SEC FINDS A RECOMMENDATION UNDULY BURDENSOME, IMPRACTICAL, OR INAPPROPRIATE, IN WHICH CASE THE FIRM SHALL NOT BE REQUIRED TO ABIDE BY, ADOPT, OR IMPLEMENT THAT RECOMMENDATION). Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000, WHICH THE FIRM PAID ON JUNE 25, 2015. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS, PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933 AND SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER ON JUNE 18, 2015 BY THE SEC PURSUANT TO WHICH THE FIRM: (I) SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 17(A)(2) OF THE SECURITIES ACT OF 1933; (II) PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000 ON JUNE 25, 2015; AND (III) SHALL COMPLY WITH THE UNDERTAKINGS ENUMERATED IN THE ORDER.
regulatory · block 47PDF pages 744–745
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 7,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS, PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER ON JUNE 30, 2015 BY THE SEC PURSUANT TO WHICH THE FIRM: (I) SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15(C)(3) OF THE EXCHANGE ACT AND RULE 15C3-5 THEREUNDER; (II) IS CENSURED; AND (III) PAID A TOTAL CIVIL MONEY PENALTY OF $7 MILLION ON JUNE 30, 2015.
Other filed details
Description of allegations — filed text
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") DID NOT HAVE A SYSTEM OF RISK MANAGEMENT CONTROLS AND SUPERVISORY PROCEDURES REASONABLY DESIGNED TO MANAGE THE FINANCIAL, REGULATORY, AND OTHER RISKS OF MARKET ACCESS IN RELATION TO ITS LISTED EQUITY OPTIONS BUSINESS, WHICH CONTRIBUTED TO THE ENTRY OF ERRONEOUS ELECTRONIC OPTIONS ORDERS ON MULTIPLE OPTIONS EXCHANGES ON AUGUST 20, 2013. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED SECTION 15(C) (3) OF THE EXCHANGE ACT AND RULE 15C3-5 THEREUNDER IN RELATION TO ITS CONTROLS AND SUPERVISORY PROCEDURES ADDRESSING (I) THE ENTRY OF ORDERS THAT EXCEED APPROPRIATE PRE-SET CREDIT OR CAPITAL THRESHOLDS; (II) THE ENTRY OF ERRONEOUS ORDERS THAT EXCEED APPROPRIATE PRICE OR SIZE PARAMETERS OR THAT INDICATE DUPLICATIVE ORDERS; AND (III) THE MANAGEMENT OF SOFTWARE CHANGES THAT IMPACT ORDER FLOW.
Sanction detail — filed text
THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $7 MILLION, WHICH THE FIRM PAID ON JUNE 30, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) U.S. SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CEASE AND DESIST; CENSURE 3. Date Initiated (MM/DD/YYYY): 06/30/2015 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-16665 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Options Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") HAS ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") DID NOT HAVE A SYSTEM OF RISK MANAGEMENT CONTROLS AND SUPERVISORY PROCEDURES REASONABLY DESIGNED TO MANAGE THE FINANCIAL, REGULATORY, AND OTHER RISKS OF MARKET ACCESS IN RELATION TO ITS LISTED EQUITY OPTIONS BUSINESS, WHICH CONTRIBUTED TO THE ENTRY OF ERRONEOUS ELECTRONIC OPTIONS ORDERS ON MULTIPLE OPTIONS EXCHANGES ON AUGUST 20, 2013. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED SECTION 15(C) (3) OF THE EXCHANGE ACT AND RULE 15C3-5 THEREUNDER IN RELATION TO ITS CONTROLS AND SUPERVISORY PROCEDURES ADDRESSING (I) THE ENTRY OF ORDERS THAT EXCEED APPROPRIATE PRE-SET CREDIT OR CAPITAL THRESHOLDS; (II) THE ENTRY OF ERRONEOUS ORDERS THAT EXCEED APPROPRIATE PRICE OR SIZE PARAMETERS OR THAT INDICATE DUPLICATIVE ORDERS; AND (III) THE MANAGEMENT OF SOFTWARE CHANGES THAT IMPACT ORDER FLOW. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 06/30/2015 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 7,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $7 MILLION, WHICH THE FIRM PAID ON JUNE 30, 2015. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS, PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER ON JUNE 30, 2015 BY THE SEC PURSUANT TO WHICH THE FIRM: (I) SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 15(C)(3) OF THE EXCHANGE ACT AND RULE 15C3-5 THEREUNDER; (II) IS CENSURED; AND (III) PAID A TOTAL CIVIL MONEY PENALTY OF $7 MILLION ON JUNE 30, 2015.
regulatory · block 48GOLDMAN SACHS SAUDI ARABIAPDF pages 745–747
- Advisory affiliate name — filed text
- GOLDMAN SACHS SAUDI ARABIA
- Regulator name — filed text
- CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
- Monetary/Fine Amount — filed text
- $ 2,666.35
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON JULY 5, 2015. THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA AND TO NOTIFY THE CMA OF THE BOARD'S RESPONSE IN THIS REGARD.
Other filed details
Description of allegations — filed text
IN A LETTER DATED JUNE 17, 2015 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY (THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING THAT GSSA WAS LATE IN NOTIFYING THE CMA OF THE RESIGNATION OF GSSA'S CHIEF EXECUTIVE OFFICER, IN ALLEGED VIOLATION OF ARTICLE 15 PARAGRAPH A OF THE CMA LICENSEES REGULATIONS.
Sanction detail — filed text
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON JULY 5, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI ARABIAN RIYALS, USING THE FOREIGN EXCHANGE SPOT RATE OF SAR1:USD0.2666347 AS OF JULY 6, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON JULY 5, 2015 WAS US$2,666.35, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS SAUDI
ARABIA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/17/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
161/4/2015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A LETTER DATED JUNE 17, 2015 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY
(THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING THAT GSSA WAS LATE IN NOTIFYING THE CMA OF THE RESIGNATION OF GSSA'S
CHIEF EXECUTIVE OFFICER, IN ALLEGED VIOLATION OF ARTICLE 15 PARAGRAPH A OF THE CMA LICENSEES REGULATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/17/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,666.35
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE NEXT MEETING OF THE BOARD OF
DIRECTORS OF GSSA AND TO NOTIFY THE CMA OF THE BOARD'S RESPONSE IN THIS REGARD.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS
PAID BY SUBMISSION OF A WIRE ON JULY 5, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI ARABIAN RIYALS, USING THE FOREIGN
EXCHANGE SPOT RATE OF SAR1:USD0.2666347 AS OF JULY 6, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON JULY 5, 2015 WAS US$2,666.35,
WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY
SUBMISSION OF A WIRE ON JULY 5, 2015. THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE
NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA AND TO NOTIFY THE CMA OF THE BOARD'S RESPONSE IN THIS REGARD.regulatory · block 49PDF pages 747–749
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE COMMITTEE. ON JULY 16, 2015, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON JULY 30, 2015, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $15,000.
Other filed details
Description of allegations — filed text
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO APPROPRIATELY REGISTER WITH THE CBOE: (I) ON VARIOUS DATES BETWEEN ON OR ABOUT NOVEMBER 5, 2011 THROUGH ON OR ABOUT OCTOBER 10, 2014, FIVE (5) ASSOCIATED PERSONS AS A PROPRIETARY TRADER (PT), AND (II) BY NOVEMBER 5, 2011, ITS CHIEF COMPLIANCE OFFICER AS A PROPRIETARY TRADER COMPLIANCE OFFICER (CT), EACH IN ALLEGED VIOLATION OF CBOE RULE 3.6A.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $15,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JULY 30, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
02/26/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
15-0005 / 20150442706
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT GOLDMAN,
SACHS & CO. (THE "FIRM") FAILED TO APPROPRIATELY REGISTER WITH THE CBOE: (I) ON VARIOUS DATES BETWEEN ON OR ABOUT NOVEMBER 5, 2011
THROUGH ON OR ABOUT OCTOBER 10, 2014, FIVE (5) ASSOCIATED PERSONS AS A PROPRIETARY TRADER (PT), AND (II) BY NOVEMBER 5, 2011, ITS
CHIEF COMPLIANCE OFFICER AS A PROPRIETARY TRADER COMPLIANCE OFFICER (CT), EACH IN ALLEGED VIOLATION OF CBOE RULE 3.6A.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/16/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$15,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JULY 30, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE
COMMITTEE. ON JULY 16, 2015, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON JULY 30, 2015, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $15,000.regulatory · block 50PDF pages 749–751
- Regulator name — filed text
- C2 OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE COMMITTEE. ON JULY 16, 2015, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON JULY 30, 2015, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $2,500.
Other filed details
Description of allegations — filed text
C2 OPTIONS EXCHANGE, INCORPORATED ("C2") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT, FROM ON OR ABOUT MARCH 27, 2013 THROUGH ON OR ABOUT JULY 11, 2014, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO APPROPRIATELY REGISTER ITS FINANCIAL AND OPERATIONS PRINCIPAL AS A FINANCIAL AND OPERATIONS PRINCIPAL (FN) WITH C2, IN ALLEGED VIOLATION OF C2 RULE 3.4.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JULY 30, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
C2 OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
02/26/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
C2 15-0001 / 20150442481
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
C2 OPTIONS EXCHANGE, INCORPORATED ("C2") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT, FROM ON OR ABOUT MARCH 27,
2013 THROUGH ON OR ABOUT JULY 11, 2014, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO APPROPRIATELY REGISTER ITS FINANCIAL AND
OPERATIONS PRINCIPAL AS A FINANCIAL AND OPERATIONS PRINCIPAL (FN) WITH C2, IN ALLEGED VIOLATION OF C2 RULE 3.4.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/16/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$2,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON JULY 30, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE
COMMITTEE. ON JULY 16, 2015, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON JULY 30, 2015, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $2,500.regulatory · block 51PDF pages 751–753
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 19,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $19,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY CLEARING FEE INVOICE.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT DURING THE MONTH OF JUNE 2015, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT CERTAIN INDEX PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
Sanction detail — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $19,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY CLEARING FEE INVOICE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/08/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-404B-020
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT DURING THE MONTH OF JUNE 2015, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT CERTAIN
INDEX PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/14/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 19,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $19,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY
CLEARING FEE INVOICE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $19,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY
CLEARING FEE INVOICE.regulatory · block 52GOLDMAN SACHS INTERNATIONALPDF pages 753–754
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 127,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $127,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY CLEARING FEE INVOICE.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT DURING THE MONTH OF JUNE 2015, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT CERTAIN SINGLE NAME END OF DAY PRICES AND CERTAIN INDEX PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
Sanction detail — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $127,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY CLEARING FEE INVOICE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/08/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-404B-021
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT DURING THE MONTH OF JUNE 2015, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
CERTAIN SINGLE NAME END OF DAY PRICES AND CERTAIN INDEX PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION
OF ICC RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/14/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 127,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $127,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY
CLEARING FEE INVOICE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $127,000, WHICH AMOUNT WAS DIRECT DEBITED IN AN ICC MONTHLY CLEARING
FEE INVOICE.regulatory · block 53GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.PDF pages 755–757
- Advisory affiliate name — filed text
- GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A.
- Regulator name — filed text
- ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS
- Monetary/Fine Amount — filed text
- $ 144,982.17
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION, ANBIMA AND GSBR ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2015, IN WHICH GSBR AGREED TO: (I) ENSURE FULL COMPLIANCE WITH ALL PROVISIONS OF THE ANBIMA'S CODE OF FUNDS, SPECIFICALLY WITH RESPECT TO MATTERS RELATING TO THE PAI; (II) ADOPT ADDITIONAL INTERNAL CONTROLS RELATING TO GOVERNANCE AND MANAGEMENT OF THE FUND AND CONDUCT RELATED TRAINING WITH SUBMISSION TO ANBIMA OF A LIST OF ATTENDEES OF THE TRAINING ONCE COMPLETED; (III) REFRAIN FROM PREPARATION OF ANY MATERIAL FOR DISTRIBUTION, SOLICITATION, ADVERTISEMENT OR ANY OTHER MATERIAL INTENDED TO SOLICIT NEW SHAREHOLDERS FOR THE FUND; AND (IV) REFRAIN FROM USING THE FUND'S PERFORMANCE TRACK RECORD IN THE MARKETING MATERIAL OF ANY OTHER FUND MANAGED BY GSBR FOR A PERIOD OF TWELVE (12) MONTHS. IN ADDITION, GSBR AGREED TO MAKE A FINANCIAL PAYMENT TO ANBIMA IN THE AMOUNT OF FIVE HUNDRED THOUSAND REAIS (BRL$500,000.00), WHICH AMOUNT WAS PAID BY GSBR ON AUGUST 3, 2015.
Other filed details
Description of allegations — filed text
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS ("ANBIMA") FILED A PROCEEDING FOR INVESTIGATION OF IRREGULARITIES ("PAI") TO INVESTIGATE WHETHER GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. ("GSBR") MAY HAVE VIOLATED ARTICLE 27, PARAGRAPH 3, V OF THE ANBIMA CODE OF REGULATION AND BEST PRACTICES TO INVESTMENT FUNDS (CÓDIGO ANBIMA DE REGULAÇÃO E MELHORES PRÁTICAS PARA FUNDOS DE INVESTIMENTO, "ANBIMA'S CODE OF FUNDS") IN CONNECTION WITH GSBR'S TAX TREATMENT OF PAYMENTS OF INTEREST ON CAPITAL IN CONNECTION WITH STOCK LENDING TRADES INVOLVING A BRAZILIAN INVESTMENT FUND MANAGED BY GSBR (THE "FUND").
Sanction detail — filed text
GSBR AGREED TO MAKE A FINANCIAL PAYMENT TO ANBIMA IN THE AMOUNT OF FIVE HUNDRED THOUSAND REAIS (BRL$500,000.00), WHICH AMOUNT WAS PAID BY GSBR ON AUGUST 3, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN BRAZILIAN REAIS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF BRL$3.4487:USD$1 AS OF AUGUST 3, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON AUGUST 3, 2015 WAS USD$144,982.17, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS DO BRASIL
BANCO MÚLTIPLO S.A.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
07/22/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
005/2015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ANBIMA ASSOCIAÇÃO BRASILEIRA DAS ENTIDADES DOS MERCADOS FINANCEIRO E DE CAPITAIS ("ANBIMA") FILED A PROCEEDING FOR
INVESTIGATION OF IRREGULARITIES ("PAI") TO INVESTIGATE WHETHER GOLDMAN SACHS DO BRASIL BANCO MÚLTIPLO S.A. ("GSBR") MAY HAVE
VIOLATED ARTICLE 27, PARAGRAPH 3, V OF THE ANBIMA CODE OF REGULATION AND BEST PRACTICES TO INVESTMENT FUNDS (CÓDIGO ANBIMA DE
REGULAÇÃO E MELHORES PRÁTICAS PARA FUNDOS DE INVESTIMENTO, "ANBIMA'S CODE OF FUNDS") IN CONNECTION WITH GSBR'S TAX TREATMENT OF
PAYMENTS OF INTEREST ON CAPITAL IN CONNECTION WITH STOCK LENDING TRADES INVOLVING A BRAZILIAN INVESTMENT FUND MANAGED BY GSBR
(THE "FUND").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
07/22/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 144,982.17
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION, ANBIMA AND GSBR ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2015, IN
WHICH GSBR AGREED TO: (I) ENSURE FULL COMPLIANCE WITH ALL PROVISIONS OF THE ANBIMA'S CODE OF FUNDS, SPECIFICALLY WITH
RESPECT TO MATTERS RELATING TO THE PAI; (II) ADOPT ADDITIONAL INTERNAL CONTROLS RELATING TO GOVERNANCE AND MANAGEMENT OF
THE FUND AND CONDUCT RELATED TRAINING WITH SUBMISSION TO ANBIMA OF A LIST OF ATTENDEES OF THE TRAINING ONCE COMPLETED; (III)
REFRAIN FROM PREPARATION OF ANY MATERIAL FOR DISTRIBUTION, SOLICITATION, ADVERTISEMENT OR ANY OTHER MATERIAL INTENDED TO
SOLICIT NEW SHAREHOLDERS FOR THE FUND; AND (IV) REFRAIN FROM USING THE FUND'S PERFORMANCE TRACK RECORD IN THE MARKETING
MATERIAL OF ANY OTHER FUND MANAGED BY GSBR FOR A PERIOD OF TWELVE (12) MONTHS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSBR AGREED TO MAKE A FINANCIAL PAYMENT TO ANBIMA IN THE AMOUNT OF FIVE HUNDRED THOUSAND REAIS (BRL$500,000.00), WHICH
AMOUNT WAS PAID BY GSBR ON AUGUST 3, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN BRAZILIAN REAIS, USING THE MOST RECENTLY
PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF BRL$3.4487:USD$1 AS OF AUGUST 3, 2015, THE EQUIVALENT U.S. DOLLAR VALUE
ON AUGUST 3, 2015 WAS USD$144,982.17, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION, ANBIMA AND GSBR ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2015, IN WHICH
GSBR AGREED TO: (I) ENSURE FULL COMPLIANCE WITH ALL PROVISIONS OF THE ANBIMA'S CODE OF FUNDS, SPECIFICALLY WITH RESPECT TO MATTERS
RELATING TO THE PAI; (II) ADOPT ADDITIONAL INTERNAL CONTROLS RELATING TO GOVERNANCE AND MANAGEMENT OF THE FUND AND CONDUCT
RELATED TRAINING WITH SUBMISSION TO ANBIMA OF A LIST OF ATTENDEES OF THE TRAINING ONCE COMPLETED; (III) REFRAIN FROM PREPARATION
OF ANY MATERIAL FOR DISTRIBUTION, SOLICITATION, ADVERTISEMENT OR ANY OTHER MATERIAL INTENDED TO SOLICIT NEW SHAREHOLDERS FOR THE
FUND; AND (IV) REFRAIN FROM USING THE FUND'S PERFORMANCE TRACK RECORD IN THE MARKETING MATERIAL OF ANY OTHER FUND MANAGED BY
GSBR FOR A PERIOD OF TWELVE (12) MONTHS. IN ADDITION, GSBR AGREED TO MAKE A FINANCIAL PAYMENT TO ANBIMA IN THE AMOUNT OF FIVE
HUNDRED THOUSAND REAIS (BRL$500,000.00), WHICH AMOUNT WAS PAID BY GSBR ON AUGUST 3, 2015.regulatory · block 54J. ARON & COMPANYPDF pages 757–758
- Advisory affiliate name — filed text
- J. ARON & COMPANY
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 35,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON ENTERED INTO A SETTLEMENT AGREEMENT, WHICH WAS APPROVED BY THE BCC SUBCOMMITTEE, IN WHICH J. ARON: (I) AGREED TO CEASE AND DESIST FROM FUTURE VIOLATIONS OF IFUS RULE 6.20(B); AND (II) CONSENTED TO A FINE IN THE AMOUNT OF $35,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 2, 2015.
Other filed details
Description of allegations — filed text
AN ICE FUTURES U.S., INC. ("IFUS") SUBCOMMITTEE OF THE BUSINESS CONDUCT COMMITTEE (THE "BCC SUBCOMMITTEE") DETERMINED THAT J. ARON & COMPANY ("J. ARON") MAY HAVE VIOLATED IFUS RULE 6.20(B) IN ONE (1) INSTANCE BY CARRYING A POSITION IN EXCESS OF APPLICABLE SPOT MONTH POSITION LIMITS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON CONSENTED TO A FINE IN THE AMOUNT OF $35,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 2, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
J. ARON & COMPANY
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
e e t
sted
te
t at occu
ed
o e t a
te
yea s ago
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST
3.
Date Initiated (MM/DD/YYYY):
08/11/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014-111
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
AN ICE FUTURES U.S., INC. ("IFUS") SUBCOMMITTEE OF THE BUSINESS CONDUCT COMMITTEE (THE "BCC SUBCOMMITTEE") DETERMINED THAT J. ARON
& COMPANY ("J. ARON") MAY HAVE VIOLATED IFUS RULE 6.20(B) IN ONE (1) INSTANCE BY CARRYING A POSITION IN EXCESS OF APPLICABLE SPOT
MONTH POSITION LIMITS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/11/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 35,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON CONSENTED TO A FINE IN THE AMOUNT OF $35,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 2, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY VIOLATION OF IFUS RULES, J. ARON ENTERED INTO A SETTLEMENT AGREEMENT, WHICH WAS APPROVED BY THE
BCC SUBCOMMITTEE, IN WHICH J. ARON: (I) AGREED TO CEASE AND DESIST FROM FUTURE VIOLATIONS OF IFUS RULE 6.20(B); AND (II) CONSENTED TO
A FINE IN THE AMOUNT OF $35,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 2, 2015.regulatory · block 55GOLDMAN SACHS INTERNATIONALPDF pages 759–760
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
- Monetary/Fine Amount — filed text
- $ 1,218,475.35
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
BAFIN IMPOSED A MONETARY PENALTY ON GSI OF 1,107,503.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 1,100,000 EUROS AND PROCEDURAL EXPENSES OF 7,503.50 EUROS, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015.
Other filed details
Description of allegations — filed text
THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") ALLEGED CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") OF THE OWNERSHIP THRESHOLD NOTIFICATION REQUIREMENTS OF SECTIONS 21, 25 AND 25A OF THE GERMAN SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG").
Sanction detail — filed text
BAFIN IMPOSED A MONETARY PENALTY ON GSI OF 1,107,503.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 1,100,000 EUROS AND PROCEDURAL EXPENSES OF 7,503.50 EUROS, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN EUROS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF EUR1:USD1.1002 AS OF DECEMBER 11, 2015, THE EQUIVALENT US DOLLAR VALUE ON DECEMBER 11, 2015 WAS $1,218,475.35, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/12/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
WA 17-WP 3120-2012/0035 - 3121-2014/0027
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") ALLEGED
CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") OF THE OWNERSHIP THRESHOLD NOTIFICATION REQUIREMENTS OF SECTIONS 21, 25
AND 25A OF THE GERMAN SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/23/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,218,475.35
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
BAFIN IMPOSED A MONETARY PENALTY ON GSI OF 1,107,503.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF
1,100,000 EUROS AND PROCEDURAL EXPENSES OF 7,503.50 EUROS, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015. WHILE THE ACTUAL
PAYMENT WAS MADE IN EUROS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF EUR1:USD1.1002 AS
OF DECEMBER 11, 2015, THE EQUIVALENT US DOLLAR VALUE ON DECEMBER 11, 2015 WAS $1,218,475.35, WHICH AMOUNT IS REFLECTED IN
ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
BAFIN IMPOSED A MONETARY PENALTY ON GSI OF 1,107,503.50 EUROS IN THE AGGREGATE, REPRESENTING AN ADMINISTRATIVE FINE OF 1,100,000
EUROS AND PROCEDURAL EXPENSES OF 7,503.50 EUROS, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015.regulatory · block 56PDF pages 760–762
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $1,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY CLEARING FEE INVOICE.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICC") ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2015, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT ONE (1) INDEX END OF DAY PRICE IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
Sanction detail — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $1,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY CLEARING FEE INVOICE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/06/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-404B-039
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICC") ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2015, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT
ONE (1) INDEX END OF DAY PRICE IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/19/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $1,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC
MONTHLY CLEARING FEE INVOICE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICC MADE A SUMMARY ASSESSMENT AGAINST THE FIRM IN THE AMOUNT OF $1,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY
CLEARING FEE INVOICE.regulatory · block 57GOLDMAN SACHS INTERNATIONALPDF pages 762–764
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 7,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $7,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY CLEARING FEE INVOICE.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT, LLC ("ICC") ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2015, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT SEVEN (7) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
Sanction detail — filed text
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $7,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY CLEARING FEE INVOICE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/06/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-404B-038
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT, LLC ("ICC") ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2015, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO SUBMIT
SEVEN (7) INDEX END OF DAY PRICES IN ACCORDANCE WITH ICC RULES AND PROCEDURES, IN ALLEGED VIOLATION OF ICC RULE 404(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/19/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $7,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY
CLEARING FEE INVOICE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICC MADE A SUMMARY ASSESSMENT AGAINST GSI IN THE AMOUNT OF $7,000, WHICH AMOUNT IS DIRECT DEBITED IN THE NEXT ICC MONTHLY
CLEARING FEE INVOICE.regulatory · block 58THE GOLDMAN SACHS GROUP, INC.PDF pages 764–766
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES
- Monetary/Fine Amount — filed text
- $ 50,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GOLDMAN SACHS AND THE DFS ENTERED INTO A CONSENT ORDER UNDER NEW YORK STATE BANKING LAW SECTIONS 39 AND 44 ON OCTOBER 28, 2015 (THE "CONSENT ORDER"), PURSUANT TO WHICH GOLDMAN SACHS: (A) VOLUNTARILY WILL NOT ACCEPT ANY NEW ENGAGEMENTS THAT WOULD REQUIRE THE DFS TO AUTHORIZE THE DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10) TO GOLDMAN SACHS DURING THE THREE-YEAR PERIOD FOLLOWING THE DATE OF THE CONSENT ORDER; (B) AGREED TO IMPLEMENT REFORMS TO ITS POLICIES AND PROCEDURES THAT ARE REASONABLY DESIGNED TO PREVENT THE IMPROPER USE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10), INCLUDING: (I) POLICIES AND PROCEDURES REASONABLY DESIGNED TO ENSURE THE PROTECTION AND PROPER HANDLING OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); (II) CONFIRMING THAT, TO THE BEST OF GOLDMAN SACHS' KNOWLEDGE, AS OF THE DATE OF THE CONSENT ORDER, GOLDMAN SACHS HAD NOT ACCEPTED ANY ENGAGEMENTS THAT WOULD REQUIRE THE DFS TO AUTHORIZE THE DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); (III) POLICIES AND PROCEDURES REASONABLY DESIGNED TO ENSURE THAT GOLDMAN SACHS IS AWARE OF APPLICABLE POST-EMPLOYMENT RESTRICTIONS FOR FORMER GOVERNMENT EMPLOYEES HIRED AFTER THE DATE OF THE CONSENT ORDER WHO HAVE LEFT THE GOVERNMENT WITHIN THE PAST FIVE YEARS AND THAT GOLDMAN SACHS HAS TAKEN STEPS NECESSARY TO ADDRESS COMPLIANCE WITH THOSE RESTRICTIONS; (IV) PROCESSES TO MONITOR THE ASSIGNMENT OF SUCH FORMER GOVERNMENT EMPLOYEES TO PREVENT VIOLATIONS OF POST-EMPLOYMENT RESTRICTIONS AND PROTECT CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); AND (V) PROCESSES TO MONITOR THE USE OF EMAIL TO ADDRESS THE MISUSE OF CONFIDENTIAL MATERIAL UNDER SECTION 36(10); AND (C) PAID A CIVIL MONETARY PENALTY IN THE AMOUNT OF $50 MILLION ON NOVEMBER 9, 2015.
Other filed details
Description of allegations — filed text
THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES (THE "DFS") HAS ALLEGED THAT: (A) A FORMER ASSOCIATE OF GOLDMAN, SACHS & CO. (TOGETHER WITH THE GOLDMAN SACHS GROUP, INC., "GOLDMAN SACHS") ENGAGED IN THE THEFT OF DFS CONFIDENTIAL SUPERVISORY INFORMATION, AND THAT A FORMER GOLDMAN SACHS MANAGING DIRECTOR IMPROPERLY RECEIVED THIS INFORMATION WITHOUT REPORTING IT; AND (B) GOLDMAN SACHS FAILED: (I) TO EFFECTIVELY SUPERVISE THE ASSOCIATE TO PREVENT THIS THEFT FROM OCCURRING; (II) TO IMPLEMENT AND MAINTAIN ADEQUATE POLICIES AND PROCEDURES RELATING TO POST-EMPLOYMENT RESTRICTIONS FOR FORMER GOVERNMENT EMPLOYEES; AND (III) TO IMPLEMENT AND MAINTAIN SUFFICIENT POLICIES AND PROCEDURES TO ENSURE COMPLIANCE WITH NEW YORK STATE BANKING LAW SECTION 36(10) ("SECTION 36(10)"), SPECIFICALLY WITH RESPECT TO GOLDMAN SACHS' UNAUTHORIZED POSSESSION AND DISTRIBUTION OF DFS CONFIDENTIAL SUPERVISORY INFORMATION.
Sanction detail — filed text
THE CONSENT ORDER REQUIRED GOLDMAN SACHS TO PAY A CIVIL MONETARY PENALTY TO THE DFS IN THE AMOUNT OF $50 MILLION, WHICH GOLDMAN SACHS PAID ON NOVEMBER 9, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
10/28/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES (THE "DFS") HAS ALLEGED THAT: (A) A FORMER ASSOCIATE OF GOLDMAN, SACHS & CO.
(TOGETHER WITH THE GOLDMAN SACHS GROUP, INC., "GOLDMAN SACHS") ENGAGED IN THE THEFT OF DFS CONFIDENTIAL SUPERVISORY
INFORMATION, AND THAT A FORMER GOLDMAN SACHS MANAGING DIRECTOR IMPROPERLY RECEIVED THIS INFORMATION WITHOUT REPORTING IT; AND
(B) GOLDMAN SACHS FAILED: (I) TO EFFECTIVELY SUPERVISE THE ASSOCIATE TO PREVENT THIS THEFT FROM OCCURRING; (II) TO IMPLEMENT AND
MAINTAIN ADEQUATE POLICIES AND PROCEDURES RELATING TO POST-EMPLOYMENT RESTRICTIONS FOR FORMER GOVERNMENT EMPLOYEES; AND (III)
TO IMPLEMENT AND MAINTAIN SUFFICIENT POLICIES AND PROCEDURES TO ENSURE COMPLIANCE WITH NEW YORK STATE BANKING LAW SECTION
36(10) ("SECTION 36(10)"), SPECIFICALLY WITH RESPECT TO GOLDMAN SACHS' UNAUTHORIZED POSSESSION AND DISTRIBUTION OF DFS
CONFIDENTIAL SUPERVISORY INFORMATION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/28/2015
Exact
Explanation
p
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
PURSUANT TO THE CONSENT ORDER, GOLDMAN SACHS: (A) VOLUNTARILY WILL NOT ACCEPT ANY NEW ENGAGEMENTS THAT WOULD REQUIRE
THE DFS TO AUTHORIZE THE DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10) TO GOLDMAN SACHS DURING
THE THREE-YEAR PERIOD FOLLOWING THE DATE OF THE CONSENT ORDER; AND (B) AGREED TO IMPLEMENT REFORMS TO ITS POLICIES AND
PROCEDURES THAT ARE REASONABLY DESIGNED TO PREVENT THE IMPROPER USE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER
SECTION 36(10), INCLUDING: (I) POLICIES AND PROCEDURES REASONABLY DESIGNED TO ENSURE THE PROTECTION AND PROPER HANDLING OF
CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); (II) CONFIRMING THAT, TO THE BEST OF GOLDMAN SACHS' KNOWLEDGE,
AS OF THE DATE OF THE CONSENT ORDER, GOLDMAN SACHS HAD NOT ACCEPTED ANY ENGAGEMENTS THAT WOULD REQUIRE THE DFS TO
AUTHORIZE THE DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); (III) POLICIES AND PROCEDURES
REASONABLY DESIGNED TO ENSURE THAT GOLDMAN SACHS IS AWARE OF APPLICABLE POST-EMPLOYMENT RESTRICTIONS FOR FORMER
GOVERNMENT EMPLOYEES HIRED AFTER THE DATE OF THE CONSENT ORDER WHO HAVE LEFT THE GOVERNMENT WITHIN THE PAST FIVE YEARS
AND THAT GOLDMAN SACHS HAS TAKEN STEPS NECESSARY TO ADDRESS COMPLIANCE WITH THOSE RESTRICTIONS; (IV) PROCESSES TO
MONITOR THE ASSIGNMENT OF SUCH FORMER GOVERNMENT EMPLOYEES TO PREVENT VIOLATIONS OF POST-EMPLOYMENT RESTRICTIONS AND
PROTECT CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); AND (V) PROCESSES TO MONITOR THE USE OF EMAIL TO
ADDRESS THE MISUSE OF CONFIDENTIAL MATERIAL UNDER SECTION 36(10).
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CONSENT ORDER REQUIRED GOLDMAN SACHS TO PAY A CIVIL MONETARY PENALTY TO THE DFS IN THE AMOUNT OF $50 MILLION, WHICH
GOLDMAN SACHS PAID ON NOVEMBER 9, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SACHS AND THE DFS ENTERED INTO A CONSENT ORDER UNDER NEW YORK STATE BANKING LAW SECTIONS 39 AND 44 ON OCTOBER 28,
2015 (THE "CONSENT ORDER"), PURSUANT TO WHICH GOLDMAN SACHS: (A) VOLUNTARILY WILL NOT ACCEPT ANY NEW ENGAGEMENTS THAT WOULD
REQUIRE THE DFS TO AUTHORIZE THE DISCLOSURE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10) TO GOLDMAN SACHS
DURING THE THREE-YEAR PERIOD FOLLOWING THE DATE OF THE CONSENT ORDER; (B) AGREED TO IMPLEMENT REFORMS TO ITS POLICIES AND
PROCEDURES THAT ARE REASONABLY DESIGNED TO PREVENT THE IMPROPER USE OF CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION
36(10), INCLUDING: (I) POLICIES AND PROCEDURES REASONABLY DESIGNED TO ENSURE THE PROTECTION AND PROPER HANDLING OF CONFIDENTIAL
SUPERVISORY INFORMATION UNDER SECTION 36(10); (II) CONFIRMING THAT, TO THE BEST OF GOLDMAN SACHS' KNOWLEDGE, AS OF THE DATE OF THE
CONSENT ORDER, GOLDMAN SACHS HAD NOT ACCEPTED ANY ENGAGEMENTS THAT WOULD REQUIRE THE DFS TO AUTHORIZE THE DISCLOSURE OF
CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); (III) POLICIES AND PROCEDURES REASONABLY DESIGNED TO ENSURE THAT
GOLDMAN SACHS IS AWARE OF APPLICABLE POST-EMPLOYMENT RESTRICTIONS FOR FORMER GOVERNMENT EMPLOYEES HIRED AFTER THE DATE OF THE
CONSENT ORDER WHO HAVE LEFT THE GOVERNMENT WITHIN THE PAST FIVE YEARS AND THAT GOLDMAN SACHS HAS TAKEN STEPS NECESSARY TO
ADDRESS COMPLIANCE WITH THOSE RESTRICTIONS; (IV) PROCESSES TO MONITOR THE ASSIGNMENT OF SUCH FORMER GOVERNMENT EMPLOYEES TO
PREVENT VIOLATIONS OF POST-EMPLOYMENT RESTRICTIONS AND PROTECT CONFIDENTIAL SUPERVISORY INFORMATION UNDER SECTION 36(10); AND
(V) PROCESSES TO MONITOR THE USE OF EMAIL TO ADDRESS THE MISUSE OF CONFIDENTIAL MATERIAL UNDER SECTION 36(10); AND (C) PAID A CIVIL
MONETARY PENALTY IN THE AMOUNT OF $50 MILLION ON NOVEMBER 9, 2015.regulatory · block 59THE GOLDMAN SACHS GROUP, INC.PDF pages 766–768
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- SWISS FEDERAL DEPARTMENT OF FINANCE
- Monetary/Fine Amount — filed text
- $ 20,350.02
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GS GROUP ENTERED INTO A SETTLEMENT AGREEMENT WITH FDF ON DECEMBER 8, 2015, AND CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015.
Other filed details
Description of allegations — filed text
THE FEDERAL DEPARTMENT OF FINANCE ("FDF") OF THE SWISS CONFEDERATION ALLEGED THAT THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") PUBLISHED TWICE AN INCOMPLETE NOTIFICATION REGARDING THE FIRM'S HOLDINGS IN CERTAIN SECURITIES IN THE PERIOD BETWEEN DECEMBER 12, 2013 AND FEBRUARY 12, 2014, AND PUBLISHED DELAYED NOTIFICATION OF THE FIRM'S QUALIFIED SHAREHOLDING IN CERTAIN SECURITIES EXCEEDING THE NOTIFICATION THRESHOLD IN THE PERIOD BETWEEN AUGUST 19, 2014 AND AUGUST 8, 2015, EACH IN ALLEGED INFRINGEMENT OF ARTICLE 41 OF THE SWISS FEDERAL ACT ON STOCK EXCHANGES AND SECURITIES TRADING ("SESTA").
Sanction detail — filed text
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GS GROUP CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015. WHILE THE ACTUAL PAYMENT WAS MADE IN SWISS FRANCS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CHF0.9828:USD1 AS OF DECEMBER 11, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON DECEMBER 11, 2015 WAS $20,350.02, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWISS FEDERAL DEPARTMENT OF FINANCE
2.
Principal Sanction:
Other
Other Sanctions:
REPARATION PAYMENT
3.
Date Initiated (MM/DD/YYYY):
12/08/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
442.2-164/194
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FEDERAL DEPARTMENT OF FINANCE ("FDF") OF THE SWISS CONFEDERATION ALLEGED THAT THE GOLDMAN SACHS GROUP, INC. ("GS GROUP")
PUBLISHED TWICE AN INCOMPLETE NOTIFICATION REGARDING THE FIRM'S HOLDINGS IN CERTAIN SECURITIES IN THE PERIOD BETWEEN DECEMBER
12, 2013 AND FEBRUARY 12, 2014, AND PUBLISHED DELAYED NOTIFICATION OF THE FIRM'S QUALIFIED SHAREHOLDING IN CERTAIN SECURITIES
EXCEEDING THE NOTIFICATION THRESHOLD IN THE PERIOD BETWEEN AUGUST 19, 2014 AND AUGUST 8, 2015, EACH IN ALLEGED INFRINGEMENT OF
ARTICLE 41 OF THE SWISS FEDERAL ACT ON STOCK EXCHANGES AND SECURITIES TRADING ("SESTA").
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/08/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,350.02
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GS GROUP CONSENTED TO A PAYMENT TO THE
SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT WAS PAID ON DECEMBER 18, 2015. WHILE THE ACTUAL PAYMENT WAS
MADE IN SWISS FRANCS, USING THE MOST RECENTLY PUBLISHED FEDERAL RESERVE FOREIGN EXCHANGE RATE OF CHF0.9828:USD1 AS OF
DECEMBER 11, 2015, THE EQUIVALENT U.S. DOLLAR VALUE ON DECEMBER 11, 2015 WAS $20,350.02, WHICH AMOUNT IS REFLECTED IN ITEM
12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING ANY INTENTIONAL INFRINGEMENT OF SESTA ARTICLES OR WRONGDOING, GS GROUP ENTERED INTO A SETTLEMENT AGREEMENT
WITH FDF ON DECEMBER 8, 2015, AND CONSENTED TO A PAYMENT TO THE SWISS CONFEDERATION IN THE AMOUNT OF CHF20,000, WHICH AMOUNT
WAS PAID ON DECEMBER 18, 2015.regulatory · block 60PDF pages 768–770
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2015.
Other filed details
Description of allegations — filed text
ICE FUTURES U.S., INC. ("IFUS") MARKET REGULATION DEPARTMENT ISSUED A SUMMARY FINE, DATED DECEMBER 14, 2015, TO GOLDMAN, SACHS & CO. (THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 4.02(G)(2) IN ONE INSTANCE ON DECEMBER 12, 2014 BY FAILING TO UTILIZE IFUS'S CROSSING ORDER FUNCTIONALITY.
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2015.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/14/2015
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-030
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE FUTURES U.S., INC. ("IFUS") MARKET REGULATION DEPARTMENT ISSUED A SUMMARY FINE, DATED DECEMBER 14, 2015, TO GOLDMAN, SACHS & CO.
(THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 4.02(G)(2) IN ONE INSTANCE ON DECEMBER 12, 2014 BY FAILING TO UTILIZE
IFUS'S CROSSING ORDER FUNCTIONALITY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/14/2015
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2015.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 24, 2015.regulatory · block 61PDF pages 770–772
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 15,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY BY THE SEC OF AN ORDER INSTITUTING ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, PURSUANT TO SECTIONS 15(B) AND 21C OF THE EXCHANGE ACT, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER (RELEASE NO. 34-76899, JAN. 14, 2016). PURSUANT TO THE ORDER, THE FIRM MUST CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF RULE 203(B)(1) OF REGULATION SHO, AND ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 203(B)(1)(III) THEREUNDER RELATING TO SHORT SALE LOCATE RECORDS. ALSO PURSUANT TO THE ORDER, THE FIRM WAS CENSURED AND PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $15,000,000 ON JANUARY 20, 2016. THE SEC STATED THAT, IN DETERMINING TO ACCEPT THE FIRM'S OFFER OF SETTLEMENT, IT CONSIDERED CERTAIN REMEDIAL ACTS TAKEN BY THE FIRM.
Other filed details
Description of allegations — filed text
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") VIOLATED REGULATION SHO UNDER THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGE ACT") BY IMPROPERLY RELYING ON THE FIRM'S AUTOMATED LOCATE FUNCTION IN THE ORDER MANAGEMENT SYSTEM WITHOUT HAVING CONFIRMED THE AVAILABILITY OF THE SECURITIES TO BE LOCATED. IN ADDITION, THE SEC ALLEGED THAT FIRM EMPLOYEES DID NOT PROVIDE SUFFICIENT AND ACCURATE INFORMATION WITH RESPECT TO THESE LOCATES IN THE FIRM'S LOCATE LOG, WHICH MUST REFLECT THE BASIS UPON WHICH THE FIRM PROVIDED THE LOCATES. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED RULE 203(B)(1) OF REGULATION SHO AND SECTION 17(A) OF THE EXCHANGE ACT.
Sanction detail — filed text
THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $15 MILLION, WHICH THE FIRM PAID ON JANUARY 20, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
U.S. SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; CENSURE
3.
Date Initiated (MM/DD/YYYY):
01/14/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-17053
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") VIOLATED REGULATION SHO
UNDER THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGE ACT") BY IMPROPERLY RELYING ON THE FIRM'S AUTOMATED LOCATE FUNCTION IN THE
ORDER MANAGEMENT SYSTEM WITHOUT HAVING CONFIRMED THE AVAILABILITY OF THE SECURITIES TO BE LOCATED. IN ADDITION, THE SEC ALLEGED
THAT FIRM EMPLOYEES DID NOT PROVIDE SUFFICIENT AND ACCURATE INFORMATION WITH RESPECT TO THESE LOCATES IN THE FIRM'S LOCATE LOG,
WHICH MUST REFLECT THE BASIS UPON WHICH THE FIRM PROVIDED THE LOCATES. THE SEC ALLEGED THAT THE FIRM WILLFULLY VIOLATED RULE
203(B)(1) OF REGULATION SHO AND SECTION 17(A) OF THE EXCHANGE ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
01/14/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE ORDER REQUIRED THE FIRM TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $15 MILLION, WHICH THE FIRM PAID ON JANUARY 20, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO THE ENTRY BY THE SEC OF AN ORDER INSTITUTING ADMINISTRATIVE
AND CEASE-AND-DESIST PROCEEDINGS, PURSUANT TO SECTIONS 15(B) AND 21C OF THE EXCHANGE ACT, MAKING FINDINGS, AND IMPOSING REMEDIAL
SANCTIONS AND A CEASE-AND-DESIST ORDER (RELEASE NO. 34-76899, JAN. 14, 2016). PURSUANT TO THE ORDER, THE FIRM MUST CEASE AND DESIST
FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF RULE 203(B)(1) OF REGULATION SHO, AND ANY VIOLATIONS AND
ANY FUTURE VIOLATIONS OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 203(B)(1)(III) THEREUNDER RELATING TO SHORT SALE LOCATE
RECORDS. ALSO PURSUANT TO THE ORDER, THE FIRM WAS CENSURED AND PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $15,000,000 ON JANUARY
20, 2016. THE SEC STATED THAT, IN DETERMINING TO ACCEPT THE FIRM'S OFFER OF SETTLEMENT, IT CONSIDERED CERTAIN REMEDIAL ACTS TAKEN BY
THE FIRM.regulatory · block 62GOLDMAN SACHS (ASIA) L.L.C.PDF pages 772–774
- Advisory affiliate name — filed text
- GOLDMAN SACHS (ASIA) L.L.C.
- Regulator name — filed text
- THE SECURITIES AND FUTURES COMMISSION OF HONG KONG
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE SFC ISSUED A PUBLIC CENSURE OF GS ASIA DATED FEBRUARY 2, 2016 (THE "CENSURE"). IN DECIDING THE CENSURE, THE SFC TOOK INTO ACCOUNT GOLDMAN SACHS' COOPERATION AND SELF-REPORTING OF THE BREACHES.
Other filed details
Description of allegations — filed text
THE SECURITIES AND FUTURES COMMISSION OF HONG KONG ("SFC") CENSURED GOLDMAN SACHS (ASIA) L.L.C. ("GS ASIA") IN RESPECT TO GS ASIA'S FAILURE, WHILE ACTING AS A FINANCIAL ADVISOR IN RELATION TO A VOLUNTARY GENERAL SECURITIES OFFERING OF AN ISSUER, TO (I) DISCLOSE ITS DEALINGS IN THE RELEVANT SECURITIES BETWEEN NOVEMBER 8, 2013 AND JANUARY 6, 2014, (II) SEEK, DURING THE OFFER PERIOD, THE SFC'S CONSENT PRIOR TO DEALING IN PRINCIPAL TRADES IN THE RELEVANT SECURITIES OF THE ISSUER WHICH FELL OUTSIDE THE SCOPE OF DEALINGS COVERED BY THE EXEMPT PRINCIPAL TRADING AND EXEMPT FUND MANAGER STATUS GRANTED TO CERTAIN GOLDMAN SACHS ENTITIES AND, (III) COMPLY WITH CERTAIN REQUIREMENTS IN RELATION TO RESEARCH REPORTS ON THE ISSUER, IN BREACH OF RULES 22, 21.5, NOTE 4 TO RULE 8.1 AND 10 OF THE CODE ON TAKEOVERS AND MERGERS.
Sanction detail — filed text
THE SFC ISSUED A PUBLIC CENSURE OF GS ASIA DATED FEBRUARY 2, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS (ASIA) L.L.C.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE SECURITIES AND FUTURES COMMISSION OF HONG KONG
2.
Principal Sanction:
Censure
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/02/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
6209/2014
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE SECURITIES AND FUTURES COMMISSION OF HONG KONG ("SFC") CENSURED GOLDMAN SACHS (ASIA) L.L.C. ("GS ASIA") IN RESPECT TO GS ASIA'S
FAILURE, WHILE ACTING AS A FINANCIAL ADVISOR IN RELATION TO A VOLUNTARY GENERAL SECURITIES OFFERING OF AN ISSUER, TO (I) DISCLOSE ITS
DEALINGS IN THE RELEVANT SECURITIES BETWEEN NOVEMBER 8, 2013 AND JANUARY 6, 2014, (II) SEEK, DURING THE OFFER PERIOD, THE SFC'S
CONSENT PRIOR TO DEALING IN PRINCIPAL TRADES IN THE RELEVANT SECURITIES OF THE ISSUER WHICH FELL OUTSIDE THE SCOPE OF DEALINGS
COVERED BY THE EXEMPT PRINCIPAL TRADING AND EXEMPT FUND MANAGER STATUS GRANTED TO CERTAIN GOLDMAN SACHS ENTITIES AND, (III)
COMPLY WITH CERTAIN REQUIREMENTS IN RELATION TO RESEARCH REPORTS ON THE ISSUER, IN BREACH OF RULES 22, 21.5, NOTE 4 TO RULE 8.1 AND
10 OF THE CODE ON TAKEOVERS AND MERGERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
02/02/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SFC ISSUED A PUBLIC CENSURE OF GS ASIA DATED FEBRUARY 2, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SFC ISSUED A PUBLIC CENSURE OF GS ASIA DATED FEBRUARY 2, 2016 (THE "CENSURE"). IN DECIDING THE CENSURE, THE SFC TOOK INTO
ACCOUNT GOLDMAN SACHS' COOPERATION AND SELF-REPORTING OF THE BREACHES.regulatory · block 63PDF pages 774–775
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 2,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $2,000, WAS PAID BY SUBMISSION OF A WIRE ON MARCH 31, 2016.
Other filed details
Description of allegations — filed text
ICE FUTURES U.S., INC. ("IFUS") MARKET REGULATION DEPARTMENT ISSUED A SUMMARY FINE, DATED MARCH 17, 2016, TO GOLDMAN, SACHS & CO. (THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 6.10 BY FAILING TO ENSURE THAT THE PROPER CUSTOMER TYPE INDICATOR (CTI) CODE WAS AFFIXED TO CERTAIN ORDERS ENTERED BETWEEN MAY AND AUGUST 2015.
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $2,000, WAS PAID BY SUBMISSION OF A WIRE ON MARCH 31, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/17/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015-106
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE FUTURES U.S., INC. ("IFUS") MARKET REGULATION DEPARTMENT ISSUED A SUMMARY FINE, DATED MARCH 17, 2016, TO GOLDMAN, SACHS & CO.
(THE "FIRM"), STATING THAT THE FIRM MAY HAVE VIOLATED IFUS RULE 6.10 BY FAILING TO ENSURE THAT THE PROPER CUSTOMER TYPE INDICATOR
(CTI) CODE WAS AFFIXED TO CERTAIN ORDERS ENTERED BETWEEN MAY AND AUGUST 2015.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
03/17/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $2,000, WAS PAID BY SUBMISSION OF A WIRE ON MARCH 31, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $2,000, WAS PAID BY SUBMISSION OF A WIRE ON MARCH 31, 2016.regulatory · block 64PDF pages 775–777
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 5, 2016, AND ON APRIL 29, 2016, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT FOR THE PERIOD SEPTEMBER 1, 2013 THROUGH DECEMBER 31, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING FACILITY (FNTRF) CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES WITHIN TWENTY MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF FINRA RULE 7230A(B).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 29, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/05/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014040037901
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT FOR THE PERIOD SEPTEMBER 1,
2013 THROUGH DECEMBER 31, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO ACCEPT OR DECLINE IN THE FINRA/NASDAQ TRADE REPORTING
FACILITY (FNTRF) CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES WITHIN TWENTY MINUTES AFTER EXECUTION, IN ALLEGED VIOLATION OF
FINRA RULE 7230A(B).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/05/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $20,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 29, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 5, 2016, AND ON APRIL 29, 2016, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $20,000.regulatory · block 65PDF pages 777–779
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 260,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 4, 2016, AND ON APRIL 29, 2016, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $260,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) FOR TRADE DATES AUGUST 15 AND 16, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT, OR INACCURATELY SUBMITTED, CERTAIN INFORMATION TO THE ORDER AUDIT TRAIL SYSTEM (OATS), IN ALLEGED VIOLATION OF FINRA RULE 7450; (II) DURING THE PERIOD FROM MAY 17, 2011 THROUGH FEBRUARY 28, 2014, THE FIRM REPORTED CERTAIN SHORT SALE TRANSACTIONS TO THE FINRA TRADE REPORTING FACILITY ("FTRF") WITHOUT THE REQUIRED SHORT SALE MODIFIER, IN ALLEGED VIOLATION OF FINRA RULE 6182; AND (III) THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO FINRA RULE 6182 CONCERNING THE REPORTING OF CORRECT SHORT SALE MODIFIERS TO THE FTRF, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $260,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 29, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
04/04/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013035825001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
UNSPECIFIED SECURITIES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) FOR TRADE DATES AUGUST 15
AND 16, 2013, GOLDMAN, SACHS & CO. (THE "FIRM") FAILED TO SUBMIT, OR INACCURATELY SUBMITTED, CERTAIN INFORMATION TO THE ORDER AUDIT
TRAIL SYSTEM (OATS), IN ALLEGED VIOLATION OF FINRA RULE 7450; (II) DURING THE PERIOD FROM MAY 17, 2011 THROUGH FEBRUARY 28, 2014, THE
FIRM REPORTED CERTAIN SHORT SALE TRANSACTIONS TO THE FINRA TRADE REPORTING FACILITY ("FTRF") WITHOUT THE REQUIRED SHORT SALE
MODIFIER, IN ALLEGED VIOLATION OF FINRA RULE 6182; AND (III) THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION
REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO FINRA RULE 6182 CONCERNING THE REPORTING OF CORRECT SHORT SALE
MODIFIERS TO THE FTRF, IN ALLEGED VIOLATION OF FINRA RULE 2010 AND NASD RULE 3010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/04/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 260,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $260,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON APRIL 29, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON APRIL 4, 2016, AND ON APRIL 29, 2016, THE FIRM SUBMITTED A
WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $260,000.regulatory · block 66PDF pages 779–781
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 50,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MAY 18, 2016, AND ON MAY 31, 2016, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $50,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING THE PERIOD OF JANUARY 30, 2009 THROUGH DECEMBER 31, 2011, GOLDMAN, SACHS & CO. (THE "FIRM"), ACTING AS A PROGRAM DEALER IN AUCTION RATE SECURITIES ("ARS"), SUBMITTED INACCURATE INFORMATION IN CERTAIN RESPECTS REGARDING THE RESULT OF AN AUCTION IN CERTAIN INSTANCES TO THE MSRB'S SHORT-TERM OBLIGATION RATE TRANSPARENCY ("SHORT") SYSTEM: SPECIFICALLY, THAT THE FIRM ERRONEOUSLY REPORTED RATE TYPES FOR THE ARS INDICATING THAT THE INTEREST RATES WERE SET BY AUCTION RATHER THAN THE MAXIMUM INTEREST RATES, IN ALLEGED VIOLATION OF MSRB RULE G-34; AND (II) THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO THE APPLICABLE SECURITIES LAWS AND REGULATIONS, AND THE MSRB RULES, RELATING TO MSRB RULE G- 34 CONCERNING SHORT REPORTING OF RATE TYPES, IN ALLEGED VIOLATION OF MSRB RULE G-27.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $50,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 31, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
05/18/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013039539801
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT: (I) DURING THE PERIOD OF
JANUARY 30, 2009 THROUGH DECEMBER 31, 2011, GOLDMAN, SACHS & CO. (THE "FIRM"), ACTING AS A PROGRAM DEALER IN AUCTION RATE
SECURITIES ("ARS"), SUBMITTED INACCURATE INFORMATION IN CERTAIN RESPECTS REGARDING THE RESULT OF AN AUCTION IN CERTAIN INSTANCES
TO THE MSRB'S SHORT-TERM OBLIGATION RATE TRANSPARENCY ("SHORT") SYSTEM: SPECIFICALLY, THAT THE FIRM ERRONEOUSLY REPORTED RATE
TYPES FOR THE ARS INDICATING THAT THE INTEREST RATES WERE SET BY AUCTION RATHER THAN THE MAXIMUM INTEREST RATES, IN ALLEGED
VIOLATION OF MSRB RULE G-34; AND (II) THAT THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH RESPECT TO THE APPLICABLE SECURITIES LAWS AND REGULATIONS, AND THE MSRB RULES, RELATING TO MSRB RULE G-
34 CONCERNING SHORT REPORTING OF RATE TYPES, IN ALLEGED VIOLATION OF MSRB RULE G-27.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/18/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $50,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON MAY 31, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON MAY 18, 2016, AND ON MAY 31, 2016, THE FIRM SUBMITTED A WIRE
IN PAYMENT OF A FINE IN THE AMOUNT OF $50,000.regulatory · block 67GOLDMAN SACHS SAUDI ARABIAPDF pages 781–783
- Advisory affiliate name — filed text
- GOLDMAN SACHS SAUDI ARABIA
- Regulator name — filed text
- CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
- Monetary/Fine Amount — filed text
- $ 2,665.32
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 23, 2016. THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA.
Other filed details
Description of allegations — filed text
IN A LETTER DATED MAY 12, 2016 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY (THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING THAT THERE WAS ONLY ONE INDIVIDUAL ASSOCIATED WITH GSSA REGISTERED WITH THE CMA UNDER INVESTMENT FUND MANAGEMENT AND CLIENT PORTFOLIO MANAGEMENT ACTIVITIES, IN ALLEGED VIOLATION OF CMA CIRCULAR NO. T/1/6/9/15, DATED JUNE 17, 2015.
Sanction detail — filed text
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 23, 2016. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI ARABIAN RIYALS, USING THE FOREIGN EXCHANGE SPOT RATE OF SAR1:USD0.2665316 AS OF MAY 23, 2016, THE EQUIVALENT U.S. DOLLAR VALUE ON MAY 23, 2016 WAS US$2,665.32, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS SAUDI
ARABIA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/12/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
375/10/2015
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A LETTER DATED MAY 12, 2016 TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY
(THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING THAT THERE WAS ONLY ONE INDIVIDUAL ASSOCIATED WITH GSSA REGISTERED
WITH THE CMA UNDER INVESTMENT FUND MANAGEMENT AND CLIENT PORTFOLIO MANAGEMENT ACTIVITIES, IN ALLEGED VIOLATION OF CMA CIRCULAR
NO. T/1/6/9/15, DATED JUNE 17, 2015.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
05/12/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,665.32
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE NEXT MEETING OF THE BOARD OF
DIRECTORS OF GSSA.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS
PAID BY SUBMISSION OF A WIRE ON MAY 23, 2016. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI ARABIAN RIYALS, USING THE FOREIGN
EXCHANGE SPOT RATE OF SAR1:USD0.2665316 AS OF MAY 23, 2016, THE EQUIVALENT U.S. DOLLAR VALUE ON MAY 23, 2016 WAS US$2,665.32,
WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY
SUBMISSION OF A WIRE ON MAY 23, 2016. THE CMA'S DECISION STIPULATED THE NEED FOR GSSA TO DISCUSS THE MATTER OF THE VIOLATION AT THE
NEXT MEETING OF THE BOARD OF DIRECTORS OF GSSA.regulatory · block 68PDF pages 783–785
- Regulator name — filed text
- COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII
- Monetary/Fine Amount — filed text
- $ 47,703.26
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ON JUNE 20, 2016, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,703.26 TO THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, WHICH AMOUNT WAS PAID ON JUNE 28, 2016.
Other filed details
Description of allegations — filed text
VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH THE MARKETING AND SALE OF ARS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ON JUNE 20, 2016, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,703.26 TO THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, WHICH AMOUNT WAS PAID ON JUNE 28, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / OFFER TO REPURCHASE AUCTION RATE SECURITIES ("ARS") FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL
BUSINESSES WHO PURCHASED ARS FROM THE FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND
CERTAIN MUNICIPAL ISSUERS REFINANCING FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF ARS; ENDEAVOR TO WORK WITH ISSUERS
AND OTHER INTERESTED PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
3.
Date Initiated (MM/DD/YYYY):
06/20/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SEU-2008-048
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Asset Backed
Other Product Types:
DEBT - MUNICIPAL
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
VARIOUS STATE REGULATORS, INCLUDING THE COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII,
CONDUCTED AN INDUSTRY-WIDE, JOINT INVESTIGATION INTO THE MARKETING AND SALES OF ARS. IN THE CONSENT ORDER, THE COMMISSIONER OF
SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ALLEGED THAT GOLDMAN, SACHS & CO. (THE "FIRM") ENGAGED IN
UNETHICAL PRACTICES IN THE OFFER AND SALE OF ARS AND FAILED ADEQUATELY TO SUPERVISE CERTAIN OF ITS SALESPEOPLE IN CONNECTION WITH
THE MARKETING AND SALE OF ARS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
06/20/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,703.26
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
OFFER TO REPURCHASE ARS FROM CERTAIN ELIGIBLE RETAIL INVESTORS, CHARITIES AND SMALL BUSINESSES WHO PURCHASED ARS FROM THE
FIRM; PARTICIPATE IN INDUSTRY-WIDE CONSEQUENTIAL DAMAGES ARBITRATION PROCESS; REFUND CERTAIN MUNICIPAL ISSUERS REFINANCING
FEES PAID TO THE FIRM FOR REFINANCING OR CONVERSION OF CERTAIN ARS; ENDEAVOR TO WORK WITH ISSUERS AND OTHER INTERESTED
PARTIES TO EXPEDITIOUSLY PROVIDE LIQUIDITY SOLUTIONS FOR INSTITUTIONAL INVESTORS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES,
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ON JUNE 20, 2016, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT
WITH STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,703.26 TO THE
COMMISSIONER OF SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, WHICH AMOUNT WAS PAID ON JUNE 28, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM ENTERED INTO A CONSENT ORDER WITH THE COMMISSIONER OF SECURITIES,
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, ON JUNE 20, 2016, IN WHICH IT AGREED, AS PART OF A GLOBAL SETTLEMENT WITH
STATE REGULATORS, TO PAY A TOTAL MONETARY PENALTY IN THE AMOUNT OF $22.5 MILLION, INCLUDING $47,703.26 TO THE COMMISSIONER OF
SECURITIES, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, HAWAII, WHICH AMOUNT WAS PAID ON JUNE 28, 2016.regulatory · block 69PDF pages 785–787
- Regulator name — filed text
- SECURITIES AND EXCHANGE BOARD OF INDIA
- How was matter resolved — filed text
- Dismissed
Action status / disposition — filed text
ON FEBRUARY 17, 2017, SEBI NOTIFIED GSMH AND GSIM THAT IT HAS WITHDRAWN ITS NOTICE OF ADJUDICATION PROCEEDINGS AGAINST GSMH AND GSIM.
Other filed details
Description of allegations — filed text
IN A NOTICE TO GS MACE HOLDINGS LIMITED ("GSMH") AND GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LIMITED ("GSIM"), THE SECURITIES AND EXCHANGE BOARD OF INDIA ("SEBI") ALLEGED A DELAY IN AN OWNERSHIP THRESHOLD DISCLOSURE IN ALLEGED VIOLATION OF REGULATION 7(1) OF THE SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND TAKEOVER) REGULATIONS, 1997.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GS MACE HOLDINGS LIMITED
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INVESTMENTS (MAURITIUS) I
LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE BOARD OF INDIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/20/2016
Exact
Explanation
If not exact, provide explanation:
SEBI NOTICE DATED JUNE 8, 2016, RECEIVED ON JUNE 20, 2016.
4.
Docket/Case Number:
EFD/DRA-III/MC/NRM/16529/2016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE TO GS MACE HOLDINGS LIMITED ("GSMH") AND GOLDMAN SACHS INVESTMENTS (MAURITIUS) I LIMITED ("GSIM"), THE SECURITIES AND
EXCHANGE BOARD OF INDIA ("SEBI") ALLEGED A DELAY IN AN OWNERSHIP THRESHOLD DISCLOSURE IN ALLEGED VIOLATION OF REGULATION 7(1) OF
THE SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND TAKEOVER) REGULATIONS, 1997.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Dismissed
11. Resolution Date (MM/DD/YYYY):
02/17/2017
Exact
Explanation
If not exact, provide explanation:
ON FEBRUARY 17, 2017, SEBI NOTIFIED GSMH AND GSIM THAT IT HAS WITHDRAWN ITS NOTICE OF ADJUDICATION PROCEEDINGS AGAINST GSMH AND
GSIM.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON FEBRUARY 17, 2017, SEBI NOTIFIED GSMH AND GSIM THAT IT HAS WITHDRAWN ITS NOTICE OF ADJUDICATION PROCEEDINGS AGAINST GSMH AND
GSIM.regulatory · block 70PDF pages 787–789
- Regulator name — filed text
- NASDAQ PHLX LLC
- Monetary/Fine Amount — filed text
- $ 25,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING TO REVISE ITS WSPS, AND ENTERED INTO AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE COMMITTEE WHICH WAS ACCEPTED BY THE COMMITTEE ON JULY 15, 2016, AND ON AUGUST 1, 2016, THE FIRM SUBMITTED A WIRE TO PHLX IN PAYMENT OF THE FINE IN THE AMOUNT OF $25,000.
Other filed details
Description of allegations — filed text
THE BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") OF NASDAQ PHLX LLC ("PHLX") ALLEGED THAT DURING THE PERIOD BETWEEN AUGUST 13, 2014 AND AUGUST 15, 2014, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) EFFECTED TRANSACTIONS IN AN OPTIONS POSITION THAT RESULTED IN ONE OF THE FIRM'S CUSTOMERS EXCEEDING THE APPLICABLE POSITION LIMIT FOR THREE CONSECUTIVE TRADING DAYS, IN ALLEGED VIOLATION OF PHLX RULE 1001; AND (II) FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES ("WSPS") AND A SYSTEM OF SUPERVISION THAT WAS REASONABLY DESIGNED TO DETECT AND PREVENT VIOLATIONS OF, AND ACHIEVE COMPLIANCE WITH, PHLX'S POSITION LIMIT RULE: SPECIFICALLY, THE TIMING AND REVIEW OF THE FIRM'S POSITION LIMIT REPORTS UNDER ITS WSPS WERE NOT REASONABLY DESIGNED TO TIMELY DETECT CERTAIN POSITION LIMIT OVERAGES FROM THE TRADE DATE, NOTIFY THE FIRM'S CUSTOMERS OF SUCH OVERAGES, OR TAKE CORRECTIVE MEASURES TO REDUCE AND PREVENT FURTHER OVERAGES, IN ALLEGED VIOLATION OF PHLX RULE 748(H).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 1, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ PHLX LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
07/12/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014042644601
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") OF NASDAQ PHLX LLC ("PHLX") ALLEGED THAT DURING THE PERIOD BETWEEN AUGUST 13,
2014 AND AUGUST 15, 2014, GOLDMAN, SACHS & CO. (THE "FIRM"): (I) EFFECTED TRANSACTIONS IN AN OPTIONS POSITION THAT RESULTED IN ONE
OF THE FIRM'S CUSTOMERS EXCEEDING THE APPLICABLE POSITION LIMIT FOR THREE CONSECUTIVE TRADING DAYS, IN ALLEGED VIOLATION OF PHLX
RULE 1001; AND (II) FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES ("WSPS") AND A SYSTEM OF SUPERVISION
THAT WAS REASONABLY DESIGNED TO DETECT AND PREVENT VIOLATIONS OF, AND ACHIEVE COMPLIANCE WITH, PHLX'S POSITION LIMIT RULE:
SPECIFICALLY, THE TIMING AND REVIEW OF THE FIRM'S POSITION LIMIT REPORTS UNDER ITS WSPS WERE NOT REASONABLY DESIGNED TO TIMELY
DETECT CERTAIN POSITION LIMIT OVERAGES FROM THE TRADE DATE, NOTIFY THE FIRM'S CUSTOMERS OF SUCH OVERAGES, OR TAKE CORRECTIVE
MEASURES TO REDUCE AND PREVENT FURTHER OVERAGES, IN ALLEGED VIOLATION OF PHLX RULE 748(H).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
07/15/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 25,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM WITHIN 60 DAYS OF THE ISSUANCE OF THE DECISION BY THE COMMITTEE, TO FORMULATE AND SUBMIT TO PHLX, IN
CARE OF FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.'S MARKET REGULATION DEPARTMENT, A PLAN DETAILING REMEDIAL ACTIONS TO
CORRECT THE SUPERVISORY DEFICIENCIES IDENTIFIED ABOVE, PROVIDE A TIMEFRAME BY WHICH SUCH ACTIONS WILL BE IMPLEMENTED, AND
WITHIN 30 DAYS OF IMPLEMENTATION OF SUCH CORRECTIVE ACTIONS, REVISE ITS WSPS AND SUPERVISORY SYSTEM TO REFLECT THE
CORRECTIVE ACTIONS TAKEN AND CERTIFY TO PHLX THE COMPLETION OF THE AFOREMENTIONED UNDERTAKING AND PROVIDE RELEVANT
EXCERPTS OF THE REVISED WSPS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $25,000, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON AUGUST 1, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING TO REVISE
ITS WSPS, AND ENTERED INTO AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE COMMITTEE WHICH WAS
ACCEPTED BY THE COMMITTEE ON JULY 15, 2016, AND ON AUGUST 1, 2016, THE FIRM SUBMITTED A WIRE TO PHLX IN PAYMENT OF THE FINE IN THE
AMOUNT OF $25,000.regulatory · block 71THE GOLDMAN SACHS GROUP, INC.PDF pages 789–791
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Monetary/Fine Amount — filed text
- $ 36,300,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE FIRM AND THE BOARD OF GOVERNORS ENTERED INTO A CONSENT ORDER TO CEASE AND DESIST AND ASSESSMENT OF CIVIL MONEY PENALTY ON AUGUST 2, 2016 (THE "CONSENT ORDER"), PURSUANT TO WHICH: (A) WITHIN 30 DAYS OF THE CONSENT ORDER, THE BOARD OF DIRECTORS OF THE FIRM SHALL APPOINT A COMMITTEE COMPRISED OF MEMBERS OF SENIOR MANAGEMENT TO MONITOR AND COORDINATE COMPLIANCE WITH THE PROVISIONS OF THE CONSENT ORDER, WHICH COMMITTEE SHALL MEET QUARTERLY, KEEP DETAILED MINUTES OF EACH MEETING, AND ANNUALLY SUBMIT TO THE BOARD OF GOVERNORS AND THE BOARD OF DIRECTORS OF THE FIRM WRITTEN PROGRESS REPORTS DETAILING THE FORM AND MANNER OF ALL ACTIONS TAKEN TO SECURE COMPLIANCE WITH THE CONSENT ORDER AND THE RESULTS THEREOF; (B) WITHIN 90 DAYS OF THE CONSENT ORDER, THE FIRM SHALL: (I) SUBMIT TO THE BOARD OF GOVERNORS A WRITTEN PLAN, AND TIMELINE FOR IMPLEMENTATION, TO ENHANCE THE EFFECTIVENESS OF THE INTERNAL CONTROLS AND COMPLIANCE FUNCTIONS REGARDING THE IDENTIFICATION, MONITORING, AND CONTROL OF CONFIDENTIAL SUPERVISORY INFORMATION, WHICH PLAN SHALL BE REVIEWED FOR EFFECTIVENESS BY THE FIRM'S INTERNAL AUDIT FUNCTION; (II) SUBMIT TO THE BOARD OF GOVERNORS A WRITTEN PLAN, AND TIMELINE FOR IMPLEMENTATION, FOR THE TRAINING OF ALL APPROPRIATE GSCO PERSONNEL REGARDING THE RESTRICTIONS, CONTROLS AND LEGAL REQUIREMENTS GOVERNING THE USE OF CONFIDENTIAL SUPERVISORY INFORMATION; AND (III) CERTIFY TO THE BOARD OF GOVERNORS THAT ALL DOCUMENTS CONTAINING CONFIDENTIAL SUPERVISORY INFORMATION OF WHICH THE FIRM IS AWARE OR BECOMES AWARE THAT THE FIRM OBTAINED WITHOUT APPROPRIATE REGULATORY AUTHORIZATION HAVE BEEN DE- REFERENCED FROM THE FIRM'S INTERNAL SYSTEMS AND RENDERED INACCESSIBLE BY FIRM PERSONNEL, AND TO THE EXTENT SUCH CONFIDENTIAL SUPERVISORY INFORMATION MAY BE SUBSEQUENTLY BE RESTORED OR RENDERED ACCESSIBLE FOR ANY PURPOSE, THE FIRM SHALL NOTIFY THE BOARD OF GOVERNORS PRIOR TO SUCH INFORMATION BEING RESTORED OR ACCESSIBLE BY FIRM PERSONNEL; (C) THE FIRM SHALL NOT IN THE FUTURE DIRECTLY OR INDIRECTLY RETAIN ANY INDIVIDUAL AS AN OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR CONTRACTOR OF THE FIRM OR OF ANY AFFILIATE OF THE FIRM WHO, BASED ON THE INVESTIGATIVE RECORD COMPILED BY U.S. AUTHORITIES, HAS DONE ALL OF THE FOLLOWING: (I) PARTICIPATED IN THE ILLEGAL CONDUCT DESCRIBED IN THE CONSENT ORDER; (II) BEEN SUBJECT TO FORMAL DISCIPLINARY ACTION AS A RESULT OF GSCO'S INTERNAL DISCIPLINARY REVIEW OR PERFORMANCE REVIEW IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER; AND (III) HAS BEEN SEPARATED FROM OR HAS HAD HIS OR HER EMPLOYMENT TERMINATED BY THE FIRM; AND (D) THE FIRM PAID A CIVIL MONETARY PENALTY IN THE AMOUNT OF $36,300,000 ON AUGUST 3, 2016.
Other filed details
Description of allegations — filed text
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "BOARD OF GOVERNORS") HAS ALLEGED THAT: (A) GOLDMAN, SACHS & CO. ("GSCO") AND THE GOLDMAN SACHS GROUP, INC., (TOGETHER WITH GSCO, THE "FIRM") FAILED TO MONITOR ELECTRONIC MAIL FOR DOCUMENTS CONTAINING CONFIDENTIAL SUPERVISORY INFORMATION; (B) FIRM EMPLOYEES, INCLUDING SENIOR MANAGERS, HAD CONFIDENTIAL SUPERVISORY INFORMATION OF THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS IN THEIR POSSESSION WITHOUT THE AUTHORIZATION REQUIRED BY LAW; (C) A FIRM EMPLOYEE ENGAGED IN CRIMINAL THEFT OF CONFIDENTIAL SUPERVISORY INFORMATION OF THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS, AND DISSEMINATED SUCH INFORMATION TO MULTIPLE EMPLOYEES WITHIN THE FIRM; (D) THE FIRM'S PERSONNEL IMPROPERLY USED CONFIDENTIAL SUPERVISORY INFORMATION, INCLUDING CONFIDENTIAL SUPERVISORY INFORMATION RELATING TO INSTITUTIONS OTHER THAN THE FIRM, OF THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS IN PRESENTATIONS TO ITS CLIENTS AND PROSPECTIVE CLIENTS IN AN EFFORT TO SOLICIT BUSINESS FOR THE FIRM; AND (E) THE FIRM LACKED ADEQUATE POLICIES AND PROCEDURES DESIGNED TO DETECT OR PREVENT THE UNAUTHORIZED DISSEMINATION AND USE OF CONFIDENTIAL SUPERVISORY INFORMATION BELONGING TO THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS.
Sanction detail — filed text
THE CONSENT ORDER REQUIRED THE FIRM TO PAY A CIVIL MONETARY PENALTY TO THE BOARD OF GOVERNORS IN THE AMOUNT OF $36,300,000, WHICH THE FIRM PAID ON AUGUST 3, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
08/02/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
16-011-BH-C; 16-011-CMP-HC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "BOARD OF GOVERNORS") HAS ALLEGED THAT: (A) GOLDMAN, SACHS & CO.
("GSCO") AND THE GOLDMAN SACHS GROUP, INC., (TOGETHER WITH GSCO, THE "FIRM") FAILED TO MONITOR ELECTRONIC MAIL FOR DOCUMENTS
CONTAINING CONFIDENTIAL SUPERVISORY INFORMATION; (B) FIRM EMPLOYEES, INCLUDING SENIOR MANAGERS, HAD CONFIDENTIAL SUPERVISORY
INFORMATION OF THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS IN THEIR POSSESSION WITHOUT THE AUTHORIZATION REQUIRED BY
LAW; (C) A FIRM EMPLOYEE ENGAGED IN CRIMINAL THEFT OF CONFIDENTIAL SUPERVISORY INFORMATION OF THE BOARD OF GOVERNORS AND OTHER
BANKING REGULATORS, AND DISSEMINATED SUCH INFORMATION TO MULTIPLE EMPLOYEES WITHIN THE FIRM; (D) THE FIRM'S PERSONNEL IMPROPERLY
USED CONFIDENTIAL SUPERVISORY INFORMATION, INCLUDING CONFIDENTIAL SUPERVISORY INFORMATION RELATING TO INSTITUTIONS OTHER THAN
THE FIRM, OF THE BOARD OF GOVERNORS AND OTHER BANKING REGULATORS IN PRESENTATIONS TO ITS CLIENTS AND PROSPECTIVE CLIENTS IN AN
EFFORT TO SOLICIT BUSINESS FOR THE FIRM; AND (E) THE FIRM LACKED ADEQUATE POLICIES AND PROCEDURES DESIGNED TO DETECT OR PREVENT
THE UNAUTHORIZED DISSEMINATION AND USE OF CONFIDENTIAL SUPERVISORY INFORMATION BELONGING TO THE BOARD OF GOVERNORS AND OTHER
BANKING REGULATORS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
08/02/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 36,300,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
SEE ITEM 13 FOR A DESCRIPTION OF OTHER SANCTIONS ORDERED PURSUANT TO THE CONSENT ORDER.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CONSENT ORDER REQUIRED THE FIRM TO PAY A CIVIL MONETARY PENALTY TO THE BOARD OF GOVERNORS IN THE AMOUNT OF $36,300,000,
WHICH THE FIRM PAID ON AUGUST 3, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM AND THE BOARD OF GOVERNORS ENTERED INTO A CONSENT ORDER TO CEASE AND DESIST AND ASSESSMENT OF CIVIL MONEY PENALTY ON
AUGUST 2, 2016 (THE "CONSENT ORDER"), PURSUANT TO WHICH: (A) WITHIN 30 DAYS OF THE CONSENT ORDER, THE BOARD OF DIRECTORS OF THE
FIRM SHALL APPOINT A COMMITTEE COMPRISED OF MEMBERS OF SENIOR MANAGEMENT TO MONITOR AND COORDINATE COMPLIANCE WITH THE
PROVISIONS OF THE CONSENT ORDER, WHICH COMMITTEE SHALL MEET QUARTERLY, KEEP DETAILED MINUTES OF EACH MEETING, AND ANNUALLY
SUBMIT TO THE BOARD OF GOVERNORS AND THE BOARD OF DIRECTORS OF THE FIRM WRITTEN PROGRESS REPORTS DETAILING THE FORM AND MANNER
OF ALL ACTIONS TAKEN TO SECURE COMPLIANCE WITH THE CONSENT ORDER AND THE RESULTS THEREOF; (B) WITHIN 90 DAYS OF THE CONSENT
ORDER, THE FIRM SHALL: (I) SUBMIT TO THE BOARD OF GOVERNORS A WRITTEN PLAN, AND TIMELINE FOR IMPLEMENTATION, TO ENHANCE THE
EFFECTIVENESS OF THE INTERNAL CONTROLS AND COMPLIANCE FUNCTIONS REGARDING THE IDENTIFICATION, MONITORING, AND CONTROL OF
CONFIDENTIAL SUPERVISORY INFORMATION, WHICH PLAN SHALL BE REVIEWED FOR EFFECTIVENESS BY THE FIRM'S INTERNAL AUDIT FUNCTION; (II)
SUBMIT TO THE BOARD OF GOVERNORS A WRITTEN PLAN, AND TIMELINE FOR IMPLEMENTATION, FOR THE TRAINING OF ALL APPROPRIATE GSCO
PERSONNEL REGARDING THE RESTRICTIONS, CONTROLS AND LEGAL REQUIREMENTS GOVERNING THE USE OF CONFIDENTIAL SUPERVISORY
INFORMATION; AND (III) CERTIFY TO THE BOARD OF GOVERNORS THAT ALL DOCUMENTS CONTAINING CONFIDENTIAL SUPERVISORY INFORMATION OF
WHICH THE FIRM IS AWARE OR BECOMES AWARE THAT THE FIRM OBTAINED WITHOUT APPROPRIATE REGULATORY AUTHORIZATION HAVE BEEN DE-
REFERENCED FROM THE FIRM'S INTERNAL SYSTEMS AND RENDERED INACCESSIBLE BY FIRM PERSONNEL, AND TO THE EXTENT SUCH CONFIDENTIAL
SUPERVISORY INFORMATION MAY BE SUBSEQUENTLY BE RESTORED OR RENDERED ACCESSIBLE FOR ANY PURPOSE, THE FIRM SHALL NOTIFY THE BOARD
OF GOVERNORS PRIOR TO SUCH INFORMATION BEING RESTORED OR ACCESSIBLE BY FIRM PERSONNEL; (C) THE FIRM SHALL NOT IN THE FUTURE
DIRECTLY OR INDIRECTLY RETAIN ANY INDIVIDUAL AS AN OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR CONTRACTOR OF THE FIRM OR OF ANY
AFFILIATE OF THE FIRM WHO, BASED ON THE INVESTIGATIVE RECORD COMPILED BY U.S. AUTHORITIES, HAS DONE ALL OF THE FOLLOWING: (I)
PARTICIPATED IN THE ILLEGAL CONDUCT DESCRIBED IN THE CONSENT ORDER; (II) BEEN SUBJECT TO FORMAL DISCIPLINARY ACTION AS A RESULT OF
GSCO'S INTERNAL DISCIPLINARY REVIEW OR PERFORMANCE REVIEW IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER; AND
(III) HAS BEEN SEPARATED FROM OR HAS HAD HIS OR HER EMPLOYMENT TERMINATED BY THE FIRM; AND (D) THE FIRM PAID A CIVIL MONETARY
PENALTY IN THE AMOUNT OF $36,300,000 ON AUGUST 3, 2016.regulatory · block 72PDF pages 791–793
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 22, 2016.
Other filed details
Description of allegations — filed text
CME GROUP INC. ("CME") MARKET REGULATION ISSUED A SUMMARY FINE NOTICE TO GOLDMAN, SACHS & CO. (THE "FIRM") STATING THAT CME MARKET REGULATION DISCOVERED THAT THE FIRM FAILED TO MAINTAIN A COMPLETE AUDIT TRAIL WITH RESPECT TO CERTAIN TRADING SYSTEMS FOR A MINIMUM OF FIVE YEARS IN VIOLATION OF CME RULE 536.B.2.
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 22, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/07/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
16-8954
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP INC. ("CME") MARKET REGULATION ISSUED A SUMMARY FINE NOTICE TO GOLDMAN, SACHS & CO. (THE "FIRM") STATING THAT CME MARKET
REGULATION DISCOVERED THAT THE FIRM FAILED TO MAINTAIN A COMPLETE AUDIT TRAIL WITH RESPECT TO CERTAIN TRADING SYSTEMS FOR A
MINIMUM OF FIVE YEARS IN VIOLATION OF CME RULE 536.B.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/22/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 22, 2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $5,000, WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 22, 2016.regulatory · block 73THE GOLDMAN SACHS GROUP, INC.PDF pages 793–795
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION
- Monetary/Fine Amount — filed text
- $ 120,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, GOLDMAN CONSENTED TO THE ENTRY OF THE ORDER ON DECEMBER 21, 2016 BY THE CFTC, PURSUANT TO WHICH GOLDMAN: (A) SHALL CEASE AND DESIST FROM VIOLATING COMMODITY EXCHANGE ACT SECTIONS 6(C)(1), 6(C)(1)(A), 6(C)(3), 6(D), AND 9(A)(2), 7 U.S.C. §§ 9(1), 9(1)(A), 9(3), 13B, 13(A)(2) (2012), AND CFTC REGULATIONS 180.1(A) AND 180.2, 17 C.F.R. §§ 180.1(A), 180.2 (2015); (B) PAY A CIVIL MONETARY PENALTY OF $120 MILLION, WHICH THE FIRM PAID ON DECEMBER 28, 2016; AND (C) COMPLY WITH THE UNDERTAKINGS SET FORTH IN THE ORDER, INCLUDING PROVIDING A REPORT TO THE CFTC WITHIN 120 DAYS OF THE ORDER, ADDRESSING REMEDIATION EFFORTS BOTH PRIOR TO AND SINCE THE ENTRY OF THE ORDER, AND PROVIDING AN ADDITIONAL REPORT TO THE CFTC, NO LATER THAN 365 DAYS OF THE ENTRY OF THE ORDER, EXPLAINING HOW IT HAS COMPLIED WITH THE UNDERTAKINGS SET FORTH IN THE ORDER.
Other filed details
Description of allegations — filed text
ON DECEMBER 21, 2016, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ENTERED AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE ACT, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS (THE "ORDER") AGAINST THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN, SACHS & CO. (THE "FIRM", AND TOGETHER WITH GS GROUP, "GOLDMAN") RELATING TO ATTEMPTED MANIPULATION OF THE U.S. DOLLAR INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION FIX ("USD ISDAFIX"), AN INTEREST RATE BENCHMARK. SPECIFICALLY, THE CFTC FOUND THAT, FROM JANUARY 2007 THROUGH MARCH 2012, CERTAIN TRADERS ON THE FIRM'S INTEREST RATE PRODUCTS TRADING DESKS SUBMITTED BIDS AND OFFERS, AND EXECUTED TRADES, THAT WERE DESIGNED TO ATTEMPT TO MANIPULATE THE USD ISDAFIX. IN ADDITION, THE CFTC FOUND THAT THESE TRADERS ATTEMPTED TO AFFECT THE RATE AT WHICH USD ISDAFIX WAS SET BY MAKING FALSE, MISLEADING, OR KNOWINGLY INACCURATE SUBMISSIONS TO CERTAIN SWAPS BROKERS FOR INCLUSION IN THE CALCULATION OF THE DAILY RATES. THE ORDER ALSO STATES THAT THE TRADERS SUBMITTED ORAL AND WRITTEN REQUESTS FOR CERTAIN RATES TO BE SUBMITTED, WHICH WOULD BENEFIT THE FIRM'S TRADING POSITIONS. THE CFTC FOUND THAT GOLDMAN VIOLATED COMMODITY EXCHANGE ACT SECTIONS 6(C), 6(D), AND 9(A)(2), 7 U.S.C. §§ 9, 13B, 13(A)(2) (2006), AND FOR CONDUCT OCCURRING ON OR AFTER AUGUST 15, 2011, SECTIONS 6(C)(1), 6(C)(1)(A), 6(C)(3), 6(D), AND 9(A)(2), 7 U.S.C. §§ 9(1), 9(1)(A), 9(3), 13B, 13(A)(2) (2012), AND CFTC REGULATIONS 180.1(A) AND 180.2, 17 C.F.R. §§ 180.1(A), 180.2 (2015).
Sanction detail — filed text
THE ORDER REQUIRED GOLDMAN TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $120 MILLION, WHICH THE FIRM PAID DECEMBER 28, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST / UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
12/21/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-03
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
U.S. DOLLAR INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION FIX
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON DECEMBER 21, 2016, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ENTERED AN ORDER INSTITUTING PROCEEDINGS PURSUANT TO
SECTIONS 6(C) AND 6(D) OF THE COMMODITY EXCHANGE ACT, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS (THE "ORDER") AGAINST THE
GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN, SACHS & CO. (THE "FIRM", AND TOGETHER WITH GS GROUP, "GOLDMAN") RELATING TO
ATTEMPTED MANIPULATION OF THE U.S. DOLLAR INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION FIX ("USD ISDAFIX"), AN INTEREST RATE
BENCHMARK. SPECIFICALLY, THE CFTC FOUND THAT, FROM JANUARY 2007 THROUGH MARCH 2012, CERTAIN TRADERS ON THE FIRM'S INTEREST RATE
PRODUCTS TRADING DESKS SUBMITTED BIDS AND OFFERS, AND EXECUTED TRADES, THAT WERE DESIGNED TO ATTEMPT TO MANIPULATE THE USD
ISDAFIX. IN ADDITION, THE CFTC FOUND THAT THESE TRADERS ATTEMPTED TO AFFECT THE RATE AT WHICH USD ISDAFIX WAS SET BY MAKING FALSE,
MISLEADING, OR KNOWINGLY INACCURATE SUBMISSIONS TO CERTAIN SWAPS BROKERS FOR INCLUSION IN THE CALCULATION OF THE DAILY RATES.
THE ORDER ALSO STATES THAT THE TRADERS SUBMITTED ORAL AND WRITTEN REQUESTS FOR CERTAIN RATES TO BE SUBMITTED, WHICH WOULD
BENEFIT THE FIRM'S TRADING POSITIONS. THE CFTC FOUND THAT GOLDMAN VIOLATED COMMODITY EXCHANGE ACT SECTIONS 6(C), 6(D), AND 9(A)(2),
7 U.S.C. §§ 9, 13B, 13(A)(2) (2006), AND FOR CONDUCT OCCURRING ON OR AFTER AUGUST 15, 2011, SECTIONS 6(C)(1), 6(C)(1)(A), 6(C)(3), 6(D), AND
9(A)(2), 7 U.S.C. §§ 9(1), 9(1)(A), 9(3), 13B, 13(A)(2) (2012), AND CFTC REGULATIONS 180.1(A) AND 180.2, 17 C.F.R. §§ 180.1(A), 180.2 (2015).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/21/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 120,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
THE ORDER REQUIRED GOLDMAN TO COMPLY WITH THE CERTAIN UNDERTAKINGS, INCLUDING PROVIDING A REPORT TO THE CFTC WITHIN 120
DAYS OF THE ORDER, ADDRESSING REMEDIATION EFFORTS BOTH PRIOR TO AND SINCE THE ENTRY OF THE ORDER, AND PROVIDING AN
ADDITIONAL REPORT TO THE CFTC, NO LATER THAN 365 DAYS OF THE ENTRY OF THE ORDER, EXPLAINING HOW IT HAS COMPLIED WITH THE
UNDERTAKINGS SET FORTH IN THE ORDER.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE ORDER REQUIRED GOLDMAN TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $120 MILLION, WHICH THE FIRM PAID DECEMBER 28,
2016.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, GOLDMAN CONSENTED TO THE ENTRY OF THE ORDER ON DECEMBER 21, 2016 BY THE CFTC,
PURSUANT TO WHICH GOLDMAN: (A) SHALL CEASE AND DESIST FROM VIOLATING COMMODITY EXCHANGE ACT SECTIONS 6(C)(1), 6(C)(1)(A), 6(C)(3),
6(D), AND 9(A)(2), 7 U.S.C. §§ 9(1), 9(1)(A), 9(3), 13B, 13(A)(2) (2012), AND CFTC REGULATIONS 180.1(A) AND 180.2, 17 C.F.R. §§ 180.1(A), 180.2
(2015); (B) PAY A CIVIL MONETARY PENALTY OF $120 MILLION, WHICH THE FIRM PAID ON DECEMBER 28, 2016; AND (C) COMPLY WITH THE
UNDERTAKINGS SET FORTH IN THE ORDER, INCLUDING PROVIDING A REPORT TO THE CFTC WITHIN 120 DAYS OF THE ORDER, ADDRESSING
REMEDIATION EFFORTS BOTH PRIOR TO AND SINCE THE ENTRY OF THE ORDER, AND PROVIDING AN ADDITIONAL REPORT TO THE CFTC, NO LATER THAN
365 DAYS OF THE ENTRY OF THE ORDER, EXPLAINING HOW IT HAS COMPLIED WITH THE UNDERTAKINGS SET FORTH IN THE ORDER.regulatory · block 74GOLDMAN SACHS SAUDI ARABIAPDF pages 795–797
- Advisory affiliate name — filed text
- GOLDMAN SACHS SAUDI ARABIA
- Regulator name — filed text
- CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
- Monetary/Fine Amount — filed text
- $ 2,666.67
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY SUBMISSION OF A WIRE ON MARCH 1, 2017.
Other filed details
Description of allegations — filed text
IN A LETTER TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") DATED FEBRUARY 16, 2017, THAT WAS RECEIVED BY HAND DELIVERY ON FEBRUARY 22, 2017, FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY (THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING A DELAY OF MORE THAN THREE DAYS IN PROVIDING THE CMA WITH THE CERTAIN ACCOUNT INFORMATION REQUIRED BY VIRTUE OF CMA CIRCULAR NO. S/6/6/9214/16, DATED DECEMBER 6, 2016, IN ALLEGED VIOLATION OF SECTION (A) OF ARTICLE 3 OF THE AUTHORIZED PERSONS REGULATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS SAUDI
ARABIA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CAPITAL MARKET AUTHORITY OF THE KINGDOM OF SAUDI ARABIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/22/2017
Exact
Explanation
If not exact, provide explanation:
GOLDMAN SACHS SAUDI ARABIA RECEIVED A LETTER BY HAND DELIVERY ON FEBRUARY 22, 2017 FROM THE KINGDOM OF SAUDI ARABIA CAPITAL
MARKET AUTHORITY ("CMA") INFORMING OF A CMA DECISION.
4.
Docket/Case Number:
S/3/7/876/17
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A LETTER TO GOLDMAN SACHS SAUDI ARABIA ("GSSA") DATED FEBRUARY 16, 2017, THAT WAS RECEIVED BY HAND DELIVERY ON FEBRUARY 22, 2017,
FROM THE KINGDOM OF SAUDI ARABIA CAPITAL MARKET AUTHORITY (THE "CMA"), THE CMA INFORMED GSSA OF A CMA DECISION ALLEGING A DELAY OF
MORE THAN THREE DAYS IN PROVIDING THE CMA WITH THE CERTAIN ACCOUNT INFORMATION REQUIRED BY VIRTUE OF CMA CIRCULAR NO.
S/6/6/9214/16, DATED DECEMBER 6, 2016, IN ALLEGED VIOLATION OF SECTION (A) OF ARTICLE 3 OF THE AUTHORIZED PERSONS REGULATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
02/22/2017
Exact
Explanation
If not exact, provide explanation:
GOLDMAN SACHS SAUDI ARABIA RECEIVED A LETTER BY HAND DELIVERY ON FEBRUARY 22, 2017 FROM THE CMA INFORMING OF A CMA DECISION.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,666.67
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
g
g
y
p
p
p
g
y
y
p
y p
penalty was waived:
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS
PAID BY SUBMISSION OF A WIRE ON MARCH 1, 2017. WHILE THE ACTUAL PAYMENT WAS MADE IN SAUDI ARABIAN RIYALS, USING THE FOREIGN
EXCHANGE SPOT RATE OF SAR1:USD0.266666 AS OF MARCH 1, 2017, THE EQUIVALENT U.S. DOLLAR VALUE ON MARCH 1, 2017 WAS
US$2,666.67, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSSA AGREED TO THE PAYMENT OF A FINANCIAL PENALTY TO THE CMA IN THE AMOUNT OF 10,000 SAUDI ARABIAN RIYALS (SAR), WHICH WAS PAID BY
SUBMISSION OF A WIRE ON MARCH 1, 2017.regulatory · block 75GOLDMAN SACHS INTERNATIONALPDF pages 797–799
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FRANKFURT STOCK EXCHANGE
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FSE ISSUED A REPRIMAND TO GSI, AND REQUIRED GSI TO PAY A 500 EURO FEE FOR THE PROCEEDINGS. IN ITS DECISION, THE FSE NOTED THAT GSI DISCOVERED THE ERROR ITSELF AND THEN IMMEDIATELY DISCLOSED AND REMEDIED IT.
Other filed details
Description of allegations — filed text
THE FRANKFURT STOCK EXCHANGE ("FSE") SANCTIONS COMMITTEE (THE "SANCTIONS COMMITTEE") ALLEGED THAT GOLDMAN SACHS INTERNATIONAL ("GSI") VIOLATED SEC. 72A OF THE EXCHANGE RULES OF THE FSE BY CONVEYING CERTAIN UNLABELED ORDERS GENERATED BY ALGORITHMIC TRADING TO THE XETRA TRADING PLATFORM OF THE FSE IN THE PERIOD FROM MARCH 29, 2016 TO SEPTEMBER 20, 2016.
Sanction detail — filed text
THE FSE ISSUED A REPRIMAND TO GSI, AND REQUIRED GSI TO PAY A 500 EURO FEE FOR THE PROCEEDINGS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FRANKFURT STOCK EXCHANGE
2.
Principal Sanction:
Reprimand
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/07/2016
Exact
Explanation
If not exact, provide explanation:
ON DECEMBER 7, 2016, THE SANCTIONS COMMITTEE OF THE FRANKFURT STOCK EXCHANGE INFORMED GOLDMAN SACHS INTERNATIONAL OF SANCTION
PROCEEDINGS INITIATED ON NOVEMBER 28, 2016.
4.
Docket/Case Number:
H 15-2016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FRANKFURT STOCK EXCHANGE ("FSE") SANCTIONS COMMITTEE (THE "SANCTIONS COMMITTEE") ALLEGED THAT GOLDMAN SACHS INTERNATIONAL
("GSI") VIOLATED SEC. 72A OF THE EXCHANGE RULES OF THE FSE BY CONVEYING CERTAIN UNLABELED ORDERS GENERATED BY ALGORITHMIC TRADING
TO THE XETRA TRADING PLATFORM OF THE FSE IN THE PERIOD FROM MARCH 29, 2016 TO SEPTEMBER 20, 2016.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
02/21/2017
Exact
Explanation
If not exact, provide explanation:
IN A LETTER SENT BY COURIER DATED FEBRUARY 21, 2017, THE CHAIRMAN OF THE SANCTIONS COMMITTEE NOTIFIED GSI OF THE SANCTIONS
COMMITTEE'S DECISION, DATED JANUARY 20, 2017.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
THE FSE ISSUED A REPRIMAND TO GSI, AND REQUIRED GSI TO PAY A 500 EURO FEE FOR THE PROCEEDINGS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FSE ISSUED A REPRIMAND TO GSI, AND REQUIRED GSI TO PAY A 500 EURO FEE FOR THE PROCEEDINGS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FSE ISSUED A REPRIMAND TO GSI, AND REQUIRED GSI TO PAY A 500 EURO FEE FOR THE PROCEEDINGS. IN ITS DECISION, THE FSE NOTED THAT
GSI DISCOVERED THE ERROR ITSELF AND THEN IMMEDIATELY DISCLOSED AND REMEDIED IT.regulatory · block 76PDF pages 799–800
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 5, 2017.
Other filed details
Description of allegations — filed text
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT CERTAIN GOLDMAN, SACHS & CO. (THE "FIRM") TRADE DATA FOR THE TRADE DATES OF JANUARY 3, 2017 THROUGH JANUARY 24, 2017 REFLECTED A COMPUTERIZED TRADE RECONSTRUCTION (CTR) ERROR RATE IN EXCESS OF APPLICABLE THRESHOLD LEVELS, IN DEEMED VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
Sanction detail — filed text
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 5, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/03/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-9164
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT CERTAIN GOLDMAN, SACHS & CO. (THE "FIRM") TRADE
DATA FOR THE TRADE DATES OF JANUARY 3, 2017 THROUGH JANUARY 24, 2017 REFLECTED A COMPUTERIZED TRADE RECONSTRUCTION (CTR) ERROR
RATE IN EXCESS OF APPLICABLE THRESHOLD LEVELS, IN DEEMED VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/03/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 5, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $2,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON APRIL 5, 2017.regulatory · block 77GOLDMAN SACHS INTERNATIONALPDF pages 800–802
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN")
- Monetary/Fine Amount — filed text
- $ 882,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019.
Other filed details
Description of allegations — filed text
ON MAY 2, 2017 FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") HAS ALLEGED CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") IN MAY 2016 OF SECTIONS 21(1) AND 25(1) OF THE GERMAN SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG") AS A RESULT OF GSI'S LATE SUBMISSION OF A SHAREHOLDER VOTING RIGHTS NOTIFICATION. ON AUGUST 12, 2019 BAFIN IMPOSED AN ADMINISTRATIVE FINE ON GSI IN THE AMOUNT OF 800,000 EUROS FOR A BREACH OF SECTION 130(1) OF THE GERMAN ACT OF BREACHES OF ADMINISTRATIVE REGULATIONS IN CONJUNCTION WITH SECTION 25(1) OF THE GERMAN SECURITIES TRADING ACT. THIS FINE CONCLUDED CASES WA 17-WP 3121-2017/0003 AND WA 17-WP 3120-2016/0060.
Sanction detail — filed text
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF EUR 1: USD 1.1025 AS OF SEPTEMBER 4, 2019, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 4, 2019 WAS APPROXIMATELY $882,000, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN")
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/02/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
GZ: WA 17-WP 3120-2016/0060
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 2, 2017 FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") HAS
ALLEGED CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") IN MAY 2016 OF SECTIONS 21(1) AND 25(1) OF THE GERMAN SECURITIES
TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG") AS A RESULT OF GSI'S LATE SUBMISSION OF A SHAREHOLDER VOTING RIGHTS NOTIFICATION.
ON AUGUST 12, 2019 BAFIN IMPOSED AN ADMINISTRATIVE FINE ON GSI IN THE AMOUNT OF 800,000 EUROS FOR A BREACH OF SECTION 130(1) OF THE
GERMAN ACT OF BREACHES OF ADMINISTRATIVE REGULATIONS IN CONJUNCTION WITH SECTION 25(1) OF THE GERMAN SECURITIES TRADING ACT.
THIS FINE CONCLUDED CASES WA 17-WP 3121-2017/0003 AND WA 17-WP 3120-2016/0060.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
09/04/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 882,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019. WHILE
THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF EUR 1: USD 1.1025 AS
OF SEPTEMBER 4, 2019, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 4, 2019 WAS APPROXIMATELY $882,000, WHICH AMOUNT IS
REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019.regulatory · block 78GOLDMAN SACHS (INDIA) SECURITIES PRIVATE LIMITEDPDF pages 802–804
- Advisory affiliate name — filed text
- GOLDMAN SACHS (INDIA) SECURITIES PRIVATE LIMITED
- Regulator name — filed text
- SECURITIES AND EXCHANGE BOARD OF INDIA
- Monetary/Fine Amount — filed text
- $ 30,457.42
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, GIPL SUBMITTED A SETTLEMENT APPLICATION TO SEBI WHICH WAS ACCEPTED BY SEBI ON JUNE 29, 2018, IN WHICH GIPL AGREED TO MAKE A MONETARY PAYMENT TO SEBI IN THE AMOUNT OF 20,80,242 INDIAN RUPEES (INR), WHICH WAS PAID BY SUBMISSION OF A BANK DEMAND DRAFT ON JUNE 19, 2018.
Other filed details
Description of allegations — filed text
IN A NOTICE TO GOLDMAN SACHS (INDIA) SECURITIES PRIVATE LIMITED ("GIPL"), THE SECURITIES AND EXCHANGE BOARD OF INDIA ("SEBI") ALLEGED THAT GIPL MADE CERTAIN MISLEADING STATEMENTS TO SEBI FOLLOWING THE DEFERRAL OF A QUALIFIED INSTITUTIONAL PLACEMENT OF SECURITIES IN INDIA, IN ALLEGED VIOLATION OF PARAGRAPH 20 OF THE CODE OF CONDUCT FOR MERCHANT BANKERS UNDER THE SEBI (MERCHANT BANKERS) REGULATIONS, 1992.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, GIPL AGREED TO MAKE A MONETARY PAYMENT TO SEBI IN THE AMOUNT OF 20,80,242 INDIAN RUPEES (INR), WHICH WAS PAID BY SUBMISSION OF A BANK DEMAND DRAFT ON JUNE 19, 2018. WHILE THE ACTUAL PAYMENT WAS MADE IN INDIAN RUPEES, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF INR68.30:USD1 AS OF JUNE 19, 2018, THE EQUIVALENT U.S. DOLLAR VALUE ON JUNE 19, 2018 WAS $30,457.42, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS (INDIA)
SECURITIES PRIVATE LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE BOARD OF INDIA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/16/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
EAD-2/DSR/RG/14036/2017-PM/RR/02/2018-19
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE TO GOLDMAN SACHS (INDIA) SECURITIES PRIVATE LIMITED ("GIPL"), THE SECURITIES AND EXCHANGE BOARD OF INDIA ("SEBI") ALLEGED
THAT GIPL MADE CERTAIN MISLEADING STATEMENTS TO SEBI FOLLOWING THE DEFERRAL OF A QUALIFIED INSTITUTIONAL PLACEMENT OF SECURITIES
IN INDIA, IN ALLEGED VIOLATION OF PARAGRAPH 20 OF THE CODE OF CONDUCT FOR MERCHANT BANKERS UNDER THE SEBI (MERCHANT BANKERS)
REGULATIONS, 1992.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
06/29/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 30,457.42
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, GIPL AGREED TO MAKE A MONETARY PAYMENT TO SEBI IN
THE AMOUNT OF 20,80,242 INDIAN RUPEES (INR), WHICH WAS PAID BY SUBMISSION OF A BANK DEMAND DRAFT ON JUNE 19, 2018. WHILE THE
ACTUAL PAYMENT WAS MADE IN INDIAN RUPEES, USING THE FEDERAL RESERVE FOREIGN EXCHANGE RATE OF INR68.30:USD1 AS OF JUNE 19,
2018, THE EQUIVALENT U.S. DOLLAR VALUE ON JUNE 19, 2018 WAS $30,457.42, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, GIPL SUBMITTED A SETTLEMENT APPLICATION TO SEBI WHICH
WAS ACCEPTED BY SEBI ON JUNE 29, 2018, IN WHICH GIPL AGREED TO MAKE A MONETARY PAYMENT TO SEBI IN THE AMOUNT OF 20,80,242 INDIAN
RUPEES (INR), WHICH WAS PAID BY SUBMISSION OF A BANK DEMAND DRAFT ON JUNE 19, 2018.regulatory · block 79PDF pages 804–806
- Regulator name — filed text
- NASDAQ PHLX LLC
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Stipulation and Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND ENTERED INTO AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE PHLX BUSINESS CONDUCT COMMITTEE (THE "OFFER OF SETTLEMENT"), WHICH WAS ACCEPTED BY THE PHLX BUSINESS CONDUCT COMMITTEE ON JUNE 26, 2017, AND BECAME FINAL ON JULY 14, 2017. ON JULY 31, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $250,000. THE OFFER OF SETTLEMENT WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF- REGULATORY ORGANIZATIONS: BATS BZX EXCHANGE, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC); AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
Other filed details
Description of allegations — filed text
THE NASDAQ PHLX LLC ("PHLX") BUSINESS CONDUCT COMMITTEE ALLEGED THAT DURING THE PERIOD BETWEEN JANUARY 19, 2010 AND JANUARY 16, 2016, GOLDMAN SACHS & CO. LLC (THE "FIRM"): (I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF PHLX RULES 1003 AND 707; AND (II) FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF PHLX RULES 748(G) (FOR THE PERIOD PRIOR TO NOVEMBER 23, 2012), 748(H) (FOR THE PERIOD ON AND AFTER NOVEMBER 23, 2012), AND 707.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF $2,500,000 PAYABLE TO PHLX AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $250,000 WAS PAID BY A SUBMISSION OF A WIRE TO PHLX ON JULY 31, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ PHLX LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
06/23/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014043565901
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE NASDAQ PHLX LLC ("PHLX") BUSINESS CONDUCT COMMITTEE ALLEGED THAT DURING THE PERIOD BETWEEN JANUARY 19, 2010 AND JANUARY 16,
2016, GOLDMAN SACHS & CO. LLC (THE "FIRM"): (I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE
OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF PHLX RULES 1003 AND 707; AND (II) FAILED TO ESTABLISH AND
MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE
COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN
SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF PHLX RULES 748(G) (FOR
THE PERIOD PRIOR TO NOVEMBER 23, 2012), 748(H) (FOR THE PERIOD ON AND AFTER NOVEMBER 23, 2012), AND 707.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Stipulation and Consent
11. Resolution Date (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 250,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM TO ADDRESS THE LOPR DEFICIENCIES DESCRIBED IN THE OFFER OF SETTLEMENT TO ENSURE THAT IT HAS
IMPLEMENTED CONTROLS AND PROCEDURES THAT ARE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES AND REGULATIONS
CITED THEREIN, AND TO SUBMIT TO THE FINRA MARKET REGULATION DEPARTMENT, IN THE TIME AND MANNER PRESCRIBED IN THE OFFER OF
SETTLEMENT, A REPRESENTATION THAT THE FIRM: (I) HAS REVISED ITS WRITTEN SUPERVISORY PROCEDURES TO ADDRESS THE DEFICIENT
REVIEW AREAS SPECIFIED IN THE OFFER OF SETTLEMENT, (II) FOR DEFICIENCIES REQUIRING TECHNOLOGY AND/OR SYSTEM CHANGES, HAS
IMPLEMENTED SUCH CHANGES, AND (III) THE DATE THIS WAS IMPLEMENTED.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF
$2,500,000 PAYABLE TO PHLX AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $250,000 WAS PAID BY A SUBMISSION OF A
WIRE TO PHLX ON JULY 31, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND
ENTERED INTO AN OFFER OF SETTLEMENT, STIPULATION OF FACTS AND CONSENT TO SANCTIONS WITH THE PHLX BUSINESS CONDUCT COMMITTEE
(THE "OFFER OF SETTLEMENT"), WHICH WAS ACCEPTED BY THE PHLX BUSINESS CONDUCT COMMITTEE ON JUNE 26, 2017, AND BECAME FINAL ON JULY
14, 2017. ON JULY 31, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $250,000. THE OFFER OF SETTLEMENT WAS
CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-
REGULATORY ORGANIZATIONS: BATS BZX EXCHANGE, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC); AND THE
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.regulatory · block 80PDF pages 806–808
- Regulator name — filed text
- BATS BZX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 525,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY BZX ON JUNE 26, 2017, AND BECAME FINAL ON JULY 14, 2017. ON JULY 31, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $525,000. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY ORGANIZATIONS: FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC); AND NASDAQ PHLX LLC.
Other filed details
Description of allegations — filed text
BATS BZX EXCHANGE, INC. ("BZX") ALLEGED THAT DURING THE PERIOD BETWEEN AT LEAST FEBRUARY 19, 2010 AND JULY 7, 2016, GOLDMAN SACHS & CO. LLC (THE "FIRM"): (I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF BZX RULE 18.10; AND (II) FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF BZX RULES 3.1, 5.1, 5.2 AND 5.3.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF $2,500,000, PAYABLE TO BZX AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $525,000 WAS PAID BY SUBMISSION OF A WIRE TO BZX ON JULY 31, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BATS BZX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012031318002
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
BATS BZX EXCHANGE, INC. ("BZX") ALLEGED THAT DURING THE PERIOD BETWEEN AT LEAST FEBRUARY 19, 2010 AND JULY 7, 2016, GOLDMAN SACHS &
CO. LLC (THE "FIRM"): (I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE OPTIONS POSITION
REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF BZX RULE 18.10; AND (II) FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY
SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES
GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE
THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF BZX RULES 3.1, 5.1, 5.2 AND 5.3.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 525,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM TO ADDRESS THE LOPR DEFICIENCIES DESCRIBED IN THE AWC TO ENSURE THAT IT HAS IMPLEMENTED CONTROLS
AND PROCEDURES THAT ARE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES AND REGULATIONS CITED THEREIN, AND TO
SUBMIT TO THE FINRA MARKET REGULATION DEPARTMENT, IN THE TIME AND MANNER PRESCRIBED IN THE AWC, A REPRESENTATION THAT THE
FIRM: (I) HAS REVISED ITS WRITTEN SUPERVISORY PROCEDURES TO ADDRESS THE DEFICIENT REVIEW AREAS SPECIFIED IN THE AWC, (II) FOR
DEFICIENCIES REQUIRING TECHNOLOGY AND/OR SYSTEM CHANGES, HAS IMPLEMENTED SUCH CHANGES, AND (III) THE DATE THIS WAS
IMPLEMENTED.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF
$2,500,000, PAYABLE TO BZX AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $525,000 WAS PAID BY SUBMISSION OF A WIRE
TO BZX ON JULY 31, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND
ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY BZX ON JUNE 26, 2017, AND BECAME FINAL ON
JULY 14, 2017. ON JULY 31, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $525,000. THE AWC WAS CONDITIONED
UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY
ORGANIZATIONS: FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC);
AND NASDAQ PHLX LLC.regulatory · block 81PDF pages 808–810
- Regulator name — filed text
- NASDAQ ISE, LLC
- Monetary/Fine Amount — filed text
- $ 300,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY ISE ON JULY 14, 2017, AND ON JULY 31, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $300,000. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY ORGANIZATIONS: FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.; BATS BZX EXCHANGE, INC.; AND NASDAQ PHLX LLC.
Other filed details
Description of allegations — filed text
NASDAQ ISE, LLC ("ISE") ALLEGED THAT DURING THE PERIOD BETWEEN JANUARY 1, 2016 AND JULY 7, 2016, GOLDMAN SACHS & CO. LLC (THE "FIRM"): (I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF ISE RULE 415(A); AND (II) FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF ISE RULE 401.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF $2,500,000, PAYABLE TO ISE AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $300,000 WAS PAID BY SUBMISSION OF A WIRE TO ISE ON JULY 31, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ ISE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012031318003
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
NASDAQ ISE, LLC ("ISE") ALLEGED THAT DURING THE PERIOD BETWEEN JANUARY 1, 2016 AND JULY 7, 2016, GOLDMAN SACHS & CO. LLC (THE "FIRM"):
(I) FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM,
IN ALLEGED VIOLATION OF ISE RULE 415(A); AND (II) FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM
OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF
OPTIONS POSITIONS TO THE LOPR SYSTEM INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF
SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF ISE RULE 401.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 300,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM TO ADDRESS THE LOPR DEFICIENCIES DESCRIBED IN THE AWC TO ENSURE THAT IT HAS IMPLEMENTED CONTROLS
AND PROCEDURES THAT ARE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES AND REGULATIONS CITED THEREIN, AND TO
SUBMIT TO THE FINRA MARKET REGULATION DEPARTMENT, IN THE TIME AND MANNER PRESCRIBED IN THE AWC, A REPRESENTATION THAT THE
FIRM: (I) HAS REVISED ITS WRITTEN SUPERVISORY PROCEDURES TO ADDRESS THE DEFICIENT REVIEW AREAS SPECIFIED IN THE AWC, (II) FOR
DEFICIENCIES REQUIRING TECHNOLOGY AND/OR SYSTEM CHANGES, HAS IMPLEMENTED SUCH CHANGES, AND (III) THE DATE THIS WAS
IMPLEMENTED.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF
$2,500,000, PAYABLE TO ISE AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $300,000 WAS PAID BY SUBMISSION OF A WIRE
TO ISE ON JULY 31, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND
ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY ISE ON JULY 14, 2017, AND ON JULY 31, 2017,
THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $300,000. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL
SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY ORGANIZATIONS: FINANCIAL INDUSTRY
REGULATORY AUTHORITY, INC.; BATS BZX EXCHANGE, INC.; AND NASDAQ PHLX LLC.regulatory · block 82PDF pages 810–812
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 1,425,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON JULY 14, 2017, AND ON JULY 27, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $1,425,000. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY ORGANIZATIONS: BATS BZX EXCHANGE, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC); AND NASDAQ PHLX LLC.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN SACHS & CO. LLC (THE "FIRM"): (I) DURING THE PERIOD BETWEEN AT LEAST JANUARY 9, 2010 AND JULY 7, 2016, FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN OVER-THE-COUNTER ("OTC") OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF FINRA RULE 2360(B)(5); (II) DURING THE PERIOD FROM JULY 31, 2012 THROUGH APRIL 29, 2016, EXCEEDED THE POSITON LIMITS IN THREE DIFFERENT OTC OPTIONS FOR CERTAIN CUSTOMERS AND/OR PROPRIETARY ACCOUNTS, IN ALLEGED VIOLATION OF FINRA RULE 2360(B)(3), AND (III) DURING THE PERIOD BETWEEN AT LEAST JANUARY 19, 2010 AND JULY 7, 2016, FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM, INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM AND COMPLIANCE WITH APPLICABLE POSITION LIMITS, INCLUDING SUFFICIENT WRITTEN SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF NASD RULE 3010 (FOR CONDUCT PRIOR TO DECEMBER 1, 2014), AND FINRA RULES 3110 (FOR CONDUCT ON AND AFTER DECEMBER 1, 2014) AND 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF $2,500,000, PAYABLE TO FINRA AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $1,425,000 WAS PAID BY SUBMISSION OF A WIRE TO FINRA ON JULY 27, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2012031318001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF MARKET REGULATION ALLEGED THAT GOLDMAN SACHS & CO. LLC (THE
"FIRM"): (I) DURING THE PERIOD BETWEEN AT LEAST JANUARY 9, 2010 AND JULY 7, 2016, FAILED TO REPORT AND INACCURATELY REPORTED CERTAIN
OVER-THE-COUNTER ("OTC") OPTION POSITIONS TO THE LARGE OPTIONS POSITION REPORTING ("LOPR") SYSTEM, IN ALLEGED VIOLATION OF FINRA
RULE 2360(B)(5); (II) DURING THE PERIOD FROM JULY 31, 2012 THROUGH APRIL 29, 2016, EXCEEDED THE POSITON LIMITS IN THREE DIFFERENT OTC
OPTIONS FOR CERTAIN CUSTOMERS AND/OR PROPRIETARY ACCOUNTS, IN ALLEGED VIOLATION OF FINRA RULE 2360(B)(3), AND (III) DURING THE
PERIOD BETWEEN AT LEAST JANUARY 19, 2010 AND JULY 7, 2016, FAILED TO ESTABLISH AND MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM,
INCLUDING A SYSTEM OF FOLLOW-UP AND REVIEW, THAT WAS REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES GOVERNING THE
REPORTING OF OPTIONS POSITIONS TO THE LOPR SYSTEM AND COMPLIANCE WITH APPLICABLE POSITION LIMITS, INCLUDING SUFFICIENT WRITTEN
SUPERVISORY PROCEDURES TO ENSURE THE PROPER REPORTING OF SUBMISSIONS TO THE LOPR, IN ALLEGED VIOLATION OF NASD RULE 3010 (FOR
CONDUCT PRIOR TO DECEMBER 1, 2014), AND FINRA RULES 3110 (FOR CONDUCT ON AND AFTER DECEMBER 1, 2014) AND 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
07/14/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,425,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM TO ADDRESS THE LOPR DEFICIENCIES DESCRIBED IN THE AWC TO ENSURE THAT IT HAS IMPLEMENTED CONTROLS
AND PROCEDURES THAT ARE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RULES AND REGULATIONS CITED THEREIN, AND TO
SUBMIT TO THE FINRA MARKET REGULATION DEPARTMENT, IN THE TIME AND MANNER PRESCRIBED IN THE AWC, A REPRESENTATION THAT THE
FIRM: (I) HAS REVISED ITS WRITTEN SUPERVISORY PROCEDURES TO ADDRESS THE DEFICIENT REVIEW AREAS SPECIFIED IN THE AWC, (II) FOR
DEFICIENCIES REQUIRING TECHNOLOGY AND/OR SYSTEM CHANGES, HAS IMPLEMENTED SUCH CHANGES, AND (III) THE DATE THIS WAS
IMPLEMENTED.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO AN AGGREGATE FINE IN THE AMOUNT OF
$2,500,000, PAYABLE TO FINRA AND THREE OTHER SELF-REGULATORY ORGANIZATIONS, OF WHICH $1,425,000 WAS PAID BY SUBMISSION OF A
WIRE TO FINRA ON JULY 27, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE, A CENSURE, AND AN UNDERTAKING, AND
ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") WHICH WAS ACCEPTED BY FINRA ON JULY 14, 2017, AND ON JULY 27,
2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $1,425,000. THE AWC WAS CONDITIONED UPON ACCEPTANCE OF
PARALLEL SETTLEMENT AGREEMENTS IN RELATED MATTERS BETWEEN THE FIRM AND THE FOLLOWING SELF-REGULATORY ORGANIZATIONS: BATS BZX
EXCHANGE, INC.; NASDAQ ISE, LLC (F/K/A THE INTERNATIONAL SECURITIES EXCHANGE, LLC); AND NASDAQ PHLX LLC.regulatory · block 83PDF pages 812–814
- Regulator name — filed text
- C2 OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE COMMITTEE ON AUGUST 8, 2017. ON SEPTEMBER 13, 2017, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON SEPTEMBER 20, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $10,000.
Other filed details
Description of allegations — filed text
C2 OPTIONS EXCHANGE, INCORPORATED ("C2") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT GOLDMAN SACHS EXECUTION & CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM"), FAILED: (I) FROM ON OR ABOUT MAY 21, 2014 THROUGH ON OR ABOUT JULY 14, 2016, TO QUALIFY AND REGISTER ONE ASSOCIATED PERSON (THE "ASSOCIATED PERSON") IN THE APPROPRIATE CATEGORY OF REGISTRATION WITH C2, AND TO REGISTER THE ASSOCIATED PERSON IN THE PREREQUISITE REGISTRATION CATEGORY WITH C2; AND (II) FROM ON OR ABOUT MAY 21, 2014 THROUGH ON OR ABOUT MARCH 25, 2015, TO REGISTER THE MINIMUM NUMBER OF INDIVIDUALS REQUIRED TO BE REGISTERED AS A PROPRIETARY TRADER PRINCIPAL (TP) WITH C2, EACH IN ALLEGED VIOLATION OF C2 RULE 3.4. ON JUNE 12, 2017, GSEC AND THE FIRM CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $10,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON SEPTEMBER 20, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
C2 OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/21/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
C2 17-0001 / 20150443193
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
C2 OPTIONS EXCHANGE, INCORPORATED ("C2") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT GOLDMAN SACHS EXECUTION &
CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM"), FAILED: (I) FROM ON OR ABOUT MAY 21, 2014 THROUGH
ON OR ABOUT JULY 14, 2016, TO QUALIFY AND REGISTER ONE ASSOCIATED PERSON (THE "ASSOCIATED PERSON") IN THE APPROPRIATE CATEGORY OF
REGISTRATION WITH C2, AND TO REGISTER THE ASSOCIATED PERSON IN THE PREREQUISITE REGISTRATION CATEGORY WITH C2; AND (II) FROM ON OR
ABOUT MAY 21, 2014 THROUGH ON OR ABOUT MARCH 25, 2015, TO REGISTER THE MINIMUM NUMBER OF INDIVIDUALS REQUIRED TO BE REGISTERED
AS A PROPRIETARY TRADER PRINCIPAL (TP) WITH C2, EACH IN ALLEGED VIOLATION OF C2 RULE 3.4. ON JUNE 12, 2017, GSEC AND THE FIRM
CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY
REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER
REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/13/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$10,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON SEPTEMBER 20, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE
COMMITTEE ON AUGUST 8, 2017. ON SEPTEMBER 13, 2017, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON
SEPTEMBER 20, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $10,000.regulatory · block 84PDF pages 814–816
- Regulator name — filed text
- CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE COMMITTEE ON AUGUST 8, 2017. ON SEPTEMBER 13, 2017, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON SEPTEMBER 20, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $5,000.
Other filed details
Description of allegations — filed text
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT, FROM ON OR ABOUT NOVEMBER 5, 2011 THROUGH ON OR ABOUT JULY 14, 2016, GOLDMAN SACHS EXECUTION & CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM"), FAILED TO QUALIFY AND REGISTER ONE ASSOCIATED PERSON (THE "ASSOCIATED PERSON") IN THE APPROPRIATE CATEGORY OF REGISTRATION WITH CBOE, AND FAILED TO REGISTER THE ASSOCIATED PERSON IN THE PREREQUISITE REGISTRATION CATEGORY WITH CBOE, IN ALLEGED VIOLATION OF CBOE RULE 3.6A. ON JUNE 12, 2017, GSEC AND THE FIRM CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $5,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON SEPTEMBER 20, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/21/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-0046 / 20150443193
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("CBOE") BUSINESS CONDUCT COMMITTEE (THE "COMMITTEE") ALLEGED THAT, FROM ON OR
ABOUT NOVEMBER 5, 2011 THROUGH ON OR ABOUT JULY 14, 2016, GOLDMAN SACHS EXECUTION & CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF
GOLDMAN SACHS & CO. LLC (THE "FIRM"), FAILED TO QUALIFY AND REGISTER ONE ASSOCIATED PERSON (THE "ASSOCIATED PERSON") IN THE
APPROPRIATE CATEGORY OF REGISTRATION WITH CBOE, AND FAILED TO REGISTER THE ASSOCIATED PERSON IN THE PREREQUISITE REGISTRATION
CATEGORY WITH CBOE, IN ALLEGED VIOLATION OF CBOE RULE 3.6A. ON JUNE 12, 2017, GSEC AND THE FIRM CONSUMMATED A MERGER OF GSEC WITH
AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY REMAINING GSEC ASSETS, LIABILITIES AND
OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER REGISTRATION (FORM BDW) WITH THE
SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/13/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$5,000, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON SEPTEMBER 20, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM SUBMITTED AN OFFER OF SETTLEMENT TO THE
COMMITTEE ON AUGUST 8, 2017. ON SEPTEMBER 13, 2017, THE COMMITTEE ISSUED A DECISION ACCEPTING THE OFFER OF SETTLEMENT, AND ON
SEPTEMBER 20, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF THE FINE IN THE AMOUNT OF $5,000.regulatory · block 85GOLDMAN SACHS INTERNATIONALPDF pages 816–818
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- BAFIN - THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
- Monetary/Fine Amount — filed text
- $ 882,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 19, 2017 FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT "BAFIN") HAS ALLEGED CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") IN MARCH 2017 OF SECTIONS 21(1) AND 25(1) OF THE GERMAN SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG") AS A RESULT OF GSI'S LATE SUBMISSION OF A SHAREHOLDER VOTING RIGHTS NOTIFICATION. ON AUGUST 12, 2019 BAFIN IMPOSED AN ADMINISTRATIVE FINE ON GSI IN THE AMOUNT OF 800,000 EUROS FOR A BREACH OF SECTION 130(1) OF THE GERMAN ACT OF BREACHES OF ADMINISTRATIVE REGULATIONS IN CONJUNCTION WITH SECTION 25(1) OF THE GERMAN SECURITIES TRADING ACT. THIS FINE CONCLUDED CASES WA 17-WP 3121-2017/0003 AND WA 17-WP 3120-2016/0060.
Sanction detail — filed text
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF EUR 1: USD 1.1025 AS OF SEPTEMBER 4, 2019, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 4, 2019 WAS APPROXIMATELY $882,000, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BAFIN - THE FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/19/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
GZ: WA 17-WP 3121-2017/0003
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 19, 2017 FEDERAL FINANCIAL SUPERVISORY AUTHORITY OF GERMANY (BUNDESANSTALT FÜR FINANZDIENSTLEISTUNGSAUFSICHT
"BAFIN") HAS ALLEGED CERTAIN BREACHES BY GOLDMAN SACHS INTERNATIONAL ("GSI") IN MARCH 2017 OF SECTIONS 21(1) AND 25(1) OF THE
GERMAN SECURITIES TRADING ACT (WERTPAPIERHANDELSGESETZ - "WPHG") AS A RESULT OF GSI'S LATE SUBMISSION OF A SHAREHOLDER VOTING
RIGHTS NOTIFICATION. ON AUGUST 12, 2019 BAFIN IMPOSED AN ADMINISTRATIVE FINE ON GSI IN THE AMOUNT OF 800,000 EUROS FOR A BREACH OF
SECTION 130(1) OF THE GERMAN ACT OF BREACHES OF ADMINISTRATIVE REGULATIONS IN CONJUNCTION WITH SECTION 25(1) OF THE GERMAN
SECURITIES TRADING ACT. THIS FINE CONCLUDED CASES WA 17-WP 3121-2017/0003 AND WA 17-WP 3120-2016/0060.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
09/04/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 882,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019. WHILE
THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF EUR 1: USD 1.1025 AS
OF SEPTEMBER 4, 2019, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 4, 2019 WAS APPROXIMATELY $882,000, WHICH AMOUNT IS
REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY BAFIN WAS IN THE AMOUNT OF 800,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON SEPTEMBER 4, 2019.regulatory · block 86PDF pages 818–819
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 39,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 1, 2017, AND ON NOVEMBER 10, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $39,500.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT GOLDMAN SACHS & CO. LLC (THE "FIRM"): (A) DURING THE PERIOD FROM DECEMBER 11, 2014 THROUGH DECEMBER 16, 2014, FAILED TO REPORT TO THE OVER-THE-COUNTER ("OTC") REPORTING FACILITY ("OTCRF") THE CORRECT TIME OF EXECUTION FOR CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES IN VIOLATION OF FINRA RULE 7330(D)(4); AND (B) DURING THE PERIODS FROM SEPTEMBER 1, 2014 TO DECEMBER 31, 2014, AND FROM JANUARY 1, 2015 TO APRIL 30, 2015, (I) FAILED TO TRANSMIT TO THE OTCRF CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES WITHIN 10 SECONDS AFTER EXECUTION, IN VIOLATION OF FINRA RULE 6622(A) AND FINRA RULE 2010, AND (II) DID NOT HAVE A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO THE APPLICABLE SECURITIES LAWS AND REGULATIONS, AND THE RULES OF NASD AND FINRA, CONCERNING OTC EQUITY TRADE REPORTING; SPECIFICALLY, THAT THE FIRM'S WRITTEN SUPERVISORY PROCEDURES WERE NOT SUFFICIENTLY INSTRUCTIVE AS TO HOW OFTEN THE RESPONSIBLE SUPERVISOR(S) SHOULD TAKE THE SPECIFIED STEPS DESIGNED TO ACHIEVE COMPLIANCE, AND THAT THE FIRM FAILED IN CERTAIN RESPECTS TO ENFORCE ITS SUPERVISORY PROCEDURES CONCERNING OTC EQUITY TRADE REPORTING, IN VIOLATION OF NASD RULE 3010 (FOR CONDUCT PRIOR TO DECEMBER 1, 2014), AND FINRA RULES 3110 (FOR CONDUCT ON AND AFTER DECEMBER 1, 2014) AND 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $39,500, WHICH WAS PAID BY SUBMISSION OF A WIRE ON NOVEMBER 10, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/01/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015045105501
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT GOLDMAN SACHS & CO. LLC (THE
"FIRM"): (A) DURING THE PERIOD FROM DECEMBER 11, 2014 THROUGH DECEMBER 16, 2014, FAILED TO REPORT TO THE OVER-THE-COUNTER ("OTC")
REPORTING FACILITY ("OTCRF") THE CORRECT TIME OF EXECUTION FOR CERTAIN TRANSACTIONS IN REPORTABLE SECURITIES IN VIOLATION OF FINRA
RULE 7330(D)(4); AND (B) DURING THE PERIODS FROM SEPTEMBER 1, 2014 TO DECEMBER 31, 2014, AND FROM JANUARY 1, 2015 TO APRIL 30, 2015,
(I) FAILED TO TRANSMIT TO THE OTCRF CERTAIN LAST SALE REPORTS OF TRANSACTIONS IN OTC EQUITY SECURITIES WITHIN 10 SECONDS AFTER
EXECUTION, IN VIOLATION OF FINRA RULE 6622(A) AND FINRA RULE 2010, AND (II) DID NOT HAVE A SUPERVISORY SYSTEM REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH RESPECT TO THE APPLICABLE SECURITIES LAWS AND REGULATIONS, AND THE RULES OF NASD AND FINRA, CONCERNING
OTC EQUITY TRADE REPORTING; SPECIFICALLY, THAT THE FIRM'S WRITTEN SUPERVISORY PROCEDURES WERE NOT SUFFICIENTLY INSTRUCTIVE AS TO
HOW OFTEN THE RESPONSIBLE SUPERVISOR(S) SHOULD TAKE THE SPECIFIED STEPS DESIGNED TO ACHIEVE COMPLIANCE, AND THAT THE FIRM FAILED
IN CERTAIN RESPECTS TO ENFORCE ITS SUPERVISORY PROCEDURES CONCERNING OTC EQUITY TRADE REPORTING, IN VIOLATION OF NASD RULE 3010
(FOR CONDUCT PRIOR TO DECEMBER 1, 2014), AND FINRA RULES 3110 (FOR CONDUCT ON AND AFTER DECEMBER 1, 2014) AND 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
11/01/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 39,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $39,500, WHICH WAS
PAID BY SUBMISSION OF A WIRE ON NOVEMBER 10, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE AND FINE AND ENTERED INTO A LETTER OF
ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON NOVEMBER 1, 2017, AND ON NOVEMBER 10, 2017, THE FIRM
SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $39,500.regulatory · block 87PDF pages 819–821
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 9,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE CME IMPOSED A SUMMARY FINE ON THE FIRM IN THE AMOUNT OF $9,000.00, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 11, 2017.
Other filed details
Description of allegations — filed text
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED, BASED ON A SELF-REPORT FROM GOLDMAN SACHS & CO. LLC (THE "FIRM"), THAT ORDER MODIFICATION OR CANCELLATION MESSAGES ON CERTAIN FIRM SYSTEMS IDENTIFIED THE TAG 50 ID OF THE TRADER WHO ORIGINATED AN ORDER, RATHER THAN THE TAG 50 ID OF THE TRADER WHO MODIFIED OR CANCELLED THE ORDER, IN DEEMED VIOLATION OF CME RULE 576.
Sanction detail — filed text
THE CME IMPOSED A SUMMARY FINE ON THE FIRM IN THE AMOUNT OF $9,000.00, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 11, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/30/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-9364
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED, BASED ON A SELF-REPORT FROM GOLDMAN SACHS & CO. LLC
(THE "FIRM"), THAT ORDER MODIFICATION OR CANCELLATION MESSAGES ON CERTAIN FIRM SYSTEMS IDENTIFIED THE TAG 50 ID OF THE TRADER WHO
ORIGINATED AN ORDER, RATHER THAN THE TAG 50 ID OF THE TRADER WHO MODIFIED OR CANCELLED THE ORDER, IN DEEMED VIOLATION OF CME
RULE 576.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/11/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 9,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CME IMPOSED A SUMMARY FINE ON THE FIRM IN THE AMOUNT OF $9,000.00, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER
11, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CME IMPOSED A SUMMARY FINE ON THE FIRM IN THE AMOUNT OF $9,000.00, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 11,
2017.regulatory · block 88PDF pages 821–823
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
- Monetary/Fine Amount — filed text
- $ 700,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, A FINE AND AN UNDERTAKING, AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 1, 2017, AND ON DECEMBER 14, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $700,000.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT GOLDMAN SACHS EXECUTION AND CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM"), DUE TO CERTAIN FLAWS IN ITS PROSPECTUS-DELIVERY SYSTEM, FAILED TO DELIVER CERTAIN ETF PROSPECTUSES THAT IT INTENDED TO DELIVER IN THE PERIOD BETWEEN JUNE 2008 AND OCTOBER 2014. AS A CONSEQUENCE OF GSEC'S ALLEGED FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM AND WRITTEN SUPERVISORY PROCEDURES IN CONNECTION WITH ETF PROSPECTUS DELIVERY THAT WERE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH SECTION 5(B) (2) OF THE SECURITIES ACT OF 1933, THE FIRM ALLEGEDLY VIOLATED NASD RULES 3010 (A) AND (B) AND 2110 AND FINRA RULE 2010. IN ADDITION, AS A RESULT OF GSEC'S ALLEGED FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE SUPERVISORY CONTROL POLICIES AND PROCEDURES THAT ADEQUATELY TESTED AND VERIFIED THAT ITS SUPERVISORY PROCEDURES CONCERNING ETF PROSPECTUS DELIVERY WERE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS, THE FIRM ALLEGEDLY VIOLATED NASD RULES 3012 AND 2110 AND FINRA RULE 2010. (FINRA RULE 2010 REPLACED NASD RULE 2110 EFFECTIVE DECEMBER 15, 2008.) ON JUNE 12, 2017, GSEC AND THE FIRM CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $700,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 14, 2017.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
12/01/2017
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2014042582101
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EXCHANGE TRADED FUNDS (ETFS)
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ALLEGED THAT GOLDMAN SACHS EXECUTION AND
CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM"), DUE TO CERTAIN FLAWS IN ITS PROSPECTUS-DELIVERY
SYSTEM, FAILED TO DELIVER CERTAIN ETF PROSPECTUSES THAT IT INTENDED TO DELIVER IN THE PERIOD BETWEEN JUNE 2008 AND OCTOBER 2014.
AS A CONSEQUENCE OF GSEC'S ALLEGED FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM AND WRITTEN SUPERVISORY
PROCEDURES IN CONNECTION WITH ETF PROSPECTUS DELIVERY THAT WERE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH SECTION 5(B)
(2) OF THE SECURITIES ACT OF 1933, THE FIRM ALLEGEDLY VIOLATED NASD RULES 3010 (A) AND (B) AND 2110 AND FINRA RULE 2010. IN ADDITION,
AS A RESULT OF GSEC'S ALLEGED FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE SUPERVISORY CONTROL POLICIES AND PROCEDURES THAT
ADEQUATELY TESTED AND VERIFIED THAT ITS SUPERVISORY PROCEDURES CONCERNING ETF PROSPECTUS DELIVERY WERE REASONABLY DESIGNED TO
ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS, THE FIRM ALLEGEDLY VIOLATED NASD RULES 3012 AND 2110 AND
FINRA RULE 2010. (FINRA RULE 2010 REPLACED NASD RULE 2110 EFFECTIVE DECEMBER 15, 2008.) ON JUNE 12, 2017, GSEC AND THE FIRM
CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY
REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER
REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/01/2017
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 700,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING BY THE FIRM TO SUBMIT A CERTIFICATION THAT CERTAIN OF THE FIRM'S POLICIES, SYSTEMS, PROCEDURES AND TRAINING
RELATING TO ETF PROSPECTUS DELIVERY ARE REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH SECTION 5(B)(2) OF THE SECURITIES ACT
OF 1933 AND ANY APPLICABLE REGULATORY EXCHANGE RULES IN THE CONNECTION WITH DELIVERY OF ETF PROSPECTUSES.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF
$700,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON DECEMBER 14, 2017.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATIONS, ALLEGATIONS OR FINDINGS, THE FIRM CONSENTED TO A CENSURE, A FINE AND AN
UNDERTAKING, AND ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (AWC) WHICH WAS ACCEPTED BY FINRA ON DECEMBER 1, 2017,
AND ON DECEMBER 14, 2017, THE FIRM SUBMITTED A WIRE IN PAYMENT OF A FINE IN THE AMOUNT OF $700,000.regulatory · block 89THE GOLDMAN SACHS GROUP, INC.PDF pages 823–825
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- THE CZECH NATIONAL BANK
- Monetary/Fine Amount — filed text
- $ 33,945.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE CNB IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF 750,000 CZECH KORUNA (CZK), TOGETHER WITH COSTS OF 1,000 CZK, WHICH WAS PAID BY WIRE ON SEPTEMBER 7, 2018.
Other filed details
Description of allegations — filed text
THE CZECH NATIONAL BANK ("CNB") ISSUED AN ORDER ALLEGING THAT THE GOLDMAN SACHS GROUP, INC. (THE "FIRM") FAILED TO NOTIFY THE CNB WITHIN THE STATUTORY TIME LIMIT THAT ITS SHARES IN THE VOTING RIGHTS OF A CERTAIN ISSUER COMPANY HAD EXCEEDED 1%, IN DEEMED VIOLATION OF ARTICLE 122(1), AND IN CONJUNCTION WITH ARTICLE 122(2), OF THE CAPITAL MARKET UNDERTAKINGS ACT.
Sanction detail — filed text
THE CNB IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF 750,000 CZECH KORUNA (CZK), TOGETHER WITH COSTS OF 1,000 CZK, WHICH WAS PAID BY WIRE ON SEPTEMBER 7, 2018. WHILE THE ACTUAL PAYMENT OF THE FINE AND COSTS WAS MADE IN CZECH KORUNA, USING THE CNB FOREIGN EXCHANGE RATE OF CZK22.124:USD1 AS OF SEPTEMBER 7, 2018, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 7, 2018 WAS APPROXIMATELY $33,945.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE CZECH NATIONAL BANK
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/04/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2017 / 158544 / 570; 2018 / 095899 / CNB / 110
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CZECH NATIONAL BANK ("CNB") ISSUED AN ORDER ALLEGING THAT THE GOLDMAN SACHS GROUP, INC. (THE "FIRM") FAILED TO NOTIFY THE CNB
WITHIN THE STATUTORY TIME LIMIT THAT ITS SHARES IN THE VOTING RIGHTS OF A CERTAIN ISSUER COMPANY HAD EXCEEDED 1%, IN DEEMED
VIOLATION OF ARTICLE 122(1), AND IN CONJUNCTION WITH ARTICLE 122(2), OF THE CAPITAL MARKET UNDERTAKINGS ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/13/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 33,945.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CNB IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF 750,000 CZECH KORUNA (CZK), TOGETHER WITH COSTS OF 1,000 CZK, WHICH WAS
PAID BY WIRE ON SEPTEMBER 7, 2018. WHILE THE ACTUAL PAYMENT OF THE FINE AND COSTS WAS MADE IN CZECH KORUNA, USING THE CNB
FOREIGN EXCHANGE RATE OF CZK22.124:USD1 AS OF SEPTEMBER 7, 2018, THE EQUIVALENT U.S. DOLLAR VALUE ON SEPTEMBER 7, 2018 WAS
APPROXIMATELY $33,945.00, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CNB IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF 750,000 CZECH KORUNA (CZK), TOGETHER WITH COSTS OF 1,000 CZK, WHICH WAS PAID
BY WIRE ON SEPTEMBER 7, 2018.regulatory · block 90PDF pages 825–827
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Monetary/Fine Amount — filed text
- $ 14,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE AMENDED CONSENT, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE CONSENT ASSESSMENT, WHICH RELEASES AND DISCHARGES GS GROUP, GS BANK, AND THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ALL POTENTIAL LIABILITY THAT HAS BEEN OR MIGHT HAVE BEEN ASSERTED BY THE FEDERAL RESERVE BASED ON THE CONDUCT THAT IS THE SUBJECT OF CONSENT ASSESSMENT OR THE AMENDED CONSENT, AND ASSESSES GS GROUP AND GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $14,000,000, WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A WIRE ON JANUARY 12, 2018.
Other filed details
Description of allegations — filed text
THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN SACHS BANK USA ("GS BANK") ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT, AS AMENDED, WITH THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ON JANUARY 12, 2018 (THE "CONSENT ASSESSMENT"). THE CONSENT ASSESSMENT RELATED TO ALLEGATIONS BY THE FEDERAL RESERVE THAT, PRIOR TO SEPTEMBER 1, 2011, GS GROUP AND GS BANK HAD ENGAGED IN DEFICIENT PRACTICES IN RESIDENTIAL MORTGAGE LOAN SERVICING AND FORECLOSURE PROCESSING INVOLVING LITTON LOAN SERVICING LP ("LITTON"), A FORMER SUBSIDIARY. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP AND GS BANK HAD PREVIOUSLY ENTERED INTO A CONSENT ORDER WITH THE FEDERAL RESERVE RELATING TO THE SAME ALLEGED CONDUCT ON SEPTEMBER 1, 2011, AS AMENDED ON FEBRUARY 28, 2013 (THE "AMENDED CONSENT", WHICH IS REPORTED ON A SEPARATE DRP).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE AMENDED CONSENT, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE CONSENT ASSESSMENT, WHICH RELEASES AND DISCHARGES GS GROUP, GS BANK, AND THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ALL POTENTIAL LIABILITY THAT HAS BEEN OR MIGHT HAVE BEEN ASSERTED BY THE FEDERAL RESERVE BASED ON THE CONDUCT THAT IS THE SUBJECT OF CONSENT ASSESSMENT OR THE AMENDED CONSENT, AND ASSESSES GS GROUP AND GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $14,000,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JANUARY 12, 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS BANK USA
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/12/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-047-CMP-HC; 17-047-CMP-SM
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
RESIDENTIAL MORTGAGE LOANS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") AND GOLDMAN SACHS BANK USA ("GS BANK") ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL
MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT, AS AMENDED, WITH THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ON JANUARY 12, 2018 (THE "CONSENT ASSESSMENT"). THE CONSENT ASSESSMENT RELATED
TO ALLEGATIONS BY THE FEDERAL RESERVE THAT, PRIOR TO SEPTEMBER 1, 2011, GS GROUP AND GS BANK HAD ENGAGED IN DEFICIENT PRACTICES IN
RESIDENTIAL MORTGAGE LOAN SERVICING AND FORECLOSURE PROCESSING INVOLVING LITTON LOAN SERVICING LP ("LITTON"), A FORMER
SUBSIDIARY. WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS GROUP AND GS BANK HAD PREVIOUSLY ENTERED INTO A CONSENT ORDER WITH
THE FEDERAL RESERVE RELATING TO THE SAME ALLEGED CONDUCT ON SEPTEMBER 1, 2011, AS AMENDED ON FEBRUARY 28, 2013 (THE "AMENDED
CONSENT", WHICH IS REPORTED ON A SEPARATE DRP).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/12/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 14,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE AMENDED CONSENT, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED
INTO THE CONSENT ASSESSMENT, WHICH RELEASES AND DISCHARGES GS GROUP, GS BANK, AND THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS
FROM ALL POTENTIAL LIABILITY THAT HAS BEEN OR MIGHT HAVE BEEN ASSERTED BY THE FEDERAL RESERVE BASED ON THE CONDUCT THAT IS
THE SUBJECT OF CONSENT ASSESSMENT OR THE AMENDED CONSENT, AND ASSESSES GS GROUP AND GS BANK A CIVIL MONEY PENALTY IN THE
AMOUNT OF $14,000,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON JANUARY 12, 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE AMENDED CONSENT, GS GROUP, GS BANK AND THE FEDERAL RESERVE ENTERED INTO THE
CONSENT ASSESSMENT, WHICH RELEASES AND DISCHARGES GS GROUP, GS BANK, AND THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ALL
POTENTIAL LIABILITY THAT HAS BEEN OR MIGHT HAVE BEEN ASSERTED BY THE FEDERAL RESERVE BASED ON THE CONDUCT THAT IS THE SUBJECT OF
CONSENT ASSESSMENT OR THE AMENDED CONSENT, AND ASSESSES GS GROUP AND GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF
$14,000,000, WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A WIRE ON JANUARY 12, 2018.regulatory · block 91GOLDMAN SACHS BANK USAPDF pages 827–829
- Advisory affiliate name — filed text
- GOLDMAN SACHS BANK USA
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Monetary/Fine Amount — filed text
- $ 90,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON JANUARY 12, 2018, PRIOR TO THE TAKING OF ANY TESTIMONY OR ADJUDICATION OF OR FINDING ON ANY ISSUE OF FACT OR LAW, AND SOLELY FOR THE PURPOSE OF SETTLEMENT OF THE MATTER WITHOUT A FORMAL PROCEEDING BEING FILED AND WITHOUT THE NECESSITY FOR PROTRACTED OR EXTENDED HEARINGS OR TESTIMONY, GS BANK AND THE FEDERAL RESERVE ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT, AS AMENDED, WHICH ASSESSES GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $90,000, WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A CHECK ON JANUARY 12, 2018.
Other filed details
Description of allegations — filed text
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ALLEGED THAT GOLDMAN SACHS BANK USA ("GS BANK"), ENGAGED IN A PATTERN OR PRACTICE OF VIOLATIONS UNDER SECTION 102(F)(2) OF THE NATIONAL FLOOD INSURANCE ACT, 42 U.S.C. 4012A(F).
Sanction detail — filed text
ON JANUARY 12, 2018, GS BANK AND THE FEDERAL RESERVE ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT, AS AMENDED, WHICH ASSESSES GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $90,000, WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A CHECK ON JANUARY 12, 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS BANK USA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/12/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
17-045-CMP-SM
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Insurance
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") ALLEGED THAT GOLDMAN SACHS BANK USA ("GS BANK"),
ENGAGED IN A PATTERN OR PRACTICE OF VIOLATIONS UNDER SECTION 102(F)(2) OF THE NATIONAL FLOOD INSURANCE ACT, 42 U.S.C. 4012A(F).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/12/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 90,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON JANUARY 12, 2018, GS BANK AND THE FEDERAL RESERVE ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY PURSUANT
TO THE NATIONAL FLOOD INSURANCE ACT, AS AMENDED, WHICH ASSESSES GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $90,000,
WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A CHECK ON JANUARY 12, 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JANUARY 12, 2018, PRIOR TO THE TAKING OF ANY TESTIMONY OR ADJUDICATION OF OR FINDING ON ANY ISSUE OF FACT OR LAW, AND SOLELY FOR
THE PURPOSE OF SETTLEMENT OF THE MATTER WITHOUT A FORMAL PROCEEDING BEING FILED AND WITHOUT THE NECESSITY FOR PROTRACTED OR
EXTENDED HEARINGS OR TESTIMONY, GS BANK AND THE FEDERAL RESERVE ENTERED INTO AN ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY
PURSUANT TO THE NATIONAL FLOOD INSURANCE ACT, AS AMENDED, WHICH ASSESSES GS BANK A CIVIL MONEY PENALTY IN THE AMOUNT OF $90,000,
WHICH WAS PAID TO THE FEDERAL RESERVE BY SUBMISSION OF A CHECK ON JANUARY 12, 2018.regulatory · block 92PDF pages 829–831
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON APRIL 24, 2018.
Other filed details
Description of allegations — filed text
CME GROUP INC. ("CME") MARKET REGULATION ISSUED A SUMMARY FINE NOTICE TO GOLDMAN SACHS & CO. LLC (THE "FIRM") STATING THAT CME MARKET REGULATION IDENTIFIED TWO BLOCK TRADES THAT WERE REPORTED LATE OR MISREPORTED BY THE FIRM DURING JANUARY 2018, IN VIOLATION OF CME RULE 526.F.
Sanction detail — filed text
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON APRIL 24, 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/05/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-18-5008
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
CME GROUP INC. ("CME") MARKET REGULATION ISSUED A SUMMARY FINE NOTICE TO GOLDMAN SACHS & CO. LLC (THE "FIRM") STATING THAT CME
MARKET REGULATION IDENTIFIED TWO BLOCK TRADES THAT WERE REPORTED LATE OR MISREPORTED BY THE FIRM DURING JANUARY 2018, IN
VIOLATION OF CME RULE 526.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/20/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON APRIL 24, 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SUMMARY FINE, IN THE AMOUNT OF $1,000, WAS PAID BY SUBMISSION OF A WIRE ON APRIL 24, 2018.regulatory · block 93PDF pages 831–832
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 4, 2018.
Other filed details
Description of allegations — filed text
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT CERTAIN GOLDMAN SACHS & CO. LLC (THE "FIRM") TRADE DATA FOR THE TRADE DATES OF DECEMBER 11, 2017 THROUGH FEBRUARY 23, 2018 REFLECTED A COMPUTERIZED TRADE RECONSTRUCTION (CTR) ERROR RATE IN EXCESS OF APPLICABLE THRESHOLD LEVELS, IN DEEMED VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
Sanction detail — filed text
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 4, 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/12/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
18-9579
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT CERTAIN GOLDMAN SACHS & CO. LLC (THE "FIRM") TRADE
DATA FOR THE TRADE DATES OF DECEMBER 11, 2017 THROUGH FEBRUARY 23, 2018 REFLECTED A COMPUTERIZED TRADE RECONSTRUCTION (CTR)
ERROR RATE IN EXCESS OF APPLICABLE THRESHOLD LEVELS, IN DEEMED VIOLATION OF CHICAGO MERCANTILE EXCHANGE INC. RULE 536.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/30/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 4, 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CME IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $5,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON MAY 4, 2018.regulatory · block 94THE GOLDMAN SACHS GROUP, INC.PDF pages 833–835
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Monetary/Fine Amount — filed text
- $ 54,750,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ON MAY 1, 2018, PRIOR TO THE FILING OF ANY NOTICES OF CHARGES, OR TAKING OF ANY TESTIMONY, OR ADJUDICATION OF OR FINDING ON ANY ISSUES OF FACT OR LAW HEREIN, AND SOLELY FOR THE PURPOSE OF SETTLEMENT OF THIS MATTER WITHOUT A FORMAL PROCEEDING BEING FILED AND WITHOUT THE NECESSITY FOR PROTRACTED OR EXTENDED HEARINGS OR TESTIMONY, GS GROUP AND THE FEDERAL RESERVE ENTERED INTO AN ORDER TO CEASE AND DESIST AND ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT, AS AMENDED (THE "CONSENT ORDER"), PURSUANT TO WHICH: (A) GS GROUP, AS APPLICABLE, SHALL SUBMIT TO THE FEDERAL RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE CONSENT ORDER, AN ENHANCED WRITTEN INTERNAL CONTROLS AND COMPLIANCE PROGRAM, COMPLIANCE RISK MANAGEMENT PROGRAM, CONTROLS REVIEW, AND INTERNAL AUDIT PROGRAM, EACH AS ACCEPTABLE TO THE FEDERAL RESERVE; (B) THE FIRM SHALL ADOPT AND IMPLEMENT THESE PROGRAMS AND SUBMIT PROGRESS REPORTS TO THE FEDERAL RESERVE; (C) THE FIRM SHALL NOT IN THE FUTURE DIRECTLY OR INDIRECTLY RETAIN ANY INDIVIDUAL AS AN OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR CONTRACTOR OF THE FIRM OR ANY SUBSIDIARY OR ANY AFFILIATE THEREOF WHO HAS PARTICIPATED IN THE CONDUCT UNDERLYING THE CONSENT ORDER, BEEN SUBJECT TO A FORMAL DISCIPLINARY ACTION AS A RESULT OF THE FIRM'S INTERNAL DISCIPLINARY REVIEW OR PERFORMANCE REVIEW IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER AND SEPARATED FROM THE FIRM OR ANY SUBSIDIARY THEREOF OR HAD HIS OR HER EMPLOYMENT TERMINATED IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER; AND (D) THE FIRM PAID A CIVIL MONETARY PENALTY IN THE AMOUNT OF $54,750,000 ON MAY 2, 2018.
Other filed details
Description of allegations — filed text
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") HAS ALLEGED THAT: WHEREAS THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") SERVES AS A FOREIGN EXCHANGE ("FX") DEALER THROUGH CERTAIN OF ITS INDIRECT SUBSIDIARIES ("FX SUBSIDIARIES"), BY BUYING AND SELLING U.S. DOLLARS AND FOREIGN CURRENCY FOR THEIR OWN ACCOUNT AND BY SOLICITING AND RECEIVING ORDERS THROUGH COMMUNICATIONS BETWEEN CUSTOMERS AND SALES PERSONNEL THAT ARE EXECUTED ON THE SPOT MARKET ("COVERED FX ACTIVITIES"), FROM OCTOBER 2008 THROUGH OCTOBER 2012, GS GROUP AND CERTAIN SUBSIDIARIES (TOGETHER, THE "FIRM"): (A) LACKED ADEQUATE GOVERNANCE, COMPLIANCE RISK MANAGEMENT, COMPLIANCE AND/OR AUDIT POLICIES TO ENSURE THAT THE FX SUBSIDIARIES' COVERED FX ACTIVITIES COMPLIED WITH SAFE AND SOUND BANKING PRACTICES AND APPLICABLE INTERNAL POLICIES; AND (B) HAD DEFICIENT POLICIES AND PROCEDURES THAT PREVENTED IT FROM DETECTING AND ADDRESSING POTENTIALLY UNSOUND CONDUCT BY CERTAIN OF THE FX SUBSIDIARIES' FX TRADERS, AND AS A RESULT OF THE DEFICIENT POLICIES AND PROCEDURES, ENGAGED IN UNSAFE AND UNSOUND BANKING PRACTICES.
Sanction detail — filed text
ON MAY 1, 2018, GS GROUP AND THE FEDERAL RESERVE ENTERED INTO AN ORDER TO CEASE AND DESIST AND ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT, AS AMENDED, WHICH ASSESSES THE FIRM A CIVIL MONETARY PENALTY IN THE AMOUNT OF $54,750,000, WHICH THE FIRM PAID TO THE FEDERAL RESERVE ON MAY 2, 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
05/01/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
18-015-B-HC; 18-015-CMP-HC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
FOREIGN EXCHANGE
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE") HAS ALLEGED THAT: WHEREAS THE GOLDMAN SACHS
GROUP, INC. ("GS GROUP") SERVES AS A FOREIGN EXCHANGE ("FX") DEALER THROUGH CERTAIN OF ITS INDIRECT SUBSIDIARIES ("FX SUBSIDIARIES"),
BY BUYING AND SELLING U.S. DOLLARS AND FOREIGN CURRENCY FOR THEIR OWN ACCOUNT AND BY SOLICITING AND RECEIVING ORDERS THROUGH
COMMUNICATIONS BETWEEN CUSTOMERS AND SALES PERSONNEL THAT ARE EXECUTED ON THE SPOT MARKET ("COVERED FX ACTIVITIES"), FROM
OCTOBER 2008 THROUGH OCTOBER 2012, GS GROUP AND CERTAIN SUBSIDIARIES (TOGETHER, THE "FIRM"): (A) LACKED ADEQUATE GOVERNANCE,
COMPLIANCE RISK MANAGEMENT, COMPLIANCE AND/OR AUDIT POLICIES TO ENSURE THAT THE FX SUBSIDIARIES' COVERED FX ACTIVITIES COMPLIED
WITH SAFE AND SOUND BANKING PRACTICES AND APPLICABLE INTERNAL POLICIES; AND (B) HAD DEFICIENT POLICIES AND PROCEDURES THAT
PREVENTED IT FROM DETECTING AND ADDRESSING POTENTIALLY UNSOUND CONDUCT BY CERTAIN OF THE FX SUBSIDIARIES' FX TRADERS, AND AS A
RESULT OF THE DEFICIENT POLICIES AND PROCEDURES, ENGAGED IN UNSAFE AND UNSOUND BANKING PRACTICES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/01/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 54,750,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING TO SUBMIT, AS APPLICABLE, CERTAIN COMPLIANCE-RELATED PLANS, PROGRAMS AND REPORTS ACCEPTABLE TO THE FEDERAL
RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE CONSENT ORDER.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON MAY 1, 2018, GS GROUP AND THE FEDERAL RESERVE ENTERED INTO AN ORDER TO CEASE AND DESIST AND ORDER OF ASSESSMENT OF A
CIVIL MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT, AS AMENDED, WHICH ASSESSES THE FIRM
A CIVIL MONETARY PENALTY IN THE AMOUNT OF $54,750,000, WHICH THE FIRM PAID TO THE FEDERAL RESERVE ON MAY 2, 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 1, 2018, PRIOR TO THE FILING OF ANY NOTICES OF CHARGES, OR TAKING OF ANY TESTIMONY, OR ADJUDICATION OF OR FINDING ON ANY
ISSUES OF FACT OR LAW HEREIN, AND SOLELY FOR THE PURPOSE OF SETTLEMENT OF THIS MATTER WITHOUT A FORMAL PROCEEDING BEING FILED
AND WITHOUT THE NECESSITY FOR PROTRACTED OR EXTENDED HEARINGS OR TESTIMONY, GS GROUP AND THE FEDERAL RESERVE ENTERED INTO AN
ORDER TO CEASE AND DESIST AND ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY ISSUED UPON CONSENT PURSUANT TO THE FEDERAL DEPOSIT
INSURANCE ACT, AS AMENDED (THE "CONSENT ORDER"), PURSUANT TO WHICH: (A) GS GROUP, AS APPLICABLE, SHALL SUBMIT TO THE FEDERAL
RESERVE WITHIN THE APPLICABLE TIME PERIODS SET FORTH IN THE CONSENT ORDER, AN ENHANCED WRITTEN INTERNAL CONTROLS AND
COMPLIANCE PROGRAM, COMPLIANCE RISK MANAGEMENT PROGRAM, CONTROLS REVIEW, AND INTERNAL AUDIT PROGRAM, EACH AS ACCEPTABLE TO
THE FEDERAL RESERVE; (B) THE FIRM SHALL ADOPT AND IMPLEMENT THESE PROGRAMS AND SUBMIT PROGRESS REPORTS TO THE FEDERAL RESERVE;
(C) THE FIRM SHALL NOT IN THE FUTURE DIRECTLY OR INDIRECTLY RETAIN ANY INDIVIDUAL AS AN OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR
CONTRACTOR OF THE FIRM OR ANY SUBSIDIARY OR ANY AFFILIATE THEREOF WHO HAS PARTICIPATED IN THE CONDUCT UNDERLYING THE CONSENT
ORDER, BEEN SUBJECT TO A FORMAL DISCIPLINARY ACTION AS A RESULT OF THE FIRM'S INTERNAL DISCIPLINARY REVIEW OR PERFORMANCE REVIEW
IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER AND SEPARATED FROM THE FIRM OR ANY SUBSIDIARY THEREOF OR HAD HIS
OR HER EMPLOYMENT TERMINATED IN CONNECTION WITH THE CONDUCT DESCRIBED IN THE CONSENT ORDER; AND (D) THE FIRM PAID A CIVIL
MONETARY PENALTY IN THE AMOUNT OF $54,750,000 ON MAY 2, 2018.regulatory · block 95GOLDMAN SACHS INTERNATIONALPDF pages 835–836
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FRANKFURT STOCK EXCHANGE
- Monetary/Fine Amount — filed text
- $ 3,344.70
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019.
Other filed details
Description of allegations — filed text
A BREACH OF ORGANIZATIONAL DUTIES BY FORWARDING UNFLAGGED ORDERS TRANSMITTED BY ONE OF OUR CUSTOMERS VIA DIRECT ELECTRONIC ACCESS TO THE XETRA TRADING PLATFORM OF THE FRANKFURT STOCK EXCHANGE. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 3 (1) OF THE CONDITIONS FOR BUSINESS TRANSACTIONS. A FURTHER BREACH OF THE ORGANIZATIONAL DUTIES OF THE PARTY AS THE INDIRECT TRADING PARTICIPANT WERE NOT AWARE OF THE FWB'S CROSS-TRADE RULES SHOWS THAT THE PARTY DID NOT INFORM OR ONLY INADEQUATELY INFORMED ITS CUSTOMER OF THE FWB'S STOCK EXCHANGE RULES. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 37 (3) OF THE EXCHANGE RULES FOR THE FRANKFURTER WERTPAPIERBÖRSE.
Sanction detail — filed text
THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 EUR: 1.1149 USD AS OF MAY 31, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 3,344.70 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS INTERNATIONAL (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FRANKFURT STOCK EXCHANGE 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 11/05/2018 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: H 9-2018 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Equity Listed (Common & Preferred Stock) Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): A BREACH OF ORGANIZATIONAL DUTIES BY FORWARDING UNFLAGGED ORDERS TRANSMITTED BY ONE OF OUR CUSTOMERS VIA DIRECT ELECTRONIC ACCESS TO THE XETRA TRADING PLATFORM OF THE FRANKFURT STOCK EXCHANGE. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 3 (1) OF THE CONDITIONS FOR BUSINESS TRANSACTIONS. A FURTHER BREACH OF THE ORGANIZATIONAL DUTIES OF THE PARTY AS THE INDIRECT TRADING PARTICIPANT WERE NOT AWARE OF THE FWB'S CROSS-TRADE RULES SHOWS THAT THE PARTY DID NOT INFORM OR ONLY INADEQUATELY INFORMED ITS CUSTOMER OF THE FWB'S STOCK EXCHANGE RULES. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 37 (3) OF THE EXCHANGE RULES FOR THE FRANKFURTER WERTPAPIERBÖRSE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 05/31/2019 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 3,344.70 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 EUR: 1.1149 USD AS OF MAY 31, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 3,344.70 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019.
regulatory · block 96GOLDMAN SACHS INTERNATIONALPDF pages 837–838
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA
- Monetary/Fine Amount — filed text
- $ 6,654,607.36
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 7,504,800,000 SOUTH KOREAN WON (KRW), WHICH WAS PAID BY GSI BY WIRE ON DECEMBER 18, 2018.
Other filed details
Description of allegations — filed text
THE FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA ("FSC") HAS IMPOSED AN ADMINISTRATIVE FINE ON GOLDMAN SACHS INTERNATIONAL ("GSI") FOR VIOLATION OF CERTAIN SHORT SALE RESTRICTIONS AS SET OUT IN ARTICLES 180(1) AND 180-2(1) OF THE FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT (THE "ACT") WITH RESPECT TO CERTAIN OF GSI'S SHORT SALE ORDERS AND SHORT POSITION REPORTS. THE FINE WAS IMPOSED PURSUANT TO ARTICLE 449 OF THE ACT, ARTICLE 390 OF THE ENFORCEMENT DECREE OF THE ACT, ARTICLES 26 AND 48 OF THE REGULATION ON INVESTIGATION OF CAPITAL MARKETS, AND ARTICLE 20 OF THE REGULATION ON EXAMINATION AND SANCTIONS AGAINST FINANCIAL INSTITUTIONS.
Sanction detail — filed text
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 7,504,800,000 SOUTH KOREAN WON (KRW), WHICH WAS PAID BY GSI BY WIRE ON DECEMBER 18, 2018. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SOUTH KOREAN WON, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF KRW1127.81:USD1 AS OF DECEMBER 18, 2018, THE EQUIVALENT U.S. DOLLAR VALUE ON DECEMBER 18, 2018 WAS APPROXIMATELY $6,654,607.36, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/10/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA ("FSC") HAS IMPOSED AN ADMINISTRATIVE FINE ON GOLDMAN SACHS
INTERNATIONAL ("GSI") FOR VIOLATION OF CERTAIN SHORT SALE RESTRICTIONS AS SET OUT IN ARTICLES 180(1) AND 180-2(1) OF THE FINANCIAL
INVESTMENT SERVICES AND CAPITAL MARKETS ACT (THE "ACT") WITH RESPECT TO CERTAIN OF GSI'S SHORT SALE ORDERS AND SHORT POSITION
REPORTS. THE FINE WAS IMPOSED PURSUANT TO ARTICLE 449 OF THE ACT, ARTICLE 390 OF THE ENFORCEMENT DECREE OF THE ACT, ARTICLES 26
AND 48 OF THE REGULATION ON INVESTIGATION OF CAPITAL MARKETS, AND ARTICLE 20 OF THE REGULATION ON EXAMINATION AND SANCTIONS
AGAINST FINANCIAL INSTITUTIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/10/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,654,607.36
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 7,504,800,000 SOUTH KOREAN WON (KRW), WHICH WAS PAID BY GSI BY WIRE ON
DECEMBER 18, 2018. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SOUTH KOREAN WON, USING THE FEDERAL RESERVE'S FOREIGN
EXCHANGE RATE OF KRW1127.81:USD1 AS OF DECEMBER 18, 2018, THE EQUIVALENT U.S. DOLLAR VALUE ON DECEMBER 18, 2018 WAS
APPROXIMATELY $6,654,607.36, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 7,504,800,000 SOUTH KOREAN WON (KRW), WHICH WAS PAID BY GSI BY WIRE ON DECEMBER
18, 2018.regulatory · block 97PDF pages 838–840
- Regulator name — filed text
- NYSE ARCA, INC.
- Monetary/Fine Amount — filed text
- $ 3,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
FINRA IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $3,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON MARCH 19, 2019.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ON BEHALF OF NYSE REGULATION ALLEGED THAT GOLDMAN SACHS EXECUTION AND CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH SECTION 15(C)(3) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 15C3-5 THEREUNDER IN ALLEGED VIOLATION OF NYSE ARCA EQUITIES RULE 6.18. ON JUNE 12, 2017, GSEC AND THE FIRM CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
Sanction detail — filed text
FINRA IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $3,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON MARCH 19, 2019.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE ARCA, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/04/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20140406430
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") DEPARTMENT OF ENFORCEMENT ON BEHALF OF NYSE REGULATION ALLEGED THAT
GOLDMAN SACHS EXECUTION AND CLEARING, L.P. ("GSEC"), A FORMER AFFILIATE OF GOLDMAN SACHS & CO. LLC (THE "FIRM") FAILED TO ESTABLISH
AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH SECTION 15(C)(3) OF THE SECURITIES EXCHANGE ACT
OF 1934 AND RULE 15C3-5 THEREUNDER IN ALLEGED VIOLATION OF NYSE ARCA EQUITIES RULE 6.18. ON JUNE 12, 2017, GSEC AND THE FIRM
CONSUMMATED A MERGER OF GSEC WITH AND INTO THE FIRM (THE "MERGER"), WITH THE FIRM SURVIVING THE MERGER AND ASSUMING ANY
REMAINING GSEC ASSETS, LIABILITIES AND OPERATIONS. ON JUNE 13, 2017, GSEC FILED A UNIFORM REQUEST WITHDRAWAL FROM BROKER-DEALER
REGISTRATION (FORM BDW) WITH THE SECURITIES AND EXCHANGE COMMISSION, WHICH BECAME EFFECTIVE ON AUGUST 11, 2017.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/04/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
FINRA IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $3,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON MARCH
19, 2019.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
FINRA IMPOSED A FINE FOR MINOR RULE VIOLATIONS IN THE AMOUNT OF $3,500, WHICH WAS PAID BY THE SUBMISSION OF A WIRE ON MARCH 19,
2019.regulatory · block 98GOLDMAN SACHS INDIA INVESTMENTS (SINGAPORE) PTE. LTD.PDF pages 840–842
- Advisory affiliate name — filed text
- GOLDMAN SACHS INDIA INVESTMENTS (SINGAPORE) PTE. LTD.
- Regulator name — filed text
- FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA
- Monetary/Fine Amount — filed text
- $ 63,615.48
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 72,000,000 SOUTH KOREAN WON ("KRW"), WHICH WAS PAID BY KRPL BY WIRE ON APRIL 2, 2019.
Other filed details
Description of allegations — filed text
THE FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA ("FSC") HAS IMPOSED AN ADMINISTRATIVE FINE ON GOLDMAN SACHS INDIA INVESTMENTS (SINGAPORE) PTE. LTD. ("KRPL") FOR VIOLATION OF CERTAIN SHORT SALE RESTRICTIONS AS SET OUT IN ARTICLE 180(1) OF THE FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT (THE "ACT") WITH RESPECT TO CERTAIN OF KRPL'S SHORT SALE ORDERS ON OCTOBER 31, 2017 AND JANUARY 9, 2018. THE FINE WAS IMPOSED PURSUANT TO ARTICLE 449 OF THE ACT, ARTICLE 390 OF THE ENFORCEMENT DECREE OF THE ACT, AND ARTICLES 26 AND 48 OF THE REGULATION ON SANCTIONS AGAINST FINANCIAL INSTITUTIONS.
Sanction detail — filed text
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 72,000,000 SOUTH KOREAN WON ("KRW"), WHICH WAS PAID BY WIRE ON APRIL 2, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SOUTH KOREAN WON, THE EQUIVALENT U.S. DOLLAR VALUE ON THE DATE OF THE WIRE WAS $63,615.48, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS INDIA
INVESTMENTS (SINGAPORE)
PTE. LTD.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/07/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FINANCIAL SERVICES COMMISSION OF THE REPUBLIC OF KOREA ("FSC") HAS IMPOSED AN ADMINISTRATIVE FINE ON GOLDMAN SACHS INDIA
INVESTMENTS (SINGAPORE) PTE. LTD. ("KRPL") FOR VIOLATION OF CERTAIN SHORT SALE RESTRICTIONS AS SET OUT IN ARTICLE 180(1) OF THE
FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT (THE "ACT") WITH RESPECT TO CERTAIN OF KRPL'S SHORT SALE ORDERS ON OCTOBER
31, 2017 AND JANUARY 9, 2018. THE FINE WAS IMPOSED PURSUANT TO ARTICLE 449 OF THE ACT, ARTICLE 390 OF THE ENFORCEMENT DECREE OF THE
ACT, AND ARTICLES 26 AND 48 OF THE REGULATION ON SANCTIONS AGAINST FINANCIAL INSTITUTIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/02/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 63,615.48
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 72,000,000 SOUTH KOREAN WON ("KRW"), WHICH WAS PAID BY WIRE ON APRIL 2,
2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SOUTH KOREAN WON, THE EQUIVALENT U.S. DOLLAR VALUE ON THE DATE OF THE
WIRE WAS $63,615.48, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY THE FSC WAS IN THE AMOUNT OF 72,000,000 SOUTH KOREAN WON ("KRW"), WHICH WAS PAID BY KRPL BY WIRE ON APRIL 2,
2019.regulatory · block 99GOLDMAN SACHS INTERNATIONALPDF pages 842–844
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FRANKFURTER WERTPAPIERBÖRSE (FWB)
- Monetary/Fine Amount — filed text
- $ 3,344.70
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019.
Other filed details
Description of allegations — filed text
A BREACH OF ORGANIZATIONAL DUTIES BY FORWARDING UNFLAGGED ORDERS TRANSMITTED BY ONE OF OUR CUSTOMERS VIA DIRECT ELECTRONIC ACCESS TO THE XETRA TRADING PLATFORM OF THE FRANKFURT STOCK EXCHANGE. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 3 (1) OF THE CONDITIONS FOR BUSINESS TRANSACTIONS. A FURTHER BREACH OF THE ORGANIZATIONAL DUTIES OF THE PARTY AS THE INDIRECT TRADING PARTICIPANT WERE NOT AWARE OF THE FWB'S CROSS-TRADE RULES SHOWS THAT THE PARTY DID NOT INFORM OR ONLY INADEQUATELY INFORMED ITS CUSTOMER OF THE FWB'S STOCK EXCHANGE RULES. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 37 (3) OF THE EXCHANGE RULES FOR THE FRANKFURTER WERTPAPIERBÖRSE.
Sanction detail — filed text
THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 EUR: 1.1149 USD AS OF MAY 31, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 3,344.70 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: GOLDMAN SACHS INTERNATIONAL (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FRANKFURTER WERTPAPIERBÖRSE (FWB) 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 03/14/2019 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: H 9-2018 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Equity Listed (Common & Preferred Stock) Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): A BREACH OF ORGANIZATIONAL DUTIES BY FORWARDING UNFLAGGED ORDERS TRANSMITTED BY ONE OF OUR CUSTOMERS VIA DIRECT ELECTRONIC ACCESS TO THE XETRA TRADING PLATFORM OF THE FRANKFURT STOCK EXCHANGE. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 3 (1) OF THE CONDITIONS FOR BUSINESS TRANSACTIONS. A FURTHER BREACH OF THE ORGANIZATIONAL DUTIES OF THE PARTY AS THE INDIRECT TRADING PARTICIPANT WERE NOT AWARE OF THE FWB'S CROSS-TRADE RULES SHOWS THAT THE PARTY DID NOT INFORM OR ONLY INADEQUATELY INFORMED ITS CUSTOMER OF THE FWB'S STOCK EXCHANGE RULES. THIS IS SPECIFICALLY IN REFERENCE TO SECTION 37 (3) OF THE EXCHANGE RULES FOR THE FRANKFURTER WERTPAPIERBÖRSE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 05/31/2019 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 3,344.70 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUROS (EUR), WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN EUROS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 EUR: 1.1149 USD AS OF MAY 31, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 3,344.70 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THE FINE IMPOSED BY FWB WAS IN THE AMOUNT OF 3,000 EUR, WHICH WAS PAID BY GSI BY WIRE ON MAY 31, 2019.
regulatory · block 100GOLDMAN SACHS INTERNATIONALPDF pages 844–847
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FINANCIAL CONDUCT AUTHORITY (FCA)
- Monetary/Fine Amount — filed text
- $ 44,768,316.40
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE FINE IMPOSED BY THE FINANCIAL CONDUCT AUTHORITY WAS IN THE AMOUNT OF £49,063,900. HOWEVER, GOLDMAN SACHS INTERNATIONAL AGREED TO RESOLVE THE CASE AND THEREFORE QUALIFIED FOR A 30% DISCOUNT IN THE OVERALL PENALTY REDUCING THE FINE TO £34,344,700. THE FINE WAS PAID BY WIRE ON APRIL 2, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN POUND STERLING, THE EQUIVALENT U.S. DOLLAR VALUE ON THE DATE OF THE WIRE WAS $44,768,316.4, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE. DRP Pages
Other filed details
Description of allegations — filed text
THE FCA HAS IMPOSED A FINANCIAL PENALTY OF £34,344,700 ON GOLDMAN SACHS INTERNATIONAL ("GSI") FOR FAILURE TO PROVIDE ACCURATE AND TIMELY INFORMATION IN RELATION TO CERTAIN REPORTABLE TRANSACTIONS TO THE FINANCIAL CONDUCT AUTHORITY ("FCA") IN ALLEGED VIOLATION OF SUP 17.4.1EU, SUP 17.1.4R AND SUP 15.6.1R. GSI ALSO FAILED TO TAKE REASONABLE CARE TO ORGANISE AND CONTROL ITS AFFAIRS RESPONSIBLY AND EFFECTIVELY IN RESPECT OF ITS TRANSACTION REPORTING IN ALLEGED VIOLATION OF PRINCIPLE 3 OF THE FCA'S PRINCIPLES FOR BUSINESSES. THE FINE WAS IMPOSED PURSUANT TO SECTION 206 OF THE FINANCIAL SERVICES AND MARKETS ACT 2000.
Sanction detail — filed text
THE FINE IMPOSED BY THE FINANCIAL CONDUCT AUTHORITY WAS IN THE AMOUNT OF £49,063,900. HOWEVER, GOLDMAN SACHS INTERNATIONAL AGREED TO RESOLVE THE CASE AND THEREFORE QUALIFIED FOR A 30% DISCOUNT IN THE OVERALL PENALTY REDUCING THE FINE TO £34,344,700. THE FINE WAS PAID BY WIRE ON APRIL 2, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN POUND STERLING, THE EQUIVALENT U.S. DOLLAR VALUE ON THE DATE OF THE WIRE WAS $44,768,316.4, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL CONDUCT AUTHORITY (FCA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/28/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
142888
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
EQUITY, FIXED INCOME
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE FCA HAS IMPOSED A FINANCIAL PENALTY OF £34,344,700 ON GOLDMAN SACHS INTERNATIONAL ("GSI") FOR FAILURE TO PROVIDE ACCURATE AND
TIMELY INFORMATION IN RELATION TO CERTAIN REPORTABLE TRANSACTIONS TO THE FINANCIAL CONDUCT AUTHORITY ("FCA") IN ALLEGED VIOLATION
OF SUP 17.4.1EU, SUP 17.1.4R AND SUP 15.6.1R. GSI ALSO FAILED TO TAKE REASONABLE CARE TO ORGANISE AND CONTROL ITS AFFAIRS
RESPONSIBLY AND EFFECTIVELY IN RESPECT OF ITS TRANSACTION REPORTING IN ALLEGED VIOLATION OF PRINCIPLE 3 OF THE FCA'S PRINCIPLES FOR
BUSINESSES. THE FINE WAS IMPOSED PURSUANT TO SECTION 206 OF THE FINANCIAL SERVICES AND MARKETS ACT 2000.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
03/28/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 44,768,316.40
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY THE FINANCIAL CONDUCT AUTHORITY WAS IN THE AMOUNT OF £49,063,900. HOWEVER, GOLDMAN SACHS INTERNATIONAL
AGREED TO RESOLVE THE CASE AND THEREFORE QUALIFIED FOR A 30% DISCOUNT IN THE OVERALL PENALTY REDUCING THE FINE TO
£34,344,700. THE FINE WAS PAID BY WIRE ON APRIL 2, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN POUND STERLING, THE
EQUIVALENT U.S. DOLLAR VALUE ON THE DATE OF THE WIRE WAS $44,768,316.4, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY THE FINANCIAL CONDUCT AUTHORITY WAS IN THE AMOUNT OF £49,063,900. HOWEVER, GOLDMAN SACHS INTERNATIONAL
AGREED TO RESOLVE THE CASE AND THEREFORE QUALIFIED FOR A 30% DISCOUNT IN THE OVERALL PENALTY REDUCING THE FINE TO £34,344,700.
THE FINE WAS PAID BY WIRE ON APRIL 2, 2019. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN POUND STERLING, THE EQUIVALENT U.S.
DOLLAR VALUE ON THE DATE OF THE WIRE WAS $44,768,316.4, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
DRP Pagesregulatory · block 1PDF pages 847–848
- Regulator name — filed text
- ICE FUTURES EUROPE
- Monetary/Fine Amount — filed text
- $ 153,912.50
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE EXCHANGE'S ASSERTIONS WERE REFERRED TO THE AUTHORISATION, RULES AND CONDUCT (ARC) COMMITTEE. WITHOUT ADMITTING OR DENYING THE ASSERTIONS, GSCO ENTERED A SETTLEMENT AGREEMENT WITH THE EXCHANGE. ON OCTOBER 4, 2019, THE EXCHANGE ISSUED A DISCIPLINARY NOTICE: SETTLEMENT OF DISCIPLINARY PROCEEDINGS AGAINST GSCO, CONFIRMING THE TERMS OF THE SETTLEMENT WERE 1) ON THE OCCASION DESCRIBED, GSCO HAD NOT ACTED IN COMPLIANCE WITH THE EXCHANGE'S RULES, SPECIFICALLY RULES A.11.1(D), E.2.2(A)(XIII) AND (XIV), AND G.20., AND 2) GSCO PAID A TOTAL SETTLEMENT AMOUNT OF £125,000, INCLUSIVE OF A DISCRETIONARY 1/3 DISCOUNT FROM £187,500. GSCO PAID THE £125,000 BY SUBMISSION OF A WIRE ON OCTOBER 2, 2019.
Other filed details
Description of allegations — filed text
THE ICE FUTURES EUROPE ("THE EXCHANGE") CONDUCTED AN INVESTIGATION OF THE FIRM'S PRE- AND POST-TRADE CONTROLS. AS A RESULT OF ITS FINDINGS IN THE INVESTIGATION, THE EXCHANGE ALLEGES THAT THE TIMING AND NATURE OF CERTAIN ORDERS WAS MANIPULATIVE, VIOLATING EXCHANGE RULES A.11.1 (D), E.2.1(B), E.2.2 (A)(VI), (XIII) AND (XIV), E.2.2A AND G.20.
Sanction detail — filed text
GSCO PAID A TOTAL SETTLEMENT AMOUNT OF £125,000, INCLUSIVE OF A DISCRETIONARY 1/3 DISCOUNT FROM £187,500. GSCO PAID THE £125,000 BY SUBMISSION OF A WIRE ON OCTOBER 2, 2019. WHILE THE ACTUAL PAYMENT WAS MADE IN POUNDS, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 POUND: 1.2313 USD AS OF OCTOBER 2, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 153,912.50 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES EUROPE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/14/2019
Exact
Explanation
p
If not exact, provide explanation:
4.
Docket/Case Number:
4140
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE ICE FUTURES EUROPE ("THE EXCHANGE") CONDUCTED AN INVESTIGATION OF THE FIRM'S PRE- AND POST-TRADE CONTROLS. AS A RESULT OF ITS
FINDINGS IN THE INVESTIGATION, THE EXCHANGE ALLEGES THAT THE TIMING AND NATURE OF CERTAIN ORDERS WAS MANIPULATIVE, VIOLATING
EXCHANGE RULES A.11.1 (D), E.2.1(B), E.2.2 (A)(VI), (XIII) AND (XIV), E.2.2A AND G.20.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
10/02/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 153,912.50
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSCO PAID A TOTAL SETTLEMENT AMOUNT OF £125,000, INCLUSIVE OF A DISCRETIONARY 1/3 DISCOUNT FROM £187,500. GSCO PAID THE
£125,000 BY SUBMISSION OF A WIRE ON OCTOBER 2, 2019. WHILE THE ACTUAL PAYMENT WAS MADE IN POUNDS, USING THE FEDERAL
RESERVE'S FOREIGN EXCHANGE RATE OF 1 POUND: 1.2313 USD AS OF OCTOBER 2, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS
APPROXIMATELY 153,912.50 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE EXCHANGE'S ASSERTIONS WERE REFERRED TO THE AUTHORISATION, RULES AND CONDUCT (ARC) COMMITTEE. WITHOUT ADMITTING OR DENYING
THE ASSERTIONS, GSCO ENTERED A SETTLEMENT AGREEMENT WITH THE EXCHANGE. ON OCTOBER 4, 2019, THE EXCHANGE ISSUED A DISCIPLINARY
NOTICE: SETTLEMENT OF DISCIPLINARY PROCEEDINGS AGAINST GSCO, CONFIRMING THE TERMS OF THE SETTLEMENT WERE 1) ON THE OCCASION
DESCRIBED, GSCO HAD NOT ACTED IN COMPLIANCE WITH THE EXCHANGE'S RULES, SPECIFICALLY RULES A.11.1(D), E.2.2(A)(XIII) AND (XIV), AND
G.20., AND 2) GSCO PAID A TOTAL SETTLEMENT AMOUNT OF £125,000, INCLUSIVE OF A DISCRETIONARY 1/3 DISCOUNT FROM £187,500. GSCO PAID
THE £125,000 BY SUBMISSION OF A WIRE ON OCTOBER 2, 2019.regulatory · block 2GOLDMAN SACHS INTERNATIONALPDF pages 848–850
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- THE PORTUGUESE SECURITIES MARKET COMMISSION (CMVM)
- How was matter resolved — filed text
- Dismissed
Action status / disposition — filed text
THE CMVM NOTIFIED GSI THAT IT WAS PROPOSING TO IMPOSE A FINE IN THE AMOUNT OF EURO 50,000 (WITH AN ADDITIONAL EURO 50,000 SUSPENDED FOR 2 YEARS). GSI CONTESTED THE FINE. ON JUNE 2, 2020, THE CMVM CLOSED THEIR INVESTIGATION INTO GSI WITHOUT ISSUING ANY FORMAL CHARGES FOR ANY VIOLATIONS OF THE PORTUGUESE SECURITIES CODE.
Other filed details
Description of allegations — filed text
THE PORTUGUESE SECURITIES MARKET COMMISSION ("CMVM") HAS ALLEGED THAT GOLDMAN SACHS INTERNATIONAL ("GSI")WILLFULLY VIOLATED ITS DUTY TO PROTECT THE MARKET IN ALLEGED VIOLATION OF ARTICLES 311 AND 407 OF THE PORTUGUESE SECURITIES CODE. ON JUNE 2, 2020, THE CMVM CLOSED THEIR INVESTIGATION INTO GSI WITHOUT ISSUING ANY FORMAL CHARGES FOR ANY VIOLATIONS OF THE PORTUGUESE SECURITIES CODE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE PORTUGUESE SECURITIES MARKET COMMISSION (CMVM)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/12/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
SUMMARY PROCEEDING NO. 06/2016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE PORTUGUESE SECURITIES MARKET COMMISSION ("CMVM") HAS ALLEGED THAT GOLDMAN SACHS INTERNATIONAL ("GSI")WILLFULLY VIOLATED ITS
DUTY TO PROTECT THE MARKET IN ALLEGED VIOLATION OF ARTICLES 311 AND 407 OF THE PORTUGUESE SECURITIES CODE. ON JUNE 2, 2020, THE
CMVM CLOSED THEIR INVESTIGATION INTO GSI WITHOUT ISSUING ANY FORMAL CHARGES FOR ANY VIOLATIONS OF THE PORTUGUESE SECURITIES
CODE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Dismissed
11. Resolution Date (MM/DD/YYYY):
06/02/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CMVM NOTIFIED GSI THAT IT WAS PROPOSING TO IMPOSE A FINE IN THE AMOUNT OF EURO 50,000 (WITH AN ADDITIONAL EURO 50,000
SUSPENDED FOR 2 YEARS). GSI CONTESTED THE FINE. ON JUNE 2, 2020, THE CMVM CLOSED THEIR INVESTIGATION INTO GSI WITHOUT ISSUING ANY
FORMAL CHARGES FOR ANY VIOLATIONS OF THE PORTUGUESE SECURITIES CODE.regulatory · block 3GOLDMAN SACHS INTERNATIONALPDF pages 850–852
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG
- Monetary/Fine Amount — filed text
- $ 1,710.50
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE AKK IMPOSED A FINE ON GSI IN THE AMOUNT OF HUF 500,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 1, 2019.
Other filed details
Description of allegations — filed text
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE FIRST HALF OF THE CALENDAR YEAR 2019, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
Sanction detail — filed text
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE FIRST HALF OF THE CALENDAR YEAR 2019, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/02/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Government
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE FIRST HALF OF THE CALENDAR YEAR
2019, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY
CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/01/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,710.50
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE FIRST HALF OF THE CALENDAR
YEAR 2019, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE
AGENCY CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE AKK IMPOSED A FINE ON GSI IN THE AMOUNT OF HUF 500,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 1, 2019.regulatory · block 4PDF pages 852–854
- Regulator name — filed text
- ICE FUTURES US, INC.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2019.
Other filed details
Description of allegations — filed text
THE MARKET REGULATION DEPARTMENT OF ICE FUTURES U.S., INC. ("ICE") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("THE FIRM") VIOLATED ICE RULE 2.22 BY REPORTING INACCURATE OPEN INTEREST FOR THE SEPTEMBER 2019 FCOJ-A FUTURES CONTRACT FOR THE TRADE DATES OF AUGUST 29, 2019, AUGUST 30, 2019 AND SEPTEMBER 2, 2019. ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2019.
Sanction detail — filed text
ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2019.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES US, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/10/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019-032
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE MARKET REGULATION DEPARTMENT OF ICE FUTURES U.S., INC. ("ICE") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("THE FIRM") VIOLATED ICE
RULE 2.22 BY REPORTING INACCURATE OPEN INTEREST FOR THE SEPTEMBER 2019 FCOJ-A FUTURES CONTRACT FOR THE TRADE DATES OF AUGUST 29,
2019, AUGUST 30, 2019 AND SEPTEMBER 2, 2019. ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION
OF A WIRE ON SEPTEMBER 18, 2019.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
09/18/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2019.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE IMPOSED A FINE ON THE FIRM IN THE AMOUNT OF $10,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON SEPTEMBER 18, 2019.regulatory · block 5GOLDMAN SACHS GROUP, INC.PDF pages 854–856
- Advisory affiliate name — filed text
- GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
- Monetary/Fine Amount — filed text
- $ 7,430.13
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
GS GROUP PAID THE FINE OF 70,000 SEK ON DECEMBER 19, 2019 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK, BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD: 9.4211 SEK AS OF DECEMBER 19, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 7,430.13 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 20, 2019 THE SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - "SFSA") IMPOSED AN ADMINISTRATIVE FINE ON GOLDMAN SACHS GROUP, INC. ("GS GROUP") IN THE AMOUNT OF 70,000 SWEDISH KRONA (SEK) (APPROXIMATELY USD 7,200). SFSA ALLEGES A VIOLATION BY GS GROUP OF CHAPTER 6, SECTION 3 A, SUBSECTION 1 OF THE FINANCIAL INSTRUMENTS TRADING ACT DUE TO A DELAY IN NOTIFYING A RELEVANT CHANGE IN GS GROUP'S HOLDING OF SHARES AND OTHER FINANCIAL INSTRUMENTS IN FINGERPRINT CARDS AB.
Sanction detail — filed text
GS GROUP PAID THE FINE OF 70,000 SEK ON DECEMBER 19, 2019 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK, BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD: 9.4211 SEK AS OF DECEMBER 19, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 7,430.13 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS GROUP, INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/20/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 20, 2019 THE SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - "SFSA") IMPOSED AN ADMINISTRATIVE FINE ON
GOLDMAN SACHS GROUP, INC. ("GS GROUP") IN THE AMOUNT OF 70,000 SWEDISH KRONA (SEK) (APPROXIMATELY USD 7,200). SFSA ALLEGES A
VIOLATION BY GS GROUP OF CHAPTER 6, SECTION 3 A, SUBSECTION 1 OF THE FINANCIAL INSTRUMENTS TRADING ACT DUE TO A DELAY IN NOTIFYING A
RELEVANT CHANGE IN GS GROUP'S HOLDING OF SHARES AND OTHER FINANCIAL INSTRUMENTS IN FINGERPRINT CARDS AB.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
12/19/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,430.13
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GS GROUP PAID THE FINE OF 70,000 SEK ON DECEMBER 19, 2019 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE
IN SEK, BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD: 9.4211 SEK AS OF DECEMBER 19, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS
APPROXIMATELY 7,430.13 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS GROUP PAID THE FINE OF 70,000 SEK ON DECEMBER 19, 2019 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK,
BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD: 9.4211 SEK AS OF DECEMBER 19, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS
APPROXIMATELY 7,430.13 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.regulatory · block 6GOLDMAN SACHS AUSTRALIA PTY LTDPDF pages 856–858
- Advisory affiliate name — filed text
- GOLDMAN SACHS AUSTRALIA PTY LTD
- Regulator name — filed text
- AUSTRALIA SECURITIES EXCHANGE (ASX)
- Monetary/Fine Amount — filed text
- $ 34,189.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THE FINE IMPOSED BY ASX WAS IN THE AMOUNT OF 50,000 AUD, WHICH WAS PAID BY GSA BY WIRE ON DECEMBER 10, 2019. ASX INTENDS TO PUBLISH A PUBLIC NOTICE ON 16 DECEMBER, 2019 CONCERNING THE CONTRAVENTION.
Other filed details
Description of allegations — filed text
ON NOVEMBER 13, 2019, THE AUSTRALIA SECURITIES EXCHANGE ("ASX") IMPOSED A FINE ON GOLDMAN SACHS AUSTRALIA PTY LTD ("GSA") IN THE AMOUNT OF 50,000 AUSTRALIAN DOLLARS (AUD). ASX CITED VIOLATIONS OF ASX CLEAR (FUTURES) OPERATING RULE 46.1 AND RULE 46.5 IN RELATION TO FUTURES CLEARING AND THE DAILY CLOSE OUT OF BACK-TO-BACK FUTURES POSITIONS, IN PARTICULAR FOR PHYSICALLY SETTLED BANK BILLS FUTURES CONTRACTS.
Sanction detail — filed text
ACKNOWLEDGING THAT, AMONG OTHER MATTERS, THE FIRM HAS UNDERTAKEN MEANINGFUL REMEDIATION AND AN EARLY DECISION BY THE FIRM NOT TO CONTEST THE MATTER, THE FIRM PAID A PENALTY OF 50,000 AUD (PLUS GOODS AND SERVICES TAX) ON DECEMBER 10, 2019 TO THE ASX FOR THE CONTRAVENTION. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN AUD, BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD: 1.4625 AUD AS OF DECEMBER 9, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 34,189 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE. ASX INTENDS TO PUBLISH A PUBLIC NOTICE ON 16 DECEMBER, 2019 CONCERNING THE CONTRAVENTION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS AUSTRALIA
PTY LTD
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AUSTRALIA SECURITIES EXCHANGE (ASX)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/13/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 13, 2019, THE AUSTRALIA SECURITIES EXCHANGE ("ASX") IMPOSED A FINE ON GOLDMAN SACHS AUSTRALIA PTY LTD ("GSA") IN THE
AMOUNT OF 50,000 AUSTRALIAN DOLLARS (AUD). ASX CITED VIOLATIONS OF ASX CLEAR (FUTURES) OPERATING RULE 46.1 AND RULE 46.5 IN RELATION
TO FUTURES CLEARING AND THE DAILY CLOSE OUT OF BACK-TO-BACK FUTURES POSITIONS, IN PARTICULAR FOR PHYSICALLY SETTLED BANK BILLS
FUTURES CONTRACTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
12/10/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 34,189.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ACKNOWLEDGING THAT, AMONG OTHER MATTERS, THE FIRM HAS UNDERTAKEN MEANINGFUL REMEDIATION AND AN EARLY DECISION BY THE FIRM
NOT TO CONTEST THE MATTER, THE FIRM PAID A PENALTY OF 50,000 AUD (PLUS GOODS AND SERVICES TAX) ON DECEMBER 10, 2019 TO THE ASX
FOR THE CONTRAVENTION. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN AUD, BASED ON THE FOREIGN EXCHANGE RATE OF 1 USD:
1.4625 AUD AS OF DECEMBER 9, 2019, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 34,189 USD, WHICH AMOUNT IS REFLECTED
IN ITEM 12.A. ABOVE. ASX INTENDS TO PUBLISH A PUBLIC NOTICE ON 16 DECEMBER, 2019 CONCERNING THE CONTRAVENTION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY ASX WAS IN THE AMOUNT OF 50,000 AUD, WHICH WAS PAID BY GSA BY WIRE ON DECEMBER 10, 2019. ASX INTENDS TO
PUBLISH A PUBLIC NOTICE ON 16 DECEMBER, 2019 CONCERNING THE CONTRAVENTION.regulatory · block 7GOLDMAN SACHS INTERNATIONALPDF pages 858–859
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- EUREX DEUTSCHLAND
- Monetary/Fine Amount — filed text
- $ 1,683.50
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GSI RESPONDED TO EUREX DEUTSCHLAND ON 2 DECEMBER 2019 SETTING OUT THE FIRM'S POSITION THAT (A) THE TRADE IN QUESTION, WHICH HAD A LEGITIMATE ECONOMIC RATIONALE, WAS INTENDED TO HAPPEN OFF-EXCHANGE USING INTERNAL FLATTENING CONTROLS BUT INSTEAD WAS INADVERTENTLY ROUTED ONTO THE EXCHANGE, (B) THE NAMED SALES TRADER HAD NO INVOLVEMENT IN THE DECISION TO FLATTEN THE TWO POSITIONS INTERNALLY THAT RESULTED IN THE ON-EXCHANGE TRADE AND SO SHOULD BE REMOVED FROM THE SCOPE OF THE PROCEEDINGS, AND (C) THE TRADE DID NOT HAVE ANY MATERIAL IMPACT ON THE MARKET GIVEN THAT THE PRICE OF THE PRODUCT IN QUESTION MOVED BY ONLY EUR 0.01 IN THE MINUTE WHEN THE TRANSACTION TOOK PLACE (A MOVE OF JUST 0.00558%). ON APRIL 23, 2020, EUREX DEUTSCHLAND ISSUED A REPRIMAND AGAINST GSI AND REQUIRED GSI TO BEAR THE COST OF THE REGULATORY PROCEEDING FOR THE AMOUNT OF EUR 2,000 (APPROXIMATELY USD 1683.50). GSI PAID THE EUR 2,000 ON SEPTEMBER 10, 2020.
Other filed details
Description of allegations — filed text
EUREX DEUTSCHLAND INITIATED A SANCTION PROCEEDING AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") AND A GSI SALES TRADER ON 7 NOVEMBER 2019 IN RELATION TO A CROSS TRADE IN THE EUREX PRODUCT EURO BUND FUTURE. EUREX DEUTSCHLAND ALLEGED THE CROSS TRADE WAS IN VIOLATION OF PARAGRAPH 2.6 OF THE CONDITIONS FOR TRADING AT EUREX DEUTSCHLAND.
Sanction detail — filed text
ON APRIL 23, 2020, EUREX DEUTSCHLAND ISSUED A REPRIMAND AGAINST GSI AND REQUIRED GSI TO BEAR THE COST OF THE REGULATORY PROCEEDING FOR THE AMOUNT OF EUR 2,000. GSI PAID THE EUR 2,000 ON SEPTEMBER 10, 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
EUREX DEUTSCHLAND
2.
Principal Sanction:
Reprimand
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/07/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
A 2019/31
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
EUREX DEUTSCHLAND INITIATED A SANCTION PROCEEDING AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") AND A GSI SALES TRADER ON 7
NOVEMBER 2019 IN RELATION TO A CROSS TRADE IN THE EUREX PRODUCT EURO BUND FUTURE. EUREX DEUTSCHLAND ALLEGED THE CROSS TRADE
WAS IN VIOLATION OF PARAGRAPH 2.6 OF THE CONDITIONS FOR TRADING AT EUREX DEUTSCHLAND.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/23/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,683.50
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
EUREX DEUTSCHLAND ISSUED A REPRIMAND AGAINST GSI AND REQUIRED GSI TO BEAR THE COST OF THE REGULATORY PROCEEDING FOR THE
AMOUNT OF EUR 2,000.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON APRIL 23, 2020, EUREX DEUTSCHLAND ISSUED A REPRIMAND AGAINST GSI AND REQUIRED GSI TO BEAR THE COST OF THE REGULATORY
PROCEEDING FOR THE AMOUNT OF EUR 2,000. GSI PAID THE EUR 2,000 ON SEPTEMBER 10, 2020.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSI RESPONDED TO EUREX DEUTSCHLAND ON 2 DECEMBER 2019 SETTING OUT THE FIRM'S POSITION THAT (A) THE TRADE IN QUESTION, WHICH HAD A
LEGITIMATE ECONOMIC RATIONALE, WAS INTENDED TO HAPPEN OFF-EXCHANGE USING INTERNAL FLATTENING CONTROLS BUT INSTEAD WAS
INADVERTENTLY ROUTED ONTO THE EXCHANGE, (B) THE NAMED SALES TRADER HAD NO INVOLVEMENT IN THE DECISION TO FLATTEN THE TWO
POSITIONS INTERNALLY THAT RESULTED IN THE ON-EXCHANGE TRADE AND SO SHOULD BE REMOVED FROM THE SCOPE OF THE PROCEEDINGS, AND (C)
THE TRADE DID NOT HAVE ANY MATERIAL IMPACT ON THE MARKET GIVEN THAT THE PRICE OF THE PRODUCT IN QUESTION MOVED BY ONLY EUR 0.01 IN
THE MINUTE WHEN THE TRANSACTION TOOK PLACE (A MOVE OF JUST 0.00558%). ON APRIL 23, 2020, EUREX DEUTSCHLAND ISSUED A REPRIMAND
AGAINST GSI AND REQUIRED GSI TO BEAR THE COST OF THE REGULATORY PROCEEDING FOR THE AMOUNT OF EUR 2,000 (APPROXIMATELY USD
1683.50). GSI PAID THE EUR 2,000 ON SEPTEMBER 10, 2020.regulatory · block 8PDF pages 860–861
- Regulator name — filed text
- CHICAGO BOARD OF TRADE (CBOT)
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION OR THE FACTUAL ALLEGATIONS UPON WHICH THE PENALTY IS BASED, GOLDMAN SUBMITTED AN OFFER OF SETTLEMENT, WHICH WAS ACCEPTED, AND IT BECAME EFFECTIVE ON NOVEMBER 27, 2019. THE FINE IMPOSED BY CBOT WAS IN THE AMOUNT OF $15,000, WHICH WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 4, 2019.
Other filed details
Description of allegations — filed text
THE CHICAGO BOARD OF TRADE ("CBOT") IMPOSED A FINE ON GOLDMAN SACHS & CO. ("GOLDMAN") IN THE AMOUNT OF $15,000. CBOT CITED VIOLATIONS OF CBOT RULE 538.C. IN RELATION TO AN EXCHANGE FOR RELATED POSITION ("EFRP") PACKAGE EXECUTED IN THE TEN -YEAR TREASURY NOTE FUTURES AND OPTIONS MARKETS ON JULY 19, 2018, WHERE THE RELATED POSITION COMPONENTS OF THE EXCHANGE FOR RISK ("EFR") TRANSACTION DID NOT HAVE A REASONABLE DEGREE OF PRICE CORRELATION AND DID NOT HAVE OPPOSING MARKET BIAS TO THE EXCHANGE COMPONENT. FURTHER, THE RELATED COMPONENT OF THE EXCHANGE OF OPTION FOR OPTION ("EOO") TRANSACTION WAS NOT REASONABLY EQUIVALENT TO THE EXCHANGE COMPONENT. THE EFRP PACKAGE WAS THEREFORE NON-BONA FIDE AND IN VIOLATION OF CBOT RULE 538.C.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION OR THE FACTUAL ALLEGATIONS UPON WHICH THE PENALTY IS BASED, GOLDMAN SUBMITTED AN OFFER OF SETTLEMENT, WHICH WAS ACCEPTED, AND IT BECAME EFFECTIVE ON NOVEMBER 27, 2019. THE FINE IMPOSED BY CBOT WAS IN THE AMOUNT OF $15,000, WHICH WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 4, 2019.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CHICAGO BOARD OF TRADE (CBOT)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/27/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBOT 19-1109-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CHICAGO BOARD OF TRADE ("CBOT") IMPOSED A FINE ON GOLDMAN SACHS & CO. ("GOLDMAN") IN THE AMOUNT OF $15,000. CBOT CITED
VIOLATIONS OF CBOT RULE 538.C. IN RELATION TO AN EXCHANGE FOR RELATED POSITION ("EFRP") PACKAGE EXECUTED IN THE TEN -YEAR TREASURY
NOTE FUTURES AND OPTIONS MARKETS ON JULY 19, 2018, WHERE THE RELATED POSITION COMPONENTS OF THE EXCHANGE FOR RISK ("EFR")
TRANSACTION DID NOT HAVE A REASONABLE DEGREE OF PRICE CORRELATION AND DID NOT HAVE OPPOSING MARKET BIAS TO THE EXCHANGE
COMPONENT. FURTHER, THE RELATED COMPONENT OF THE EXCHANGE OF OPTION FOR OPTION ("EOO") TRANSACTION WAS NOT REASONABLY
EQUIVALENT TO THE EXCHANGE COMPONENT. THE EFRP PACKAGE WAS THEREFORE NON-BONA FIDE AND IN VIOLATION OF CBOT RULE 538.C.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
12/04/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION OR THE FACTUAL ALLEGATIONS UPON WHICH THE PENALTY IS BASED, GOLDMAN
SUBMITTED AN OFFER OF SETTLEMENT, WHICH WAS ACCEPTED, AND IT BECAME EFFECTIVE ON NOVEMBER 27, 2019. THE FINE IMPOSED BY
CBOT WAS IN THE AMOUNT OF $15,000, WHICH WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 4, 2019.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE RULE VIOLATION OR THE FACTUAL ALLEGATIONS UPON WHICH THE PENALTY IS BASED, GOLDMAN SUBMITTED
AN OFFER OF SETTLEMENT, WHICH WAS ACCEPTED, AND IT BECAME EFFECTIVE ON NOVEMBER 27, 2019. THE FINE IMPOSED BY CBOT WAS IN THE
AMOUNT OF $15,000, WHICH WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 4, 2019.regulatory · block 9PDF pages 861–863
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION (CFTC)
- Monetary/Fine Amount — filed text
- $ 1,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GOLDMAN SUBMITTED AN OFFER OF SETTLEMENT, WHICH THE CFTC ACCEPTED. WITHOUT ADMITTING OR DENYING THE VIOLATIONS, GOLDMAN CONSENTED TO THE ENTRY OF THE ORDER BY THE CFTC, PURSUANT TO WHICH GOLDMAN: (A) SHALL CEASE AND DESIST FROM VIOLATING REGULATIONS 23.202(A)(1), (B)(1), AND 1.31(B)(2), 17 C.F.R. §§ 23.202(A)(1), (B)(1), 1.31(B)(2) (2018); AND (B) PAY A CIVIL MONETARY PENALTY IN THE AMOUNT $1,000,000. IN ADDITION, AS PART OF THE SETTLEMENT, GOLDMAN REPRESENTED TO THE CFTC THAT IT HAD MADE CERTAIN CHANGES IN ITS SURVEILLANCE PROGRAMS. THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 20, 2019.
Other filed details
Description of allegations — filed text
ON NOVEMBER 26, 2019, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ISSUED AN ORDER REQUIRING GOLDMAN SACHS & CO. LLC ("GOLDMAN") TO PAY A $1,000,000 CIVIL MONETARY PENALTY AND TO CEASE AND DESIST FROM FURTHER VIOLATIONS OF CERTAIN CFTC REGULATIONS. DURING AN INVESTIGATION BY THE CFTC'S DIVISION OF ENFORCEMENT ("DIVISION"), THE DIVISION REQUESTED THAT GOLDMAN PRODUCE CERTAIN AUDIO RECORDINGS FROM JANUARY 2014. GOLDMAN WAS UNABLE TO PRODUCE MANY OF THE RECORDINGS REQUESTED DUE TO A MALFUNCTION WHICH OCCURRED DURING THE COURSE OF A SYSTEM UPGRADE WHICH AFFECTED RECORDINGS OF THE PHONE LINES OF A TRADING AND SALES DESK IN ONE OF GOLDMAN'S OFFICES FOR TWENTY CALENDAR DAYS IN JANUARY AND FEBRUARY 2014. GOLDMAN'S INABILITY TO PRODUCE THESE RECORDINGS IMPEDED THE DIVISION'S ONGOING INVESTIGATION, BECAUSE THE DIVISION WAS UNABLE TO OBTAIN THE INFORMATION THAT SHOULD HAVE BEEN CAPTURED IN MANY OF THE RECORDINGS THROUGH ANY OTHER MEANS. BASED ON THE FOREGOING, THE CFTC FOUND THAT GOLDMAN VIOLATED REGULATIONS 23.202(A)(1), (B)(1), AND 23.203(B)(2), 17 C.F.R. §§ 23.202(A)(1), (B)(1) (2018), 23.203(B)(2) (2017).
Sanction detail — filed text
ON NOVEMBER 26, 2019, THE CFTC ISSUED AN ORDER AGAINST GOLDMAN. THE ORDER REQUIRES GOLDMAN TO PAY A $1,000,000 CIVIL MONETARY PENALTY AND TO CEASE AND DESIST FROM FURTHER VIOLATIONS OF CFTC REGULATIONS 23.202(A)(1), (B)(1), AND 1.31(B)(2), 17 C.F.R. §§ 23.202(A)(1), (B)(1), 1.31(B)(2) (2018). IN ADDITION, AS PART OF THE SETTLEMENT, GOLDMAN REPRESENTED TO THE CFTC THAT IT HAD MADE CERTAIN CHANGES IN ITS SURVEILLANCE PROGRAMS. THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 20, 2019.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION (CFTC)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/26/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20-10
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 26, 2019, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ISSUED AN ORDER REQUIRING GOLDMAN SACHS & CO. LLC
("GOLDMAN") TO PAY A $1,000,000 CIVIL MONETARY PENALTY AND TO CEASE AND DESIST FROM FURTHER VIOLATIONS OF CERTAIN CFTC
REGULATIONS. DURING AN INVESTIGATION BY THE CFTC'S DIVISION OF ENFORCEMENT ("DIVISION"), THE DIVISION REQUESTED THAT GOLDMAN
PRODUCE CERTAIN AUDIO RECORDINGS FROM JANUARY 2014. GOLDMAN WAS UNABLE TO PRODUCE MANY OF THE RECORDINGS REQUESTED DUE TO A
MALFUNCTION WHICH OCCURRED DURING THE COURSE OF A SYSTEM UPGRADE WHICH AFFECTED RECORDINGS OF THE PHONE LINES OF A TRADING
AND SALES DESK IN ONE OF GOLDMAN'S OFFICES FOR TWENTY CALENDAR DAYS IN JANUARY AND FEBRUARY 2014. GOLDMAN'S INABILITY TO PRODUCE
THESE RECORDINGS IMPEDED THE DIVISION'S ONGOING INVESTIGATION, BECAUSE THE DIVISION WAS UNABLE TO OBTAIN THE INFORMATION THAT
SHOULD HAVE BEEN CAPTURED IN MANY OF THE RECORDINGS THROUGH ANY OTHER MEANS. BASED ON THE FOREGOING, THE CFTC FOUND THAT
GOLDMAN VIOLATED REGULATIONS 23.202(A)(1), (B)(1), AND 23.203(B)(2), 17 C.F.R. §§ 23.202(A)(1), (B)(1) (2018), 23.203(B)(2) (2017).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
12/20/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
AS PART OF THE SETTLEMENT, GOLDMAN REPRESENTED TO THE CFTC THAT IT HAD MADE CERTAIN CHANGES IN ITS SURVEILLANCE PROGRAMS.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON NOVEMBER 26, 2019, THE CFTC ISSUED AN ORDER AGAINST GOLDMAN. THE ORDER REQUIRES GOLDMAN TO PAY A $1,000,000 CIVIL
MONETARY PENALTY AND TO CEASE AND DESIST FROM FURTHER VIOLATIONS OF CFTC REGULATIONS 23.202(A)(1), (B)(1), AND 1.31(B)(2), 17
C.F.R. §§ 23.202(A)(1), (B)(1), 1.31(B)(2) (2018). IN ADDITION, AS PART OF THE SETTLEMENT, GOLDMAN REPRESENTED TO THE CFTC THAT IT HAD
MADE CERTAIN CHANGES IN ITS SURVEILLANCE PROGRAMS. THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 20, 2019.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SUBMITTED AN OFFER OF SETTLEMENT, WHICH THE CFTC ACCEPTED. WITHOUT ADMITTING OR DENYING THE VIOLATIONS, GOLDMAN
CONSENTED TO THE ENTRY OF THE ORDER BY THE CFTC, PURSUANT TO WHICH GOLDMAN: (A) SHALL CEASE AND DESIST FROM VIOLATING
REGULATIONS 23.202(A)(1), (B)(1), AND 1.31(B)(2), 17 C.F.R. §§ 23.202(A)(1), (B)(1), 1.31(B)(2) (2018); AND (B) PAY A CIVIL MONETARY PENALTY IN
THE AMOUNT $1,000,000. IN ADDITION, AS PART OF THE SETTLEMENT, GOLDMAN REPRESENTED TO THE CFTC THAT IT HAD MADE CERTAIN CHANGES IN
ITS SURVEILLANCE PROGRAMS. THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 20, 2019.regulatory · block 10PDF pages 863–865
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. (FINRA)
- Monetary/Fine Amount — filed text
- $ 130,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON DECEMBER 19, 2019 FINRA ACCEPTED AN AWC IN WHICH FINRA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $130,000 FOR A VIOLATION OF MSRB RULE G-15(F). THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 26, 2019.
Other filed details
Description of allegations — filed text
ON DECEMBER 19, 2019, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") IN WHICH WITHOUT ADMITTING OR DENYING THE FINDINGS, GOLDMAN SACHS & CO. LLC ("GOLDMAN") CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS. THE FINDINGS ISSUED BY FINRA NAME A VIOLATION OF MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULE G- 15(F) AND STATE THAT GOLDMAN EFFECTED ON A DISCRETIONARY BASIS CUSTOMER SALE TRANSACTIONS OF MUNICIPAL BONDS IN AMOUNTS LOWER THAN THE MINIMUM DENOMINATIONS OF THE RESPECTIVE ISSUES. GOLDMAN GENERALLY RELIED ON DATA IT RECEIVED FROM THIRD-PARTY VENDORS TO DETERMINE WHETHER A TRANSACTION WAS BELOW AN ISSUE'S MINIMUM DENOMINATION, AND THE VIOLATIVE TRANSACTIONS ARE PRIMARILY ATTRIBUTABLE TO INACCURACIES IN THAT VENDOR DATA. GOLDMAN HAS ALREADY VOLUNTARILY RESCINDED THE VIOLATIVE TRANSACTIONS OR OTHERWISE REIMBURSED AFFECTED CUSTOMERS.
Sanction detail — filed text
ON DECEMBER 19, 2019 FINRA ACCEPTED AN AWC IN WHICH FINRA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $130,000 FOR A VIOLATION OF MSRB RULE G-15(F).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. (FINRA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
12/19/2019
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2017053432301
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON DECEMBER 19, 2019, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT
("AWC") IN WHICH WITHOUT ADMITTING OR DENYING THE FINDINGS, GOLDMAN SACHS & CO. LLC ("GOLDMAN") CONSENTED TO THE SANCTIONS AND
TO THE ENTRY OF FINDINGS. THE FINDINGS ISSUED BY FINRA NAME A VIOLATION OF MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB") RULE G-
15(F) AND STATE THAT GOLDMAN EFFECTED ON A DISCRETIONARY BASIS CUSTOMER SALE TRANSACTIONS OF MUNICIPAL BONDS IN AMOUNTS LOWER
THAN THE MINIMUM DENOMINATIONS OF THE RESPECTIVE ISSUES. GOLDMAN GENERALLY RELIED ON DATA IT RECEIVED FROM THIRD-PARTY VENDORS
TO DETERMINE WHETHER A TRANSACTION WAS BELOW AN ISSUE'S MINIMUM DENOMINATION, AND THE VIOLATIVE TRANSACTIONS ARE PRIMARILY
ATTRIBUTABLE TO INACCURACIES IN THAT VENDOR DATA. GOLDMAN HAS ALREADY VOLUNTARILY RESCINDED THE VIOLATIVE TRANSACTIONS OR
OTHERWISE REIMBURSED AFFECTED CUSTOMERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
12/26/2019
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 130,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON DECEMBER 19, 2019 FINRA ACCEPTED AN AWC IN WHICH FINRA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $130,000 FOR A
VIOLATION OF MSRB RULE G-15(F).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON DECEMBER 19, 2019 FINRA ACCEPTED AN AWC IN WHICH FINRA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $130,000 FOR A VIOLATION
OF MSRB RULE G-15(F). THE FINE WAS PAID BY GOLDMAN BY WIRE ON DECEMBER 26, 2019.regulatory · block 11PDF pages 865–867
- Regulator name — filed text
- SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
- Monetary/Fine Amount — filed text
- $ 34,187.85
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GSCO PAID THE FINE OF 315,000 SEK ON JUNE 8, 2020 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 USD: 9.2138 SEK AS OF JUNE 8, 2020, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 34,187.85 USD.
Other filed details
Description of allegations — filed text
ON APRIL 1, 2020, THE SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - "SFSA") IMPOSED A FINE ON GOLDMAN SACHS & CO. LLC ("GSCO") IN THE AMOUNT OF 315,000 SWEDISH KRONA (SEK). SFSA ALLEGES A VIOLATION OF CHAPTER 4 OF THE FINANCIAL INSTRUMENTS TRADING ACT (SFS 1991:1980), IN RELATION TO A LATE DISCLOSURE OF CHANGES IN MAJOR HOLDINGS OF SHARES IN MICRONIC AB BETWEEN JUNE AND SEPTEMBER OF 2017.
Sanction detail — filed text
GSCO PAID THE FINE OF 315,000 SEK ON JUNE 8, 2020 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK, USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 USD: 9.2138 SEK AS OF JUNE 8, 2020, THE EQUIVALENT U.S. DOLLAR VALUE WAS APPROXIMATELY 34,187.85 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/01/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FI DNR 17-17349
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 1, 2020, THE SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - "SFSA") IMPOSED A FINE ON GOLDMAN SACHS & CO.
LLC ("GSCO") IN THE AMOUNT OF 315,000 SWEDISH KRONA (SEK). SFSA ALLEGES A VIOLATION OF CHAPTER 4 OF THE FINANCIAL INSTRUMENTS
TRADING ACT (SFS 1991:1980), IN RELATION TO A LATE DISCLOSURE OF CHANGES IN MAJOR HOLDINGS OF SHARES IN MICRONIC AB BETWEEN JUNE
AND SEPTEMBER OF 2017.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/08/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 34,187.85
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GSCO PAID THE FINE OF 315,000 SEK ON JUNE 8, 2020 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK,
USING THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 USD: 9.2138 SEK AS OF JUNE 8, 2020, THE EQUIVALENT U.S. DOLLAR VALUE
WAS APPROXIMATELY 34,187.85 USD, WHICH AMOUNT IS REFLECTED IN ITEM 12.A. ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSCO PAID THE FINE OF 315,000 SEK ON JUNE 8, 2020 TO THE SFSA BY WIRE. WHILE THE ACTUAL PAYMENT OF THE FINE WAS MADE IN SEK, USING
THE FEDERAL RESERVE'S FOREIGN EXCHANGE RATE OF 1 USD: 9.2138 SEK AS OF JUNE 8, 2020, THE EQUIVALENT U.S. DOLLAR VALUE WAS
APPROXIMATELY 34,187.85 USD.regulatory · block 12PDF pages 867–869
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
IN ACCORDANCE WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE AMOUNT OF $15,000. GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN BY GSCO BY WIRE ON JUNE 26, 2020.
Other filed details
Description of allegations — filed text
ON MARCH 31, 2020, THE CME GROUP MARKET REGULATION DEPARTMENT NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT IT HAD COMPLETED ITS INVESTIGATION INTO ALLEGATIONS THAT GSCO VIOLATED EXCHANGE RULE 562. GSCO HELD A PRO-RATA SHARE OF MELLON INVESTMENT CORPORATION'S POSITION EXCESS FOR THREE BUSINESS DAYS ON SEPTEMBER 11, 2019, SEPTEMBER 12, 2019, AND SEPTEMBER 13, 2019, BEFORE IT WAS LIQUIDATED ON SEPTEMBER 16, 2019. THE CME GROUP MARKET REGULATION DEPARTMENT ALLEGES THAT GSCO FAILED TO LIQUIDATE ITS PRO- RATA SHARE IN EXCESS OF LIMITS OR OTHERWISE FAILED TO ENSURE THAT ITS CUSTOMER WAS IN COMPLIANCE WITH LIMITS WITHIN A REASONABLE PERIOD OF TIME. THE ABOVE MATTER HAS NOW BEEN REFERRED TO THE CME GROUP MARKET REGULATION'S ENFORCEMENT DIVISION. ON JUNE 15, 2020, A PANEL OF THE CBOT BUSINESS CONDUCT COMMITTEE ("PANEL") CONCLUDED THAT GSCO HAD VIOLATED CBOT RULE 562. IN ACCORDANCE WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE AMOUNT OF $15,000. GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN BY GSCO BY WIRE ON JUNE 26, 2020.
Sanction detail — filed text
IN ACCORDANCE WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE AMOUNT OF $15,000. GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN BY GSCO BY WIRE ON JUNE 26, 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/31/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
CBOT 19-1192
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 31, 2020, THE CME GROUP MARKET REGULATION DEPARTMENT NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT IT HAD COMPLETED
ITS INVESTIGATION INTO ALLEGATIONS THAT GSCO VIOLATED EXCHANGE RULE 562. GSCO HELD A PRO-RATA SHARE OF MELLON INVESTMENT
CORPORATION'S POSITION EXCESS FOR THREE BUSINESS DAYS ON SEPTEMBER 11, 2019, SEPTEMBER 12, 2019, AND SEPTEMBER 13, 2019, BEFORE IT
WAS LIQUIDATED ON SEPTEMBER 16, 2019. THE CME GROUP MARKET REGULATION DEPARTMENT ALLEGES THAT GSCO FAILED TO LIQUIDATE ITS PRO-
RATA SHARE IN EXCESS OF LIMITS OR OTHERWISE FAILED TO ENSURE THAT ITS CUSTOMER WAS IN COMPLIANCE WITH LIMITS WITHIN A REASONABLE
PERIOD OF TIME. THE ABOVE MATTER HAS NOW BEEN REFERRED TO THE CME GROUP MARKET REGULATION'S ENFORCEMENT DIVISION. ON JUNE 15,
2020, A PANEL OF THE CBOT BUSINESS CONDUCT COMMITTEE ("PANEL") CONCLUDED THAT GSCO HAD VIOLATED CBOT RULE 562. IN ACCORDANCE
WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE AMOUNT OF $15,000.
GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN BY GSCO BY WIRE ON JUNE
26, 2020.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
06/26/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
IN ACCORDANCE WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE
AMOUNT OF $15,000. GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN
BY GSCO BY WIRE ON JUNE 26, 2020.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
IN ACCORDANCE WITH A SETTLEMENT OFFER THAT BECAME EFFECTIVE ON JUNE 17, 2020, THE PANEL ORDERED GSCO TO PAY A FINE IN THE AMOUNT
OF $15,000. GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED. THE FINE WAS PAID IN BY GSCO BY
WIRE ON JUNE 26, 2020.regulatory · block 13PDF pages 869–870
- Regulator name — filed text
- ICE FUTURES U.S.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FINE IMPOSED BY IFUS WAS IN THE AMOUNT OF $10,000, WHICH WAS PAID IN FULL BY GSCO BY WIRE ON MAY 28, 2020.
Other filed details
Description of allegations — filed text
ON MAY 8, 2020, THE ICE FUTURES U.S. ("IFUS" OR "EXCHANGE") MARKET REGULATION DEPARTMENT NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT IT WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $10,000 PURSUANT TO IFUS RULE 21.02. THE EXCHANGE ALLEGES THAT IN SEVEN INSTANCES, GSCO APPEARED TO HAVE BEEN IN VIOLATION OF IFUS RULE 6.15(A) WHEN IT FAILED TO ACCURATELY SUBMIT REPORTABLE POSITIONS TO THE EXCHANGE.
Sanction detail — filed text
THE FINE IMPOSED BY IFUS WAS IN THE AMOUNT OF $10,000, WHICH WAS PAID IN FULL BY GSCO BY WIRE ON MAY 28, 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/08/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019-033
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 8, 2020, THE ICE FUTURES U.S. ("IFUS" OR "EXCHANGE") MARKET REGULATION DEPARTMENT NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO")
THAT IT WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $10,000 PURSUANT TO IFUS RULE 21.02. THE EXCHANGE ALLEGES THAT IN SEVEN
INSTANCES, GSCO APPEARED TO HAVE BEEN IN VIOLATION OF IFUS RULE 6.15(A) WHEN IT FAILED TO ACCURATELY SUBMIT REPORTABLE POSITIONS
TO THE EXCHANGE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
05/28/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY IFUS WAS IN THE AMOUNT OF $10,000, WHICH WAS PAID IN FULL BY GSCO BY WIRE ON MAY 28, 2020.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY IFUS WAS IN THE AMOUNT OF $10,000, WHICH WAS PAID IN FULL BY GSCO BY WIRE ON MAY 28, 2020.regulatory · block 14PDF pages 871–872
- Regulator name — filed text
- NYSE ARCA, INC.
- Monetary/Fine Amount — filed text
- $ 30,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON JUNE 15, 2020, AN AWC FROM NYSE ARCA DIRECTED AT GOLDMAN WAS FINALIZED. IN THE AWC, NYSE ARCA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $30,000 FOR A VIOLATION OF NYSE ARCA RULE 6.49-O(B). THE FINE WAS PAID BY GOLDMAN BY WIRE ON JUNE 22, 2020.
Other filed details
Description of allegations — filed text
ON JUNE 15, 2020, A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") FROM NYSE ARCA, INC. ("NYSE ARCA") DIRECTED AT GOLDMAN SACHS & CO. LLC ("GOLDMAN") WAS FINALIZED. WITHOUT ADMITTING OR DENYING THE FINDINGS, GOLDMAN CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS. THE AWC STATES THAT GOLDMAN VIOLATED NYSE ARCA RULE 6.49-O(B) BY EFFECTING EQUITY TRANSACTIONS AFTER GAINING KNOWLEDGE OF UNDISCLOSED TERMS AND CONDITIONS OF A CUSTOMER ORDER IN THE SAME OPTIONS SERIES. THE FINDINGS STATE THAT A GOLDMAN TRADER RELAYED FACILITATED CROSS ORDERS FOR 800 CALL OPTIONS OF A CERTAIN OPTIONS SERIES TO AN NYSE ARCA FLOOR BROKER THAT WERE SYSTEMATIZED IN SIX SEPARATE PIECES AT SIX DIFFERENT TIMES, FOUR 100 QUANTITIES AND THEN TWO 200 QUANTITIES. THE FINDINGS ADDITIONALLY STATE THAT THE GOLDMAN TRADER SOLD A TOTAL OF 49,000 EQUITY SHARES OF THE OPTIONS SERIES AS HEDGES, AND WHEN DOING SO, HOWEVER, GOLDMAN SOLD MORE SHARES THAN NEEDED TO HEDGE THE DISCLOSED (OR SYSTEMIZED) PORTIONS OF THE SECOND THROUGH SIXTH FACILITATED OPTIONS ORDERS, THEREFORE RESULTING IN OVERHEDGES.
Sanction detail — filed text
ON JUNE 15, 2020, AN AWC FROM NYSE ARCA DIRECTED AT GOLDMAN WAS FINALIZED. IN THE AWC, NYSE ARCA IMPOSES THE SANCTIONS CENSURE AND A FINE OF $30,000 FOR A VIOLATION OF NYSE ARCA RULE 6.49-O(B).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE ARCA, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
06/15/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019-08-00125
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JUNE 15, 2020, A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") FROM NYSE ARCA, INC. ("NYSE ARCA") DIRECTED AT GOLDMAN SACHS &
CO. LLC ("GOLDMAN") WAS FINALIZED. WITHOUT ADMITTING OR DENYING THE FINDINGS, GOLDMAN CONSENTED TO THE SANCTIONS AND TO THE
ENTRY OF FINDINGS. THE AWC STATES THAT GOLDMAN VIOLATED NYSE ARCA RULE 6.49-O(B) BY EFFECTING EQUITY TRANSACTIONS AFTER GAINING
KNOWLEDGE OF UNDISCLOSED TERMS AND CONDITIONS OF A CUSTOMER ORDER IN THE SAME OPTIONS SERIES. THE FINDINGS STATE THAT A
GOLDMAN TRADER RELAYED FACILITATED CROSS ORDERS FOR 800 CALL OPTIONS OF A CERTAIN OPTIONS SERIES TO AN NYSE ARCA FLOOR BROKER
THAT WERE SYSTEMATIZED IN SIX SEPARATE PIECES AT SIX DIFFERENT TIMES, FOUR 100 QUANTITIES AND THEN TWO 200 QUANTITIES. THE FINDINGS
ADDITIONALLY STATE THAT THE GOLDMAN TRADER SOLD A TOTAL OF 49,000 EQUITY SHARES OF THE OPTIONS SERIES AS HEDGES, AND WHEN DOING
SO, HOWEVER, GOLDMAN SOLD MORE SHARES THAN NEEDED TO HEDGE THE DISCLOSED (OR SYSTEMIZED) PORTIONS OF THE SECOND THROUGH
SIXTH FACILITATED OPTIONS ORDERS, THEREFORE RESULTING IN OVERHEDGES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
06/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 30,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON JUNE 15, 2020, AN AWC FROM NYSE ARCA DIRECTED AT GOLDMAN WAS FINALIZED. IN THE AWC, NYSE ARCA IMPOSES THE SANCTIONS
CENSURE AND A FINE OF $30,000 FOR A VIOLATION OF NYSE ARCA RULE 6.49-O(B).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JUNE 15, 2020, AN AWC FROM NYSE ARCA DIRECTED AT GOLDMAN WAS FINALIZED. IN THE AWC, NYSE ARCA IMPOSES THE SANCTIONS CENSURE
AND A FINE OF $30,000 FOR A VIOLATION OF NYSE ARCA RULE 6.49-O(B). THE FINE WAS PAID BY GOLDMAN BY WIRE ON JUNE 22, 2020.regulatory · block 15GOLDMAN SACHS MEXICO, CASA DE BOLSA, S.A. DE C.V.PDF pages 872–874
- Advisory affiliate name — filed text
- GOLDMAN SACHS MEXICO, CASA DE BOLSA, S.A. DE C.V.
- Regulator name — filed text
- NATIONAL BANKING AND SECURITIES COMMISSION (COMISION NACIONAL BANCARIA Y DE VALORES - "CNBV")
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL APPEAL WERE FILED, LEADING ULTIMATELY ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV WAS ANNULLED, AND MCBO OBTAINED A REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700 USD).
Other filed details
Description of allegations — filed text
ON AUGUST 19, 2020, GOLDMAN SACHS MEXICO, S.A. DE C.V. CASA DE BOLSA ("MCBO") RECEIVED A FINE IMPOSED BY THE NATIONAL BANKING AND SECURITIES COMMISSION (COMISION NACIONAL BANCARIA Y DE VALORES - "CNBV") OF 403,000 PESOS (APPROXIMATELY 18,500 USD), FOR AN ALLEGED VIOLATION OF ARTICLE 212, PARAGRAPH ONE, SUB-SECTION I, OF THE LMV. CNBV ALLEGED MCBO FAILED TO MAINTAIN AN APPROPRIATE FINANCIAL CRIMES RISK ASSESSMENT POLICY. MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL APPEAL WERE FILED, LEADING ULTIMATELY ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV WAS ANNULLED, AND MCBO OBTAINED A REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700 USD).
Sanction detail — filed text
MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL APPEAL WERE FILED, LEADING ULTIMATELY ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV WAS ANNULLED, AND MCBO OBTAINED A REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700 USD).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS MEXICO,
CASA DE BOLSA, S.A. DE C.V.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL BANKING AND SECURITIES COMMISSION (COMISION NACIONAL BANCARIA Y DE VALORES - "CNBV")
2.
Principal Sanction:
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/19/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
211-2/81637-RDGH/2020
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 19, 2020, GOLDMAN SACHS MEXICO, S.A. DE C.V. CASA DE BOLSA ("MCBO") RECEIVED A FINE IMPOSED BY THE NATIONAL BANKING AND
SECURITIES COMMISSION (COMISION NACIONAL BANCARIA Y DE VALORES - "CNBV") OF 403,000 PESOS (APPROXIMATELY 18,500 USD), FOR AN
ALLEGED VIOLATION OF ARTICLE 212, PARAGRAPH ONE, SUB-SECTION I, OF THE LMV. CNBV ALLEGED MCBO FAILED TO MAINTAIN AN APPROPRIATE
FINANCIAL CRIMES RISK ASSESSMENT POLICY. MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL
APPEAL WERE FILED, LEADING ULTIMATELY ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV
WAS ANNULLED, AND MCBO OBTAINED A REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700
USD).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Other
11. Resolution Date (MM/DD/YYYY):
03/04/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL APPEAL WERE FILED, LEADING
ULTIMATELY ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV WAS ANNULLED, AND
MCBO OBTAINED A REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700 USD).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MCBO PAID THE FINE OF 403,000 PESOS ON SEPTEMBER 29, 2020. AN ADMINISTRATIVE AND A JUDICIAL APPEAL WERE FILED, LEADING ULTIMATELY
ON MARCH 2022 TO A RESOLVE OF THIS MATTER IN FAVOR OF MCBO. THE PENALTY IMPOSED BY THE CNBV WAS ANNULLED, AND MCBO OBTAINED A
REFUND IN THE UPDATED AMOUNT (BASED ON INFLATION INDEX) OF 440,842 PESOS (APPROXIMATELY 20,700 USD).regulatory · block 16THE GOLDMAN SACHS GROUP, INC.PDF pages 874–876
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- THE SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 400,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GS GROUP PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $400,000,000 TO THE SEC AND DISGORGEMENT OF $606,300,000, WITH DOLLAR-FOR- DOLLAR DISGORGEMENT CREDIT UP TO THAT AMOUNT BASED ON THE U.S. DOLLAR VALUE OF SIMILAR PAYMENTS MADE PURSUANT TO THE SETTLEMENT AGREEMENT.
Other filed details
Description of allegations — filed text
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER INSTITUTING CEASE AND DESIST PROCEEDINGS WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "SEC" AND THE ORDER, THE "SEC ORDER"), WHICH ALLEGED GS GROUP FAILED TO REASONABLY MAINTAIN A SUFFICIENT SYSTEM OF INTERNAL ACCOUNTING CONTROLS BETWEEN 2012 AND 2015 WITH RESPECT TO THE PROCESS BY WHICH IT REVIEWED AND APPROVED THE COMMITMENT OF FIRM CAPITAL IN LARGE, SIGNIFICANT AND COMPLEX TRANSITIONS, SUCH AS THE 1MALAYSIA DEVELOPMENT BERHAD ("1MDB") OFFERINGS, AND THAT DOCUMENTATION PREPARED IN CONNECTION WITH THE 1MDB TRANSACTIONS DID NOT ACCURATELY REFLECT CERTAIN ASPECTS OF THE BOND OFFERINGS, INCLUDING THE INVOLVEMENT OF A THIRD PARTY INTERMEDIARY IN THE OFFERINGS.
Sanction detail — filed text
PURSUANT TO THE SEC ORDER, THE SEC REQUIRED GS GROUP (I) TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $400,000,000 AND (II) TO PAY DISGORGEMENT OF $606,300,000, WITH DOLLAR-FOR-DOLLAR DISGORGEMENT CREDIT UP TO THAT AMOUNT BASED ON THE U.S. DOLLAR VALUE OF SIMILAR PAYMENTS MADE TO THE GOVERNMENT OF MALAYSIA AND 1MDB PURSUANT TO THE PARALLEL SETTLEMENT AGREEMENT ENTERED INTO BY GS GROUP ON AUGUST 18, 2020 (THE "SETTLEMENT AGREEMENT").
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
CIVIL AND ADMINISTRATIVE PENALTY(IES)/FINE(S) DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-20132
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER INSTITUTING CEASE AND DESIST PROCEEDINGS
WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "SEC" AND THE ORDER, THE "SEC ORDER"), WHICH ALLEGED GS GROUP FAILED TO
REASONABLY MAINTAIN A SUFFICIENT SYSTEM OF INTERNAL ACCOUNTING CONTROLS BETWEEN 2012 AND 2015 WITH RESPECT TO THE PROCESS BY
WHICH IT REVIEWED AND APPROVED THE COMMITMENT OF FIRM CAPITAL IN LARGE, SIGNIFICANT AND COMPLEX TRANSITIONS, SUCH AS THE
1MALAYSIA DEVELOPMENT BERHAD ("1MDB") OFFERINGS, AND THAT DOCUMENTATION PREPARED IN CONNECTION WITH THE 1MDB TRANSACTIONS DID
NOT ACCURATELY REFLECT CERTAIN ASPECTS OF THE BOND OFFERINGS, INCLUDING THE INVOLVEMENT OF A THIRD PARTY INTERMEDIARY IN THE
OFFERINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 400,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE SEC ORDER, THE SEC REQUIRED GS GROUP (I) TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $400,000,000 AND (II) TO
PAY DISGORGEMENT OF $606,300,000, WITH DOLLAR-FOR-DOLLAR DISGORGEMENT CREDIT UP TO THAT AMOUNT BASED ON THE U.S. DOLLAR
VALUE OF SIMILAR PAYMENTS MADE TO THE GOVERNMENT OF MALAYSIA AND 1MDB PURSUANT TO THE PARALLEL SETTLEMENT AGREEMENT
ENTERED INTO BY GS GROUP ON AUGUST 18, 2020 (THE "SETTLEMENT AGREEMENT").
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS GROUP PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $400,000,000 TO THE SEC AND DISGORGEMENT OF $606,300,000, WITH DOLLAR-FOR-
DOLLAR DISGORGEMENT CREDIT UP TO THAT AMOUNT BASED ON THE U.S. DOLLAR VALUE OF SIMILAR PAYMENTS MADE PURSUANT TO THE SETTLEMENT
AGREEMENT.regulatory · block 17THE GOLDMAN SACHS GROUP, INC.PDF pages 876–878
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES
- Monetary/Fine Amount — filed text
- $ 150,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GS GROUP PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $150,000,000 TO THE DFS.
Other filed details
Description of allegations — filed text
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO A CONSENT ORDER FOR A CIVIL MONEY PENALTY WITH THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES (THE "DFS", AND THE CONSENT ORDER, THE "DFS ORDER"), WHICH ALLEGED VIOLATIONS OF THE NEW YORK BANKING LAW ("BANKING LAW") ARISING OUT OF INVESTMENTS BY A GS GROUP WHOLLY-OWNED SUBSIDIARY, GOLDMAN SACHS BANK USA ("GS BANK"), IN INSTRUMENTS RELATED TO 1MALAYSIA DEVELOPMENT BERHAD ("1MDB"). THE CONDUCT DESCRIBED IN THE DFS ORDER INCLUDES (I) THE FAILURE OF GS GROUP TO ADEQUATELY DETECT OR ADDRESS CERTAIN RED FLAGS IN CONNECTION WITH THE 1MDB BOND TRANSACTIONS; (II) GS GROUP'S FAILURE TO ESCALATE OR ADDRESS ALLEGATIONS OF BRIBERY COMMUNICATED TO CERTAIN SENIOR BUSINESS PERSONNEL FOLLOWING THE COMPLETION OF THE 1MDB OFFERINGS; (III) GS GROUP'S FAILURE TO ADDRESS ALLEGATIONS OF ITS EMPLOYEES SUSPECTED INVOLVEMENT IN THE 1MDB MISCONDUCT; AND (IV) GS GROUP'S FAILURE TO CONVEY TO GS BANK RED FLAGS OR INFORMATION KNOWN ABOUT THE 1MDB OFFERINGS OR THE MISCONDUCT OF ITS EMPLOYEES SO THAT GS BANK COULD AFFIRMATIVELY REPORT THE INCIDENT TO THE DFS. THE DFS ORDER ALSO FINDS THAT GS GROUP VIOLATED SECTION 44 OF THE BANKING LAW BY CONDUCTING BUSINESS IN AN UNSAFE AND UNSOUND MANNER AND 3 N.Y.C.R.R. SECTION 300.4 BY FAILING TO SUBMIT A REPORT TO THE SUPERINTENDENT OF THE DFS OF ONE OR MORE INCIDENTS THAT APPEAR TO RELATE TO A PLAN OR SCHEME THAT WOULD BE OF INTEREST TO SIMILAR ORGANIZATIONS LOCATED IN THE SAME AREA OR THROUGH THE STATE.
Sanction detail — filed text
PURSUANT TO THE DFS ORDER, THE DFS REQUIRED GS GROUP TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $150,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO A CONSENT ORDER FOR A CIVIL MONEY PENALTY WITH THE
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES (THE "DFS", AND THE CONSENT ORDER, THE "DFS ORDER"), WHICH ALLEGED VIOLATIONS OF
THE NEW YORK BANKING LAW ("BANKING LAW") ARISING OUT OF INVESTMENTS BY A GS GROUP WHOLLY-OWNED SUBSIDIARY, GOLDMAN SACHS BANK
USA ("GS BANK"), IN INSTRUMENTS RELATED TO 1MALAYSIA DEVELOPMENT BERHAD ("1MDB"). THE CONDUCT DESCRIBED IN THE DFS ORDER INCLUDES
(I) THE FAILURE OF GS GROUP TO ADEQUATELY DETECT OR ADDRESS CERTAIN RED FLAGS IN CONNECTION WITH THE 1MDB BOND TRANSACTIONS; (II)
GS GROUP'S FAILURE TO ESCALATE OR ADDRESS ALLEGATIONS OF BRIBERY COMMUNICATED TO CERTAIN SENIOR BUSINESS PERSONNEL FOLLOWING
THE COMPLETION OF THE 1MDB OFFERINGS; (III) GS GROUP'S FAILURE TO ADDRESS ALLEGATIONS OF ITS EMPLOYEES SUSPECTED INVOLVEMENT IN
THE 1MDB MISCONDUCT; AND (IV) GS GROUP'S FAILURE TO CONVEY TO GS BANK RED FLAGS OR INFORMATION KNOWN ABOUT THE 1MDB OFFERINGS
OR THE MISCONDUCT OF ITS EMPLOYEES SO THAT GS BANK COULD AFFIRMATIVELY REPORT THE INCIDENT TO THE DFS. THE DFS ORDER ALSO FINDS
THAT GS GROUP VIOLATED SECTION 44 OF THE BANKING LAW BY CONDUCTING BUSINESS IN AN UNSAFE AND UNSOUND MANNER AND 3 N.Y.C.R.R.
SECTION 300.4 BY FAILING TO SUBMIT A REPORT TO THE SUPERINTENDENT OF THE DFS OF ONE OR MORE INCIDENTS THAT APPEAR TO RELATE TO A
PLAN OR SCHEME THAT WOULD BE OF INTEREST TO SIMILAR ORGANIZATIONS LOCATED IN THE SAME AREA OR THROUGH THE STATE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 150,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE DFS ORDER, THE DFS REQUIRED GS GROUP TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $150,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS GROUP PAID A CIVIL MONEY PENALTY IN THE AMOUNT OF $150,000,000 TO THE DFS.regulatory · block 18THE GOLDMAN SACHS GROUP, INC.PDF pages 878–880
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Monetary/Fine Amount — filed text
- $ 154,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
IN ADDITION TO PAYMENT OF THE CIVIL MONEY PENALTY, THE FEDERAL RESERVE ORDER REQUIRES THAT GS GROUP TAKE CERTAIN AFFIRMATIVE ACTIONS, INCLUDING SUBMITTING TO THE FEDERAL RESERVE (I) A WRITTEN PLAN TO ENHANCE, AND MAINTAIN IMPROVEMENTS TO, OVERSIGHT OF THE REVIEW AND APPROVAL OF CERTAIN SIGNIFICANT AND COMPLEX TRANSACTIONS; (II) A WRITTEN PLAN TO ENHANCE ITS EXISTING ANTI-BRIBERY COMPLIANCE PROGRAM FOR SUCH TRANSACTIONS; AND (III) A WRITTEN ENHANCED DUE DILIGENCE PROGRAM FOR SUCH TRANSACTIONS, IN EACH CASE EACH ACCEPTABLE TO THE FEDERAL RESERVE.
Other filed details
Description of allegations — filed text
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER TO CEASE AND DESIST AND ORDER OF ASSESSMENT OF A CIVIL MONEY PENALTY WITH THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE", AND THE ORDER, THE "FEDERAL RESERVE ORDER"), WHICH ALLEGED GS GROUP ENGAGED IN UNSAFE AND UNSOUND BANKING PRACTICES RELATING TO THE 1MALAYSIA DEVELOPMENT BERHAD ("1MDB") BOND TRANSACTIONS THAT RESULTED FROM DEFICIENT POLICIES, PROCEDURES AND CONTROLS. SUCH DEFICIENCIES INCLUDED (I) THE LACK OF, OR FAILURE TO IMPLEMENT, ADEQUATE COMPLIANCE POLICIES AND PROCEDURES TO ENSURE THE 1MDB OFFERINGS COMPLIED WITH SAFE AND SOUND PRACTICES; (II) THE FAILURE OF THE REVIEW AND APPROVAL PROCESS TO APPRECIATE THE SIGNIFICANT RISKS ASSOCIATED WITH THE 1MDB OFFERINGS; (III) THE FAILURE OF GS GROUP CONTROL FUNCTIONS AND SENIOR PERSONNEL TO ADDRESS RED FLAGS, INSIST ON ADEQUATE INFORMATION AND DOCUMENTATION REGARDING KEY ASPECTS OF THE OFFERINGS PRIOR TO EXECUTION, AND EFFECTIVELY SUPERVISE A SENIOR BUSINESS EMPLOYEE ABOUT WHOM CERTAIN GS GROUP PERSONNEL HAD EXPRESSED INTEGRITY CONCERNS IN THE PAST; AND (IV) THE FAILURE TO ESCALATE OR ADDRESS ALLEGATIONS OF BRIBERY COMMUNICATED TO CERTAIN SENIOR BUSINESS PERSONNEL.
Sanction detail — filed text
PURSUANT TO THE FEDERAL RESERVE ORDER, THE FEDERAL RESERVE ORDERED GS GROUP TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $154,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
CIVIL AND ADMINISTRATIVE PENALTY(IES)/FINE(S)
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20-018-B-HC; 20-018-CMP-HC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 22, 2020, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER TO CEASE AND DESIST AND ORDER OF
ASSESSMENT OF A CIVIL MONEY PENALTY WITH THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (THE "FEDERAL RESERVE", AND THE
ORDER, THE "FEDERAL RESERVE ORDER"), WHICH ALLEGED GS GROUP ENGAGED IN UNSAFE AND UNSOUND BANKING PRACTICES RELATING TO THE
1MALAYSIA DEVELOPMENT BERHAD ("1MDB") BOND TRANSACTIONS THAT RESULTED FROM DEFICIENT POLICIES, PROCEDURES AND CONTROLS. SUCH
DEFICIENCIES INCLUDED (I) THE LACK OF, OR FAILURE TO IMPLEMENT, ADEQUATE COMPLIANCE POLICIES AND PROCEDURES TO ENSURE THE 1MDB
OFFERINGS COMPLIED WITH SAFE AND SOUND PRACTICES; (II) THE FAILURE OF THE REVIEW AND APPROVAL PROCESS TO APPRECIATE THE
SIGNIFICANT RISKS ASSOCIATED WITH THE 1MDB OFFERINGS; (III) THE FAILURE OF GS GROUP CONTROL FUNCTIONS AND SENIOR PERSONNEL TO
ADDRESS RED FLAGS, INSIST ON ADEQUATE INFORMATION AND DOCUMENTATION REGARDING KEY ASPECTS OF THE OFFERINGS PRIOR TO EXECUTION,
AND EFFECTIVELY SUPERVISE A SENIOR BUSINESS EMPLOYEE ABOUT WHOM CERTAIN GS GROUP PERSONNEL HAD EXPRESSED INTEGRITY CONCERNS
IN THE PAST; AND (IV) THE FAILURE TO ESCALATE OR ADDRESS ALLEGATIONS OF BRIBERY COMMUNICATED TO CERTAIN SENIOR BUSINESS
PERSONNEL.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 154,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE FEDERAL RESERVE ORDER, THE FEDERAL RESERVE ORDERED GS GROUP TO PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF
$154,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
IN ADDITION TO PAYMENT OF THE CIVIL MONEY PENALTY, THE FEDERAL RESERVE ORDER REQUIRES THAT GS GROUP TAKE CERTAIN AFFIRMATIVE
ACTIONS, INCLUDING SUBMITTING TO THE FEDERAL RESERVE (I) A WRITTEN PLAN TO ENHANCE, AND MAINTAIN IMPROVEMENTS TO, OVERSIGHT OF
THE REVIEW AND APPROVAL OF CERTAIN SIGNIFICANT AND COMPLEX TRANSACTIONS; (II) A WRITTEN PLAN TO ENHANCE ITS EXISTING ANTI-BRIBERY
COMPLIANCE PROGRAM FOR SUCH TRANSACTIONS; AND (III) A WRITTEN ENHANCED DUE DILIGENCE PROGRAM FOR SUCH TRANSACTIONS, IN EACH
CASE EACH ACCEPTABLE TO THE FEDERAL RESERVE.regulatory · block 19GOLDMAN SACHS (ASIA) L.L.C.PDF pages 880–882
- Advisory affiliate name — filed text
- GOLDMAN SACHS (ASIA) L.L.C.
- Regulator name — filed text
- HONG KONG SECURITIES AND FUTURES COMMISSION
- Monetary/Fine Amount — filed text
- $ 350,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GS ASIA PAID A FINANCIAL PENALTY IN THE AMOUNT OF $350,000,000 IN CONNECTION WITH THE SFC STATEMENT.
Other filed details
Description of allegations — filed text
THE HONG KONG SECURITIES AND FUTURES COMMISSION ("HKSFC") ISSUED A STATEMENT OF DISCIPLINARY ACTION (THE "SFC STATEMENT") AGAINST GOLDMAN SACHS (ASIA) L.L.C. ("GS ASIA"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., ON OCTOBER 22, 2020, RELATING TO GS ASIA'S FAILURE TO PROPERLY EXAMINE AND ADDRESS RED FLAGS IN CONNECTION WITH THE 1MALAYSIA DEVELOPMENT BERHAD ("1MDB") TRANSACTIONS AND TO DILIGENTLY SUPERVISE ITS SENIOR PERSONNEL IN CONNECTION WITH THEIR PARTICIPATION IN THE 1MDB TRANSACTIONS.
Sanction detail — filed text
PURSUANT TO THE SFC STATEMENT, THE HKSFC IMPOSED ON GS ASIA A FINANCIAL PENALTY IN THE AMOUNT OF $350,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS (ASIA) L.L.C.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
HONG KONG SECURITIES AND FUTURES COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE HONG KONG SECURITIES AND FUTURES COMMISSION ("HKSFC") ISSUED A STATEMENT OF DISCIPLINARY ACTION (THE "SFC STATEMENT") AGAINST
GOLDMAN SACHS (ASIA) L.L.C. ("GS ASIA"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., ON OCTOBER 22, 2020,
RELATING TO GS ASIA'S FAILURE TO PROPERLY EXAMINE AND ADDRESS RED FLAGS IN CONNECTION WITH THE 1MALAYSIA DEVELOPMENT BERHAD
("1MDB") TRANSACTIONS AND TO DILIGENTLY SUPERVISE ITS SENIOR PERSONNEL IN CONNECTION WITH THEIR PARTICIPATION IN THE 1MDB
TRANSACTIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 350,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE SFC STATEMENT, THE HKSFC IMPOSED ON GS ASIA A FINANCIAL PENALTY IN THE AMOUNT OF $350,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS ASIA PAID A FINANCIAL PENALTY IN THE AMOUNT OF $350,000,000 IN CONNECTION WITH THE SFC STATEMENT.regulatory · block 20GOLDMAN SACHS INTERNATIONALPDF pages 882–884
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- FINANCIAL CONDUCT AUTHORITY
- Monetary/Fine Amount — filed text
- $ 63,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GSI PAID A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000 IN CONNECTION WITH THE FCA NOTICE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS INTERNATIONAL ("GSI"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., RECEIVED ON OCTOBER 22, 2020 A WARNING NOTICE FROM THE UK FINANCIAL CONDUCT AUTHORITY (THE "FCA" AND THE NOTICE, THE "FCA NOTICE"), WHICH CITES GSI'S FAILURE TO (I) ASSESS AND MANAGE THE RISKS ASSOCIATED WITH THE 1MALAYSIA DEVELOPMENT BERHAD TRANSACTIONS; (II) PROPERLY RECORD HOW GSI COMMITTEES ASSESSED AND MANAGED THOSE RISKS AND; (III) RESPOND APPROPRIATELY TO ALLEGATIONS OF BRIBERY AND MISCONDUCT.
Sanction detail — filed text
PURSUANT TO THE FCA NOTICE, THE FCA IMPOSED ON GSI A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL CONDUCT AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
142888
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS INTERNATIONAL ("GSI"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., RECEIVED ON OCTOBER
22, 2020 A WARNING NOTICE FROM THE UK FINANCIAL CONDUCT AUTHORITY (THE "FCA" AND THE NOTICE, THE "FCA NOTICE"), WHICH CITES GSI'S
FAILURE TO (I) ASSESS AND MANAGE THE RISKS ASSOCIATED WITH THE 1MALAYSIA DEVELOPMENT BERHAD TRANSACTIONS; (II) PROPERLY RECORD
HOW GSI COMMITTEES ASSESSED AND MANAGED THOSE RISKS AND; (III) RESPOND APPROPRIATELY TO ALLEGATIONS OF BRIBERY AND MISCONDUCT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 63,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE FCA NOTICE, THE FCA IMPOSED ON GSI A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSI PAID A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000 IN CONNECTION WITH THE FCA NOTICE.regulatory · block 21GOLDMAN SACHS (SINGAPORE) PTEPDF pages 884–886
- Advisory affiliate name — filed text
- GOLDMAN SACHS (SINGAPORE) PTE
- Regulator name — filed text
- SINGAPORE COMMERCIAL AFFAIRS DEPARTMENT
- Monetary/Fine Amount — filed text
- $ 122,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GS SINGAPORE PAID A FINANCIAL PENALTY IN THE AMOUNT OF $122,000,000 IN CONNECTION WITH THE SINGAPORE NOTICE.
Other filed details
Description of allegations — filed text
ON OCTOBER 22, 2020, GOLDMAN SACHS (SINGAPORE) PTE ("GS SINGAPORE") RECEIVED A NOTICE OF CONDITIONAL WARNING FROM THE SINGAPORE COMMERCIAL AFFAIRS DEPARTMENT ("SCAD"), AT THE DIRECTION OF THE SINGAPORE ATTORNEY GENERAL'S CHAMBERS (THE "SINGAPORE NOTICE"), WHICH ALLEGED GS SINGAPORE CORRUPTLY GAVE GRATIFICATION AS A REWARD IN RELATION TO EACH OF THE 1MALAYSIA DEVELOPMENT BERHAD BOND TRANSACTIONS.
Sanction detail — filed text
PURSUANT TO THE SINGAPORE NOTICE, THE SCAD, AT THE DIRECTION OF THE SINGAPORE ATTORNEY GENERAL'S CHAMBERS, ORDERED GS SINGAPORE TO PAY A FINANCIAL PENALTY IN THE AMOUNT OF $122,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS (SINGAPORE)
PTE
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SINGAPORE COMMERCIAL AFFAIRS DEPARTMENT
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
HHQ/DOW/TCK/308392/7
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 22, 2020, GOLDMAN SACHS (SINGAPORE) PTE ("GS SINGAPORE") RECEIVED A NOTICE OF CONDITIONAL WARNING FROM THE SINGAPORE
COMMERCIAL AFFAIRS DEPARTMENT ("SCAD"), AT THE DIRECTION OF THE SINGAPORE ATTORNEY GENERAL'S CHAMBERS (THE "SINGAPORE NOTICE"),
WHICH ALLEGED GS SINGAPORE CORRUPTLY GAVE GRATIFICATION AS A REWARD IN RELATION TO EACH OF THE 1MALAYSIA DEVELOPMENT BERHAD
BOND TRANSACTIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 122,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE SINGAPORE NOTICE, THE SCAD, AT THE DIRECTION OF THE SINGAPORE ATTORNEY GENERAL'S CHAMBERS, ORDERED GS
SINGAPORE TO PAY A FINANCIAL PENALTY IN THE AMOUNT OF $122,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GS SINGAPORE PAID A FINANCIAL PENALTY IN THE AMOUNT OF $122,000,000 IN CONNECTION WITH THE SINGAPORE NOTICE.regulatory · block 22GOLDMAN SACHS INTERNATIONALPDF pages 886–888
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- BANK OF ENGLAND PRUDENTIAL REGULATION AUTHORITY
- Monetary/Fine Amount — filed text
- $ 63,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GSI PAID A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000 IN CONNECTION WITH THE PRA NOTICE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS INTERNATIONAL ("GSI"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., RECEIVED ON OCTOBER 22, 2020 A WARNING NOTICE FROM THE BANK OF ENGLAND PRUDENTIAL REGULATION AUTHORITY (THE "PRA" AND THE WARNING NOTICE, THE "PRA NOTICE"), WHICH CITES GSI'S FAILURE TO (I) ASSESS AND MANAGE THE RISKS ASSOCIATED WITH THE 1MALAYSIA DEVELOPMENT BERHAD TRANSACTIONS; (II) PROPERLY RECORD HOW GSI COMMITTEES ASSESSED AND MANAGED THOSE RISKS; AND (III) RESPOND APPROPRIATELY TO ALLEGATIONS OF BRIBERY AND MISCONDUCT.
Sanction detail — filed text
PURSUANT TO THE PRA NOTICE, THE PRA IMPOSED ON GSI A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BANK OF ENGLAND PRUDENTIAL REGULATION AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
142888
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS INTERNATIONAL ("GSI"), AN INDIRECT WHOLLY OWNED SUBSIDIARY OF THE GOLDMAN SACHS GROUP, INC., RECEIVED ON OCTOBER
22, 2020 A WARNING NOTICE FROM THE BANK OF ENGLAND PRUDENTIAL REGULATION AUTHORITY (THE "PRA" AND THE WARNING NOTICE, THE "PRA
NOTICE"), WHICH CITES GSI'S FAILURE TO (I) ASSESS AND MANAGE THE RISKS ASSOCIATED WITH THE 1MALAYSIA DEVELOPMENT BERHAD
TRANSACTIONS; (II) PROPERLY RECORD HOW GSI COMMITTEES ASSESSED AND MANAGED THOSE RISKS; AND (III) RESPOND APPROPRIATELY TO
ALLEGATIONS OF BRIBERY AND MISCONDUCT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 63,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE PRA NOTICE, THE PRA IMPOSED ON GSI A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSI PAID A FINANCIAL PENALTY IN THE AMOUNT OF $63,000,000 IN CONNECTION WITH THE PRA NOTICE.regulatory · block 23GOLDMAN SACHS (SINGAPORE) PTEPDF pages 888–889
- Advisory affiliate name — filed text
- GOLDMAN SACHS (SINGAPORE) PTE
- Regulator name — filed text
- MONETARY AUTHORITY OF SINGAPORE
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE MSA LETTER REQUIRES GS SINGAPORE TO APPOINT AN INDEPENDENT AUDITOR TO REVIEW THE EFFECTIVENESS AND SUSTAINABILITY OF THE REMEDIAL MEASURES IMPLEMENTED BY GS SINGAPORE FOLLOWING THE MONETARY AUTHORITY OF SINGAPORE'S INSPECTION.
Other filed details
Description of allegations — filed text
ON OCTOBER 22, 2020, GOLDMAN SACHS (SINGAPORE) PTE ("GS SINGAPORE") RECEIVED A LETTER OF DIRECTION FROM THE MONETARY AUTHORITY OF SINGAPORE (THE "MAS LETTER"), REQUIRING GS SINGAPORE TO APPOINT AN INDEPENDENT AUDITOR TO REVIEW THE EFFECTIVENESS AND SUSTAINABILITY OF THE REMEDIAL MEASURES IMPLEMENTED BY GS SINGAPORE FOLLOWING THE MONETARY AUTHORITY OF SINGAPORE'S INSPECTION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS (SINGAPORE)
PTE
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MONETARY AUTHORITY OF SINGAPORE
2.
Principal Sanction:
Other
Other Sanctions:
LETTER OF DIRECTION
3.
Date Initiated (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
6422 5358
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Corporate
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 22, 2020, GOLDMAN SACHS (SINGAPORE) PTE ("GS SINGAPORE") RECEIVED A LETTER OF DIRECTION FROM THE MONETARY AUTHORITY
OF SINGAPORE (THE "MAS LETTER"), REQUIRING GS SINGAPORE TO APPOINT AN INDEPENDENT AUDITOR TO REVIEW THE EFFECTIVENESS AND
SUSTAINABILITY OF THE REMEDIAL MEASURES IMPLEMENTED BY GS SINGAPORE FOLLOWING THE MONETARY AUTHORITY OF SINGAPORE'S INSPECTION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
10/22/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE MSA LETTER REQUIRES GS SINGAPORE TO APPOINT AN INDEPENDENT AUDITOR TO REVIEW THE EFFECTIVENESS AND SUSTAINABILITY OF THE
REMEDIAL MEASURES IMPLEMENTED BY GS SINGAPORE FOLLOWING THE MONETARY AUTHORITY OF SINGAPORE'S INSPECTION.regulatory · block 24GOLDMAN SACHS INTERNATIONALPDF pages 889–891
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- BLOOMBERG SEF LLC
- Monetary/Fine Amount — filed text
- $ 1,250.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE FINE IMPOSED BY BSEF WAS IN THE AMOUNT OF $1,250, WHICH WAS PAID IN FULL BY GSI BY WIRE ON DECEMBER 21, 2020.
Other filed details
Description of allegations — filed text
ON NOVEMBER 11, 2020, BLOOMBERG SEF LLC ("BSEF") NOTIFIED GOLDMAN SACHS INTERNATIONAL ("GSI") THAT IT HAD COMPLETED ITS INQUIRY AND CONCLUDED THAT GSI VIOLATED BSEF RULE 531.A(D) BY SUBMITTING BLOCK TRADES TO BSEF MORE THAN 10 MINUTES AFTER THE TIME THE PARTICIPANTS AGREED TO THE TERMS OF THE BLOCK TRADES. AS THIS WAS GSI'S SECOND SUCH VIOLATION WITHIN A 12-MONTH PERIOD, BSEF IMPOSED A FINE OF $1,250.
Sanction detail — filed text
THE FINE IMPOSED BY BSEF WAS IN THE AMOUNT OF $1,250, WHICH WAS PAID IN FULL BY GSI BY WIRE ON DECEMBER 21, 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BLOOMBERG SEF LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/11/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
SWAPS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 11, 2020, BLOOMBERG SEF LLC ("BSEF") NOTIFIED GOLDMAN SACHS INTERNATIONAL ("GSI") THAT IT HAD COMPLETED ITS INQUIRY
AND CONCLUDED THAT GSI VIOLATED BSEF RULE 531.A(D) BY SUBMITTING BLOCK TRADES TO BSEF MORE THAN 10 MINUTES AFTER THE TIME THE
PARTICIPANTS AGREED TO THE TERMS OF THE BLOCK TRADES. AS THIS WAS GSI'S SECOND SUCH VIOLATION WITHIN A 12-MONTH PERIOD, BSEF
IMPOSED A FINE OF $1,250.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
12/21/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,250.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FINE IMPOSED BY BSEF WAS IN THE AMOUNT OF $1,250, WHICH WAS PAID IN FULL BY GSI BY WIRE ON DECEMBER 21, 2020.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FINE IMPOSED BY BSEF WAS IN THE AMOUNT OF $1,250, WHICH WAS PAID IN FULL BY GSI BY WIRE ON DECEMBER 21, 2020.regulatory · block 25GOLDMAN SACHS INTERNATIONALPDF pages 891–893
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG
- Monetary/Fine Amount — filed text
- $ 1,614.50
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE AKK IMPOSED A FINE ON GSI IN THE AMOUNT OF HUF 500,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 27, 2020.
Other filed details
Description of allegations — filed text
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2020, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
Sanction detail — filed text
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2020, GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/09/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Government
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2020,
GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY
CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
10/27/2020
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,614.50
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
AKK ÁLLAMADÓSSÁG KEZELO KÖZPONT ZÁRTKÖRUEN MUKÖDO RÉSZVÉNYTÁRSASÁG ALLEGED THAT DURING THE MONTH OF SEPTEMBER 2020,
GOLDMAN SACHS INTERNATIONAL ("GSI") FAILED TO MEET ITS PRIMARY DEALER QUOTING OBLIGATIONS IN ACCORDANCE WITH THE AGENCY
CONTRACT BETWEEN GSI AND AKK AND THE RELEVANT MARKET MAKING RULES.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE AKK IMPOSED A FINE ON GSI IN THE AMOUNT OF HUF 500,000, WHICH WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 27, 2020.regulatory · block 26PDF pages 893–895
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 1,250,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (THE "AWC") WITH FINRA ON JANUARY 22, 2021, PURSUANT TO WHICH THE FIRM CONSENTED TO (I) A CENSURE; (II) A FINE IN THE AMOUNT OF $1,250,000, WHICH WAS PAID IN FULL BY WIRE ON FEBRUARY 9, 2021; AND (III) AN UNDERTAKING TO REVIEW THE FIRM'S SYSTEMS AND PROCEDURES REGARDING THE IDENTIFICATION, FINGERPRINTING, AND SCREENING OF NON-REGISTERED ASSOCIATED PERSONS, ALONG WITH A WRITTEN STATEMENT WITHIN 60 DAYS OF THE AWC DESCRIBING THE METHODOLOGY USED TO CONDUCT THE REVIEW AND CERTIFYING THAT THE FIRM HAS ADOPTED AND IMPLEMENTED POLICIES AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT LAWS AND RULES, AS SET FORTH IN THE AWC.
Other filed details
Description of allegations — filed text
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") ALLEGED THAT BETWEEN THE PERIOD OF JANUARY 2015 AND NOVEMBER 2019, GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED (I) SECTION 17(F)(2) OF THE SECURITIES AND EXCHANGE ACT OF 1934 (THE "EXCHANGE ACT") AND FINRA RULE 2010, FOR FAILING TO FINGERPRINT 1,061 ASSOCIATED, NON-REGISTERED INDIVIDUALS; (II) ARTICLE III, SECTION 3(B) OF THE FINRA BY- LAWS, FOR ALLOWING TWO INDIVIDUALS TO BE ASSOCIATED WITH THE FIRM WHO WERE SUBJECT TO STATUTORY DISQUALIFICATION; (III) 17(A)(3) OF THE EXCHANGE ACT AND FINRA RULES 4511 AND 2010, FOR FAILURE TO MAINTAIN ADEQUATE RECORDS OF FINGERPRINTING; AND (IV) FINRA RULES 3110 (A) AND (B) AND 2010, FOR FAILING TO MAINTAIN A SUPERVISORY SYSTEM AND WRITTEN SUPERVISORY PROCEDURES DESIGNED TO ENSURE FINGERPRINT SCREENING OF CERTAIN POPULATIONS OF NON-REGISTERED ASSOCIATED INDIVIDUALS (NAMELY EMPLOYEES WHO TRANSFERRED TO THE FIRM FROM FOREIGN OFFICES AND EMPLOYEES WHO JOINED THE FIRM AS A RESULT OF AN ACQUISITION).
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,250,000, WHICH WAS PAID IN FULL BY WIRE ON FEBRUARY 9, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE; UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
08/16/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2018059113701
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. ("FINRA") ALLEGED THAT BETWEEN THE PERIOD OF JANUARY 2015 AND NOVEMBER 2019,
GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED (I) SECTION 17(F)(2) OF THE SECURITIES AND EXCHANGE ACT OF 1934 (THE "EXCHANGE ACT") AND
FINRA RULE 2010, FOR FAILING TO FINGERPRINT 1,061 ASSOCIATED, NON-REGISTERED INDIVIDUALS; (II) ARTICLE III, SECTION 3(B) OF THE FINRA BY-
LAWS, FOR ALLOWING TWO INDIVIDUALS TO BE ASSOCIATED WITH THE FIRM WHO WERE SUBJECT TO STATUTORY DISQUALIFICATION; (III) 17(A)(3)
OF THE EXCHANGE ACT AND FINRA RULES 4511 AND 2010, FOR FAILURE TO MAINTAIN ADEQUATE RECORDS OF FINGERPRINTING; AND (IV) FINRA
RULES 3110 (A) AND (B) AND 2010, FOR FAILING TO MAINTAIN A SUPERVISORY SYSTEM AND WRITTEN SUPERVISORY PROCEDURES DESIGNED TO
ENSURE FINGERPRINT SCREENING OF CERTAIN POPULATIONS OF NON-REGISTERED ASSOCIATED INDIVIDUALS (NAMELY EMPLOYEES WHO
TRANSFERRED TO THE FIRM FROM FOREIGN OFFICES AND EMPLOYEES WHO JOINED THE FIRM AS A RESULT OF AN ACQUISITION).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
01/22/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,250,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM CONSENTED TO A FINE IN THE AMOUNT OF $1,250,000, WHICH WAS PAID IN FULL
BY WIRE ON FEBRUARY 9, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE VIOLATIONS, THE FIRM ENTERED INTO A LETTER OF ACCEPTANCE, WAIVER AND CONSENT (THE "AWC") WITH
FINRA ON JANUARY 22, 2021, PURSUANT TO WHICH THE FIRM CONSENTED TO (I) A CENSURE; (II) A FINE IN THE AMOUNT OF $1,250,000, WHICH WAS
PAID IN FULL BY WIRE ON FEBRUARY 9, 2021; AND (III) AN UNDERTAKING TO REVIEW THE FIRM'S SYSTEMS AND PROCEDURES REGARDING THE
IDENTIFICATION, FINGERPRINTING, AND SCREENING OF NON-REGISTERED ASSOCIATED PERSONS, ALONG WITH A WRITTEN STATEMENT WITHIN 60
DAYS OF THE AWC DESCRIBING THE METHODOLOGY USED TO CONDUCT THE REVIEW AND CERTIFYING THAT THE FIRM HAS ADOPTED AND
IMPLEMENTED POLICIES AND PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT LAWS AND RULES, AS SET FORTH
IN THE AWC.regulatory · block 27PDF pages 895–897
- Regulator name — filed text
- FINANSTILSYNET, THE FINANCIAL SUPERVISORY AUTHORITY OF NORWAY
- Monetary/Fine Amount — filed text
- $ 41,939.27
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ON FEBRUARY 24, 2021, FINANSTILSYNET IMPOSED A VIOLATION PENALTY OF NOK 350,000 (APPROXIMATELY USD 41,939.27). THE FINE WAS PAID IN FULL BY WIRE SUBMISSION ON JUNE 15, 2021.
Other filed details
Description of allegations — filed text
ON FEBRUARY 24, 2021, FINANSTILSYNET, THE FINANCIAL SUPERVISORY AUTHORITY OF NORWAY CONCLUDED THAT GOLDMAN SACHS GROUP, INC., GOLDMAN SACHS INTERNATIONAL, AND GOLDMAN SACHS & CO. LLC VIOLATED THE NOTIFICATION REQUIREMENT UNDER SECTION 3-14 OF THE NORWEGIAN SECURITIES TRADING ACT, CF. REGULATION (EU) NO 236/2012 ("SSR") ARTICLE 5, CF. ARTICLE 9, BY NOT NOTIFYING FINANSTILSYNET OF NET SHORT POSITIONS WITHIN THE TIME LIMIT LAID IN ACCORDANCE WITH SSR.
Sanction detail — filed text
ON FEBRUARY 24, 2021, FINANSTILSYNET IMPOSED A VIOLATION PENALTY OF NOK 350,000 (APPROXIMATELY USD 41,939.27). THE FINE WAS PAID IN FULL BY WIRE SUBMISSION ON JUNE 15, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS GROUP, INC.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANSTILSYNET, THE FINANCIAL SUPERVISORY AUTHORITY OF NORWAY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/24/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20/4962
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON FEBRUARY 24, 2021, FINANSTILSYNET, THE FINANCIAL SUPERVISORY AUTHORITY OF NORWAY CONCLUDED THAT GOLDMAN SACHS GROUP, INC.,
GOLDMAN SACHS INTERNATIONAL, AND GOLDMAN SACHS & CO. LLC VIOLATED THE NOTIFICATION REQUIREMENT UNDER SECTION 3-14 OF THE
NORWEGIAN SECURITIES TRADING ACT, CF. REGULATION (EU) NO 236/2012 ("SSR") ARTICLE 5, CF. ARTICLE 9, BY NOT NOTIFYING FINANSTILSYNET OF
NET SHORT POSITIONS WITHIN THE TIME LIMIT LAID IN ACCORDANCE WITH SSR.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/15/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 41,939.27
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON FEBRUARY 24, 2021, FINANSTILSYNET IMPOSED A VIOLATION PENALTY OF NOK 350,000 (APPROXIMATELY USD 41,939.27). THE FINE WAS
PAID IN FULL BY WIRE SUBMISSION ON JUNE 15, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON FEBRUARY 24, 2021, FINANSTILSYNET IMPOSED A VIOLATION PENALTY OF NOK 350,000 (APPROXIMATELY USD 41,939.27). THE FINE WAS PAID IN
FULL BY WIRE SUBMISSION ON JUNE 15, 2021.regulatory · block 28PDF pages 897–899
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $20,000, WHICH GSCO PAID BY INVOICE IN JUNE 2021.
Other filed details
Description of allegations — filed text
ON APRIL 5, 2021, ICE CLEAR CREDIT LLC ALLEGED THAT DURING MARCH 2021, IN ONE INSTANCE, GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED ICE CLEAR CREDIT RULE 404(B) BY FAILING TO SUBMIT FORTY-FIVE SINGLE NAME PRICES ON A TIMELY BASIS.
Sanction detail — filed text
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $20,000, WHICH GSCO PAID BY INVOICE IN JUNE 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/05/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2021-404B-004
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 5, 2021, ICE CLEAR CREDIT LLC ALLEGED THAT DURING MARCH 2021, IN ONE INSTANCE, GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED
ICE CLEAR CREDIT RULE 404(B) BY FAILING TO SUBMIT FORTY-FIVE SINGLE NAME PRICES ON A TIMELY BASIS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/05/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $20,000, WHICH GSCO PAID BY INVOICE IN JUNE 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $20,000, WHICH GSCO PAID BY INVOICE IN JUNE 2021.regulatory · block 29GOLDMAN SACHS INTERNATIONALPDF pages 899–900
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $40,000, WHICH GSI PAID BY INVOICE IN JUNE 2021.
Other filed details
Description of allegations — filed text
ON APRIL 5, 2021, ICE CLEAR CREDIT LLC ALLEGED THAT DURING MARCH 2021, IN ONE INSTANCE, GOLDMAN SACHS INTERNATIONAL ("GSI") VIOLATED ICE CLEAR CREDIT RULE 404(B), BY FAILING TO SUBMIT EIGHTY-ONE SINGLE NAME PRICES ON A TIMELY BASIS.
Sanction detail — filed text
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $40,000, WHICH GSI PAID BY INVOICE IN JUNE 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/05/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2021-404B-005
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 5, 2021, ICE CLEAR CREDIT LLC ALLEGED THAT DURING MARCH 2021, IN ONE INSTANCE, GOLDMAN SACHS INTERNATIONAL ("GSI") VIOLATED
ICE CLEAR CREDIT RULE 404(B), BY FAILING TO SUBMIT EIGHTY-ONE SINGLE NAME PRICES ON A TIMELY BASIS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/05/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 40,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $40,000, WHICH GSI PAID BY INVOICE IN JUNE 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE CLEAR CREDIT LLC IMPOSED A FINE OF $40,000, WHICH GSI PAID BY INVOICE IN JUNE 2021.regulatory · block 30GOLDMAN SACHS INTERNATIONALPDF pages 900–902
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- EUREX DEUTSCHLAND
- Monetary/Fine Amount — filed text
- $ 854.55
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
EUREX DEUTSCHLAND INITITATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") ON APRIL 20, 2021 AND ISSUED A SUMMARY FINE OF EURO 1,000 (APPROXIMATELY USD 854.55) TO GSI, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 18, 2021.
Other filed details
Description of allegations — filed text
EUREX DEUTSCHLAND INTITIATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") AND A GSI SALES TRADER ON APRIL 20, 2021 IN RELATION TO FOUR REQUESTS FOR CROSS IN THE EUREX PRODUCT ADIDAS DEC23 WITHOUT SUBSEQUENT ENTRY OR A CORRESPONDING TRADE OR ORDER. EUREX DEUTSCHLAND ALLEGES THAT SUBMISSION OF THE CROSS REQUESTS WAS IN VIOLATION OF NUMBER 2.6 OF THE EXCHANGE RULES OF EUREX DEUTSCHLAND.
Sanction detail — filed text
EUREX DEUTSCHLAND INITITATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") ON APRIL 20, 2021 AND ISSUED A SUMMARY FINE OF EURO 1,000 (APPROXIMATELY USD 854.55) TO GSI, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 18, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
EUREX DEUTSCHLAND
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/20/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2021/10
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
EUREX DEUTSCHLAND INTITIATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") AND A GSI SALES TRADER ON APRIL 20,
2021 IN RELATION TO FOUR REQUESTS FOR CROSS IN THE EUREX PRODUCT ADIDAS DEC23 WITHOUT SUBSEQUENT ENTRY OR A CORRESPONDING
TRADE OR ORDER. EUREX DEUTSCHLAND ALLEGES THAT SUBMISSION OF THE CROSS REQUESTS WAS IN VIOLATION OF NUMBER 2.6 OF THE EXCHANGE
RULES OF EUREX DEUTSCHLAND.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/18/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 854.55
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
EUREX DEUTSCHLAND INITITATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") ON APRIL 20, 2021 AND ISSUED
A SUMMARY FINE OF EURO 1,000 (APPROXIMATELY USD 854.55) TO GSI, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 18, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
EUREX DEUTSCHLAND INITITATED SANCTION PROCEEDINGS AGAINST GOLDMAN SACHS INTERNATIONAL ("GSI") ON APRIL 20, 2021 AND ISSUED A
SUMMARY FINE OF EURO 1,000 (APPROXIMATELY USD 854.55) TO GSI, WHICH WAS PAID BY SUBMISSION OF A WIRE ON AUGUST 18, 2021.regulatory · block 31PDF pages 902–904
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 20, 2021.
Other filed details
Description of allegations — filed text
ON MAY 19, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") TRADE DATA REVIEWED DURING ITS AUDIT OF TRADE DATES DECEMBER 2, 2020 THROUGH JANUARY 29, 2021 REFLECTED A COMPUTERIZED TRADE RECONSTRUCTION ERROR RATE IN EXCESS OF THE APPLICABLE 10% THRESHOLD LEVELS, SET FORTH IN CME RULE 536.F.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 20, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/26/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
21-0605
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 19, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO")
TRADE DATA REVIEWED DURING ITS AUDIT OF TRADE DATES DECEMBER 2, 2020 THROUGH JANUARY 29, 2021 REFLECTED A COMPUTERIZED TRADE
RECONSTRUCTION ERROR RATE IN EXCESS OF THE APPLICABLE 10% THRESHOLD LEVELS, SET FORTH IN CME RULE 536.F.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
05/20/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 20, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 20, 2021.regulatory · block 32GOLDMAN SACHS INTERNATIONALPDF pages 904–906
- Advisory affiliate name — filed text
- GOLDMAN SACHS INTERNATIONAL
- Regulator name — filed text
- SWISS FEDERAL DEPARTMENT OF FINANCE
- Monetary/Fine Amount — filed text
- $ 3,997.76
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
THE SWISS FEDERAL DEPARTMENT OF FINANCE ISSUED A FINE OF CHF 3640 (APPROXIMATELY USD 3997.76) WHICH WAS PAID BY A SUBMISSION OF A WIRE ON NOVEMBER 10, 2021.
Other filed details
Description of allegations — filed text
ON JUNE 16, 2021, THE SWISS FEDERAL DEPARTMENT OF FINANCE CONCLUDED THEIR ADMINISTRATIVE CRIMINAL INVESTIGATION AND DETERMINED THAT GOLDMAN SACHS INTERNATIONAL ("GSI") VIOLATED THE DISCLOSURE REQUIREMENTS OF ARTICLE 151 AND ARTICLE 134 OF THE FINANCIAL MARKET INFRASTRUCTURES ACT, BY SUBMITTING LATE NOTICES FOR TWELVE TRANSACTIONS EXECUTED DURING AN ONGOING TENDER OFFER OF A SWISS ISSUER.
Sanction detail — filed text
THE SWISS FEDERAL DEPARTMENT OF FINANCE ISSUED A FINE OF CHF 3640 (APPROXIMATELY USD 3997.76) WHICH WAS PAID BY A SUBMISSION OF A WIRE ON NOVEMBER 10, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWISS FEDERAL DEPARTMENT OF FINANCE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/16/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
442 2-629
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JUNE 16, 2021, THE SWISS FEDERAL DEPARTMENT OF FINANCE CONCLUDED THEIR ADMINISTRATIVE CRIMINAL INVESTIGATION AND DETERMINED
THAT GOLDMAN SACHS INTERNATIONAL ("GSI") VIOLATED THE DISCLOSURE REQUIREMENTS OF ARTICLE 151 AND ARTICLE 134 OF THE FINANCIAL
MARKET INFRASTRUCTURES ACT, BY SUBMITTING LATE NOTICES FOR TWELVE TRANSACTIONS EXECUTED DURING AN ONGOING TENDER OFFER OF A
SWISS ISSUER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/10/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,997.76
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SWISS FEDERAL DEPARTMENT OF FINANCE ISSUED A FINE OF CHF 3640 (APPROXIMATELY USD 3997.76) WHICH WAS PAID BY A SUBMISSION
OF A WIRE ON NOVEMBER 10, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SWISS FEDERAL DEPARTMENT OF FINANCE ISSUED A FINE OF CHF 3640 (APPROXIMATELY USD 3997.76) WHICH WAS PAID BY A SUBMISSION OF A
WIRE ON NOVEMBER 10, 2021.regulatory · block 33PDF pages 906–908
- Regulator name — filed text
- COMISSAO DE VALORES MOBILIARIOS (CVM)
- Monetary/Fine Amount — filed text
- $ 1,454,941.55
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS BRAZIL, GSI, AND MR. SILVA ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2021 WITH THE CVM FOR A TOTAL AMOUNT OF BRAZILIAN REAIS 7,480,000 (APPROXIMATELY USD 1,454,941.55), WHICH WAS PAID BY A WIRE SUBMISSION ON AUGUST 5, 2021.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS DO BRASIL BANCO MULTIPLO S.A. ("GS BRAZIL"), GOLDMAN SACHS INTERNATIONAL ("GSI"), AND DANIEL MOTTA CAMARGO SILVA, A DIRECTOR OF THE TRADING DESK (FICC) OF GS BRAZIL, SUBMITTED A SETTLEMENT PROPOSAL THAT WAS ACCEPTED BY THE COMISSAO DE VALORES MOBILIARIOS ("CVM") BOARD OF COMMISSIONERS. THE SETTLEMENT RESOLVED ALLEGATIONS THAT BETWEEN JANUARY 1, 2018 AND DECEMBER 31, 2019, GSI AND GS BRAZIL CREATED ARTIFICIAL CONDITIONS OF DEMAND, OFFER, OR PRICE BY CROSSING IN THE BRAZILIAN EXCHANGE DI X US DOLLAR SPREAD FUTURES IN VIOLATION OF CVM INSTRUCTION N. 08/79.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS BRAZIL, GSI, AND MR. SILVA ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2021 WITH THE CVM FOR A TOTAL AMOUNT OF BRAZILIAN REAIS 7,480,000 (APPROXIMATELY USD 1,454,941.55), WHICH WAS PAID BY A WIRE SUBMISSION ON AUGUST 5, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS DO BRASIL
BANCO MULTIPLO S.A.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS
INTERNATIONAL
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMISSAO DE VALORES MOBILIARIOS (CVM)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
06/01/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
19957.000791/2020-59
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Financial
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS DO BRASIL BANCO MULTIPLO S.A. ("GS BRAZIL"), GOLDMAN SACHS INTERNATIONAL ("GSI"), AND DANIEL MOTTA CAMARGO SILVA, A
DIRECTOR OF THE TRADING DESK (FICC) OF GS BRAZIL, SUBMITTED A SETTLEMENT PROPOSAL THAT WAS ACCEPTED BY THE COMISSAO DE VALORES
MOBILIARIOS ("CVM") BOARD OF COMMISSIONERS. THE SETTLEMENT RESOLVED ALLEGATIONS THAT BETWEEN JANUARY 1, 2018 AND DECEMBER 31,
2019, GSI AND GS BRAZIL CREATED ARTIFICIAL CONDITIONS OF DEMAND, OFFER, OR PRICE BY CROSSING IN THE BRAZILIAN EXCHANGE DI X US
DOLLAR SPREAD FUTURES IN VIOLATION OF CVM INSTRUCTION N. 08/79.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
07/22/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,454,941.55
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS BRAZIL, GSI, AND MR. SILVA ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22,
2021 WITH THE CVM FOR A TOTAL AMOUNT OF BRAZILIAN REAIS 7,480,000 (APPROXIMATELY USD 1,454,941.55), WHICH WAS PAID BY A WIRE
SUBMISSION ON AUGUST 5, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GS BRAZIL, GSI, AND MR. SILVA ENTERED INTO A SETTLEMENT AGREEMENT ON JULY 22, 2021
WITH THE CVM FOR A TOTAL AMOUNT OF BRAZILIAN REAIS 7,480,000 (APPROXIMATELY USD 1,454,941.55), WHICH WAS PAID BY A WIRE SUBMISSION
ON AUGUST 5, 2021.regulatory · block 34PDF pages 908–910
- Regulator name — filed text
- ICE FUTURES EUROPE
- Monetary/Fine Amount — filed text
- $ 14,436.56
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ICE ISSUED A SUMMARY FINE OF EURO 17,500 TO GSCO, WHICH WAS PAID ON JUNE 3, 2021.
Other filed details
Description of allegations — filed text
IN A NOTICE DATED MAY 26, 2021, ICE FUTURES EUROPE ("ICE") FOUND THAT GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED ICE RULE P.3 BECAUSE A GSCO CLIENT HELD A POSITION OVER THE POSITION LIMIT IN FEBRUARY 2021 WTI CRUDE FUTURES AT THE CLOSE OF BUSINESS ON JANUARY 14, 2021, WITHOUT AN EXEMPTION.
Sanction detail — filed text
ICE ISSUED A SUMMARY FINE OF EURO 17,500 TO GSCO, WHICH WAS PAID ON JUNE 3, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES EUROPE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/26/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
16622
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE DATED MAY 26, 2021, ICE FUTURES EUROPE ("ICE") FOUND THAT GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED ICE RULE P.3 BECAUSE
A GSCO CLIENT HELD A POSITION OVER THE POSITION LIMIT IN FEBRUARY 2021 WTI CRUDE FUTURES AT THE CLOSE OF BUSINESS ON JANUARY 14,
2021, WITHOUT AN EXEMPTION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/03/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 14,436.56
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ICE ISSUED A SUMMARY FINE OF EURO 17,500 TO GSCO, WHICH WAS PAID ON JUNE 3, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ICE ISSUED A SUMMARY FINE OF EURO 17,500 TO GSCO, WHICH WAS PAID ON JUNE 3, 2021.regulatory · block 35PDF pages 910–911
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
- Monetary/Fine Amount — filed text
- $ 50,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON MAY 27, 2021, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN THE AMOUNT OF $50,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON JULY 7, 2021.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO") SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS ACCEPTED BY THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") AND BECAME FINAL ON MAY 27, 2021. THE AWC RESOLVED ALLEGED VIOLATIONS OF FINRA RULES 7230A(G)(2), 7330(G)(2), AND 2010 DURING VARIOUS TIME PERIODS BETWEEN JANUARY 2015 AND JUNE 2019. THE AWC STATES THAT GSCO FAILED TO REPORT TIMELY OR OVER-REPORTED CERTAIN TRANSACTIONS TO THE FINRA/NASDAQ TRADE REPORTING FACILITY AND OTC REPORTING FACILITY.
Sanction detail — filed text
ON MAY 27, 2021, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN THE AMOUNT OF $50,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON JULY 7, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
05/27/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2016049001401
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity - OTC
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO") SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS ACCEPTED BY THE FINANCIAL
INDUSTRY REGULATORY AUTHORITY ("FINRA") AND BECAME FINAL ON MAY 27, 2021. THE AWC RESOLVED ALLEGED VIOLATIONS OF FINRA RULES
7230A(G)(2), 7330(G)(2), AND 2010 DURING VARIOUS TIME PERIODS BETWEEN JANUARY 2015 AND JUNE 2019. THE AWC STATES THAT GSCO FAILED
TO REPORT TIMELY OR OVER-REPORTED CERTAIN TRANSACTIONS TO THE FINRA/NASDAQ TRADE REPORTING FACILITY AND OTC REPORTING FACILITY.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/27/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON MAY 27, 2021, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A
FINE IN THE AMOUNT OF $50,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON JULY 7, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 27, 2021, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN
THE AMOUNT OF $50,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON JULY 7, 2021.regulatory · block 36PDF pages 911–913
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 1,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $1,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 28, 2021.
Other filed details
Description of allegations — filed text
ON JULY 14, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF LISTED FUTURES POSITIONS IN JUNE 2021.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $1,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 28, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/14/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-21-6265
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
y
p
y
g
y
g
y
(
pp
)
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JULY 14, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO")
VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF LISTED FUTURES POSITIONS IN JUNE 2021.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
07/28/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $1,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 28, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $1,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 28, 2021.regulatory · block 37PDF pages 913–915
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 20, 2021.
Other filed details
Description of allegations — filed text
IN A NOTICE DATED AUGUST 10, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") IDENTIFIED A REPORTING INFRACTION RELATED TO A REDUCTION OF OPEN INTEREST OF A FUTURES POSITION BY GOLDMAN SACHS & CO. LLC ("GSCO") IN VIOLATION OF RULE 854, CONCURRENT LONG AND SHORT POSITIONS.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 20, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/10/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-21-6304
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
IN A NOTICE DATED AUGUST 10, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") IDENTIFIED A REPORTING
INFRACTION RELATED TO A REDUCTION OF OPEN INTEREST OF A FUTURES POSITION BY GOLDMAN SACHS & CO. LLC ("GSCO") IN VIOLATION OF RULE
854, CONCURRENT LONG AND SHORT POSITIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/20/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 20, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 20, 2021.regulatory · block 38PDF pages 915–917
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 2,500.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON NOVEMBER 23, 2021.
Other filed details
Description of allegations — filed text
ON NOVEMBER 11, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON SIX TRADE DATES IN POSITIONS IN OCTOBER 2021.
Sanction detail — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON NOVEMBER 23, 2021.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/11/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-21-6403
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 11, 2021, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC
("GSCO") VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON
SIX TRADE DATES IN POSITIONS IN OCTOBER 2021.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/23/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON NOVEMBER 23, 2021.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $2,500, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON NOVEMBER 23, 2021.regulatory · block 39PDF pages 917–918
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 225,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013, 2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO ARCHIVE.
Other filed details
Description of allegations — filed text
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013, 2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO ARCHIVE. ON DECEMBER 7, 2021, GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") RECEIVED A NOTICE FROM FINRA'S DEPARTMENT OF ENFORCEMENT, ON BEHALF OF CBOE EXCHANGE, INC. ("CBOE") AND OTHER EXCHANGES. DURING GSCO'S 2019 CYCLE OPTIONS EXAMINATION, THEY IDENTIFIED A POTENTIAL VIOLATION RELATING TO THE FIRM'S FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM RELATED TO THE RECORDING OF TRANSMITTAL TIMES FOR OPTIONS ORDERS MANUALLY ROUTED TO FLOOR BROKERS.
Sanction detail — filed text
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013, 2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO ARCHIVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/07/2021
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
20190610611
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013,
2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO ARCHIVE.
ON DECEMBER 7, 2021, GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") RECEIVED A NOTICE FROM FINRA'S DEPARTMENT OF ENFORCEMENT, ON
BEHALF OF CBOE EXCHANGE, INC. ("CBOE") AND OTHER EXCHANGES. DURING GSCO'S 2019 CYCLE OPTIONS EXAMINATION, THEY IDENTIFIED A
POTENTIAL VIOLATION RELATING TO THE FIRM'S FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM RELATED TO THE
RECORDING OF TRANSMITTAL TIMES FOR OPTIONS ORDERS MANUALLY ROUTED TO FLOOR BROKERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 225,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013,
2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO
ARCHIVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MATTER WAS FINALIZED AND DISCLOSED IN FORM BD AMENDMENTS - SEE OCCURRENCE ID NUMBERS 2207388, 2198938, 2198016, 2198013,
2197898, 2197896, 2197884, 2197741, 2196513, 2196512, 2196511, 2196510, 2193636, 2193625, AND 2193582. PLEASE MOVE DRP TO ARCHIVE.regulatory · block 40PDF pages 918–920
- Regulator name — filed text
- MIAX PEARL, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAX PEARL, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MIAX PEARL, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061110
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
y
p
y
g
y
g
y
(
pp
)
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAX PEARL, LLC,
AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 41PDF pages 920–922
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- How was matter resolved — filed text
- Other
Action status / disposition — filed text
MATTER WAS FINALIZED WITH A WARNING LETTER AND IS NO LONGER REPORTABLE. PLEASE MOVE DRP TO ARCHIVE.
Other filed details
Description of allegations — filed text
MATTER WAS FINALIZED WITH A WARNING LETTER AND IS NO LONGER REPORTABLE. PLEASE MOVE DRP TO ARCHIVE. ON FEBRUARY 23, 2022, ICE CLEAR CREDIT LLC ("ICE") ALLEGED THAT A GOLDMAN SACHS & CO. LLC ("GSCO") MARGIN CALL PAYMENT WAS RECEIVED NINE MINUTES AFTER THE REQUIRED DEADLINE RESULTING IN A TECHNICAL DEFAULT IN VIOLATION OF ICE CLEAR CREDIT RULE 401(I).4
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Other
Other Sanctions:
MATTER WAS FINALIZED WITH A WARNING LETTER AND IS NO LONGER REPORTABLE. PLEASE MOVE DRP TO ARCHIVE.
3.
Date Initiated (MM/DD/YYYY):
02/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022-401I-001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
MATTER WAS FINALIZED WITH A WARNING LETTER AND IS NO LONGER REPORTABLE. PLEASE MOVE DRP TO ARCHIVE. ON FEBRUARY 23, 2022, ICE
CLEAR CREDIT LLC ("ICE") ALLEGED THAT A GOLDMAN SACHS & CO. LLC ("GSCO") MARGIN CALL PAYMENT WAS RECEIVED NINE MINUTES AFTER THE
REQUIRED DEADLINE RESULTING IN A TECHNICAL DEFAULT IN VIOLATION OF ICE CLEAR CREDIT RULE 401(I).4
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
pp
g
y
pp
(
)
pp
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Other
11. Resolution Date (MM/DD/YYYY):
05/19/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
MATTER WAS FINALIZED WITH A WARNING LETTER AND IS NO LONGER REPORTABLE. PLEASE MOVE DRP TO ARCHIVE.regulatory · block 42PDF pages 922–924
- Regulator name — filed text
- NASDAQ GEMX, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ GEMX, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ GEMX, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061103
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ GEMX,
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 43PDF pages 924–926
- Regulator name — filed text
- NASDAQ MRX, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ MRX, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ MRX, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061106
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ MRX,
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 44PDF pages 926–927
- Regulator name — filed text
- NASDAQ OPTIONS MARKET
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ OPTIONS MARKET, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ OPTIONS MARKET
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061101
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ
OPTIONS MARKET, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO
DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE
APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 45PDF pages 927–929
- Regulator name — filed text
- NASDAQ ISE, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ ISE, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ ISE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061104
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ ISE,
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 46PDF pages 929–931
- Regulator name — filed text
- NASDAQ PHLX LLC
- Monetary/Fine Amount — filed text
- $ 80,750.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ PHLX, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO COMPLY WITH RECORDKEEPING REQUIREMENTS AND FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3 OF THE SECURITIES EXCHANGE ACT OF 1934, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT, DURING THE PERIOD OF JANUARY 2017 - DECEMBER 2020, GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ PHLX LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061105
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NASDAQ PHLX,
AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO COMPLY WITH RECORDKEEPING REQUIREMENTS AND FAILED TO
ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3 OF THE SECURITIES
EXCHANGE ACT OF 1934, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT, DURING THE PERIOD OF JANUARY 2017 - DECEMBER 2020,
GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY
THE APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 80,750.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 47PDF pages 931–933
- Regulator name — filed text
- NYSE AMERICAN LLC
- Monetary/Fine Amount — filed text
- $ 3,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NYSE AMERICAN LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE AMERICAN LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061108
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NYSE AMERICAN
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 48PDF pages 933–934
- Regulator name — filed text
- BOX EXCHANGE LLC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF BOX EXCHANGE LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
BOX EXCHANGE LLC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061102
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF BOX EXCHANGE
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/24/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 49PDF pages 934–936
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 75,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $75,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON JULY 25, 2022.
Other filed details
Description of allegations — filed text
ON MARCH 17, 2022, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") REVIEWED GOLDMAN SACHS & CO. LLC'S ("GSCO") RISK BASED EXAMINATION REPORT AND THE FIRM'S RESPONSE, AND ISSUED A CHARGE LETTER DATED MARCH 18, 2022, WHICH ALLEGES THAT GSCO VIOLATED CBOT RULE 930.E.3 IN REGARDS TO MAINTAINING SUFFICIENT WRITTEN PERFORMANCE BOND RECORDS.
Sanction detail — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $75,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON JULY 25, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/18/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
22-CH-2203
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
y
p
y
g
y
g
y
(
pp
)
6.
Principal Product Type:
Other
Other Product Types:
PERFORMANCE BONDS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 17, 2022, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") REVIEWED GOLDMAN SACHS & CO. LLC'S ("GSCO")
RISK BASED EXAMINATION REPORT AND THE FIRM'S RESPONSE, AND ISSUED A CHARGE LETTER DATED MARCH 18, 2022, WHICH ALLEGES THAT GSCO
VIOLATED CBOT RULE 930.E.3 IN REGARDS TO MAINTAINING SUFFICIENT WRITTEN PERFORMANCE BOND RECORDS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
07/25/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 75,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS
BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $75,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT
ON JULY 25, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS
BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $75,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON
JULY 25, 2022.regulatory · block 50PDF pages 936–938
- Regulator name — filed text
- CBOE C2 EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE C2 EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE C2 EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190610611-13 / FILE NOS. USE-2251-02 & URE-39-02
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE C2
EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO
DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE
APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 51PDF pages 938–940
- Regulator name — filed text
- NYSE ARCA, INC.
- Monetary/Fine Amount — filed text
- $ 80,750.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NYSE ARCA, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO COMPLY WITH RECORDKEEPING REQUIREMENTS AND FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3 OF THE SECURITIES EXCHANGE ACT OF 1934, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT, DURING THE PERIOD OF JANUARY 2017 - DECEMBER 2020, GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE ARCA, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061107
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF NYSE ARCA, INC.,
AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO COMPLY WITH RECORDKEEPING REQUIREMENTS AND FAILED TO
ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3 OF THE SECURITIES
EXCHANGE ACT OF 1934, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT, DURING THE PERIOD OF JANUARY 2017 - DECEMBER 2020,
GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY
THE APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 80,750.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 52PDF pages 940–942
- Regulator name — filed text
- CBOE BZX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE BZX EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
y
g
g
y
y
y
(
)
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BZX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190610611-15 / FILE NOS. USE-2251-03 & URE-39-03
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE BZX
EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO
DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE
APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 53PDF pages 942–943
- Regulator name — filed text
- CBOE EDGX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE EDGX EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE EDGX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190610611-12 / FILE NOS. USE-2251-04 & URE-39-04
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE EDGX
EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO
DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE
APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 54PDF pages 943–945
- Regulator name — filed text
- CBOE EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190610611-14 / FILE NOS. USE-2251-01 & URE-39-01
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF CBOE
EXCHANGE, INC., AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO
DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE
APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 55PDF pages 945–947
- Regulator name — filed text
- MIAX EMERALD, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAX EMERALD, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MIAX EMERALD, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061109
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAX EMERALD,
LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY
DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT
SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE
RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 56PDF pages 947–949
- Regulator name — filed text
- MIAMI INTERNATIONAL SECURITIES EXCHANGE, LLC
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Other filed details
Description of allegations — filed text
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAMI INTERNATIONAL SECURITIES EXCHANGE, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
Sanction detail — filed text
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE AMOUNT OF $225,000.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
MIAMI INTERNATIONAL SECURITIES EXCHANGE, LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/23/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061061111
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON THE BACK OF AN ESCALATION FROM A TRADING AND FINANCIAL COMPLIANCE EXAM, FINRA ENFORCEMENT FOUND, ON BEHALF OF MIAMI
INTERNATIONAL SECURITIES EXCHANGE, LLC, AND OTHER EXCHANGES, THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO ESTABLISH AND
MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF RULE 17A-3, AND THE RELEVANT EXCHANGE
RULES. FINRA HAS ALLEGED THAT GSCO DID NOT SYSTEMATICALLY RECORD TIMESTAMPS ON OPTIONS ORDERS THAT WERE ROUTED MANUALLY TO
FLOOR BROKERS, AS REQUIRED BY THE APPLICABLE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING TO OR DENYING THE FINDINGS, GSCO HAS AGREED TO RESOLVE THE MATTER WITH THE EXCHANGES FOR AN AGGREGATE
AMOUNT OF $225,000.regulatory · block 57PDF pages 949–951
- Regulator name — filed text
- NATIONAL FUTURES ASSOCIATION
- Monetary/Fine Amount — filed text
- $ 2,500,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
GOLDMAN SACHS & CO. LLC MADE AN OFFER TO SETTLE THE MATTER, WITHOUT ADMITTING OR DENYING LIABILITY, BY PAYING A FINE OF $2,500,000 TO NFA. ON MARCH 31, 2022, THE BCC ACCEPTED THE OFFER, AND ISSUED A DECISION (EFFECTIVE ON APRIL 15, 2022) ORDERING GOLDMAN SACHS & CO. LLC TO PAY A FINE IN THAT AMOUNT. AS PART OF A SIDE LETTER EXECUTED IN CONNECTION WITH THE OFFER, THE FIRM AND NFA ALSO AGREED TO ADDITIONAL TERMS AND CONDITIONS WITH REGARD TO A SEPARATE SET OF ISSUES SELF-DISCLOSED TO NFA.
Other filed details
Description of allegations — filed text
ON MARCH 31, 2022, IN CONJUNCTION WITH ACCEPTING GOLDMAN SACHS & CO. LLC'S OFFER TO SETTLE THE MATTER, THE NFA'S BUSINESS CONDUCT COMMITTEE ("BCC") ISSUED A COMPLAINT AGAINST THE FIRM ALLEGING VIOLATIONS OF NFA RULE 2-49(A), FOR FAILURE TO COMPLY WITH CERTAIN REQUIREMENTS UNDER CFTC REGULATION 23, AND NFA RULE 2-49(B), FOR FAILING TO PROMPTLY SUBMIT ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THE NFA.
Sanction detail — filed text
GOLDMAN SACHS & CO. LLC MADE AN OFFER TO SETTLE THE MATTER, WITHOUT ADMITTING OR DENYING LIABILITY, BY PAYING A FINE OF $2,500,000 TO NFA. ON MARCH 31, 2022, THE BCC ACCEPTED THE OFFER, AND ISSUED A DECISION (EFFECTIVE ON APRIL 15, 2022) ORDERING GOLDMAN SACHS & CO. LLC TO PAY A FINE IN THAT AMOUNT. AS PART OF A SIDE LETTER EXECUTED IN CONNECTION WITH THE OFFER, THE FIRM AND NFA ALSO AGREED TO ADDITIONAL TERMS AND CONDITIONS WITH REGARD TO A SEPARATE SET OF ISSUES SELF-DISCLOSED TO NFA.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NATIONAL FUTURES ASSOCIATION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
UNDERTAKING
3.
Date Initiated (MM/DD/YYYY):
03/31/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
22-BCC-003
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 31, 2022, IN CONJUNCTION WITH ACCEPTING GOLDMAN SACHS & CO. LLC'S OFFER TO SETTLE THE MATTER, THE NFA'S BUSINESS CONDUCT
COMMITTEE ("BCC") ISSUED A COMPLAINT AGAINST THE FIRM ALLEGING VIOLATIONS OF NFA RULE 2-49(A), FOR FAILURE TO COMPLY WITH CERTAIN
REQUIREMENTS UNDER CFTC REGULATION 23, AND NFA RULE 2-49(B), FOR FAILING TO PROMPTLY SUBMIT ACCURATE AND COMPLETE INFORMATION AS
REQUIRED BY THE NFA.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/15/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
GOLDMAN SACHS & CO. LLC MADE AN OFFER TO SETTLE THE MATTER, WITHOUT ADMITTING OR DENYING LIABILITY, BY PAYING A FINE OF
$2,500,000 TO NFA. ON MARCH 31, 2022, THE BCC ACCEPTED THE OFFER, AND ISSUED A DECISION (EFFECTIVE ON APRIL 15, 2022) ORDERING
GOLDMAN SACHS & CO. LLC TO PAY A FINE IN THAT AMOUNT. AS PART OF A SIDE LETTER EXECUTED IN CONNECTION WITH THE OFFER, THE FIRM
AND NFA ALSO AGREED TO ADDITIONAL TERMS AND CONDITIONS WITH REGARD TO A SEPARATE SET OF ISSUES SELF-DISCLOSED TO NFA.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GOLDMAN SACHS & CO. LLC MADE AN OFFER TO SETTLE THE MATTER, WITHOUT ADMITTING OR DENYING LIABILITY, BY PAYING A FINE OF $2,500,000
TO NFA. ON MARCH 31, 2022, THE BCC ACCEPTED THE OFFER, AND ISSUED A DECISION (EFFECTIVE ON APRIL 15, 2022) ORDERING GOLDMAN SACHS &
CO. LLC TO PAY A FINE IN THAT AMOUNT. AS PART OF A SIDE LETTER EXECUTED IN CONNECTION WITH THE OFFER, THE FIRM AND NFA ALSO AGREED
TO ADDITIONAL TERMS AND CONDITIONS WITH REGARD TO A SEPARATE SET OF ISSUES SELF-DISCLOSED TO NFA.regulatory · block 58GREENSKY, LLCPDF pages 951–953
- Advisory affiliate name — filed text
- GREENSKY, LLC
- Regulator name — filed text
- CONSUMER FINANCIAL PROTECTION BUREAU
- Monetary/Fine Amount — filed text
- $ 2,500,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS, GREENSKY AGREED TO THE ISSUANCE OF THE CONSENT ORDER WHICH WILL TERMINATE FIVE YEARS AFTER THE EFFECTIVE DATE OF JULY 12, 2021, BARRING ANY FURTHER VIOLATIONS. GREENSKY IS TO PAY REDRESS TO CONSUMERS IDENTIFIED BY THE CONSENT ORDER AS BEING IMPACTED BY THE VIOLATIONS IN A TOTAL AMOUNT TO NOT BE LESS THAN $750,000 AND TO NOT EXCEED $3,000,000, AND LOAN CANCELLATIONS IN AN AMOUNT NO MORE THAN $6,000,000. IN ADDITION, A CIVIL PENALTY OF $2,5000,000 WAS ORDERED TO BE PAID TO THE CFPB. GREENSKY WAS ORDERED TO IMPLEMENT ADDITIONAL COMPLIANCE MEASURES TO PREVENT FURTHER VIOLATIONS INCLUDING THE ESTABLISHMENT OF A COMPLIANCE COMMITTEE TO BE RESPONSIBLE FOR MONITORING AND COORDINATING GREENSKY'S ADHERENCE TO THE PROVISIONS OF THE CONSENT ORDER FOR THE EFFECTIVE TIME PERIOD.
Other filed details
Description of allegations — filed text
ON JULY 12, 2021, THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") ENTERED A CONSENT ORDER AGAINST GREENSKY LLC ("GREENSKY") AFTER DETERMINING GREENSKY VIOLATED SECTIONS 1031(A) AND 1036(A)(1)(B) OF THE CONSUMER FINANCIAL PROTECTION ACT. FROM MARCH 2014 THROUGH JULY 2021, THE CFPB IDENTIFIED MULTIPLE INSTANCES OF GREENSKY ENGAGING IN UNFAIR ACTS AND PRACTICES WITH REGARD TO LOANS TO CONSUMERS WHO DID NOT AUTHORIZE THEM AND BY STRUCTURING ITS LOAN ORIGINATION AND SERVICING ACTIVITIES IN A MANNER THAT ENABLED UNAUTHORIZED LOANS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS, GREENSKY AGREED TO THE ISSUANCE OF THE CONSENT ORDER WHICH WILL TERMINATE FIVE YEARS AFTER THE EFFECTIVE DATE OF JULY 12, 2021, BARRING ANY FURTHER VIOLATIONS. GREENSKY IS TO PAY REDRESS TO CONSUMERS IDENTIFIED BY THE CONSENT ORDER AS BEING IMPACTED BY THE VIOLATIONS IN A TOTAL AMOUNT TO NOT BE LESS THAN $750,000 AND TO NOT EXCEED $3,000,000, AND LOAN CANCELLATIONS IN AN AMOUNT NO MORE THAN $6,000,000. IN ADDITION, A CIVIL PENALTY OF $2,5000,000 WAS ORDERED TO BE PAID TO THE CFPB. GREENSKY WAS ORDERED TO IMPLEMENT ADDITIONAL COMPLIANCE MEASURES TO PREVENT FURTHER VIOLATIONS INCLUDING THE ESTABLISHMENT OF A COMPLIANCE COMMITTEE TO BE RESPONSIBLE FOR MONITORING AND COORDINATING GREENSKY'S ADHERENCE TO THE PROVISIONS OF THE CONSENT ORDER FOR THE EFFECTIVE TIME PERIOD.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GREENSKY, LLC
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CONSUMER FINANCIAL PROTECTION BUREAU
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/12/2021
Exact
Explanation
If not exact, provide explanation:
GOLDMAN SACHS & CO. LLC BECAME AN AFFILIATE OF GREENSKY, LLC ON MARCH 29, 2022.
4.
Docket/Case Number:
2021-CFPB-0004
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
GREENSKY, LLC
6.
Principal Product Type:
Other
Other Product Types:
LOANS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JULY 12, 2021, THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") ENTERED A CONSENT ORDER AGAINST GREENSKY LLC ("GREENSKY")
AFTER DETERMINING GREENSKY VIOLATED SECTIONS 1031(A) AND 1036(A)(1)(B) OF THE CONSUMER FINANCIAL PROTECTION ACT. FROM MARCH 2014
THROUGH JULY 2021, THE CFPB IDENTIFIED MULTIPLE INSTANCES OF GREENSKY ENGAGING IN UNFAIR ACTS AND PRACTICES WITH REGARD TO LOANS
TO CONSUMERS WHO DID NOT AUTHORIZE THEM AND BY STRUCTURING ITS LOAN ORIGINATION AND SERVICING ACTIVITIES IN A MANNER THAT
ENABLED UNAUTHORIZED LOANS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
07/12/2021
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 2,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS, GREENSKY AGREED TO THE ISSUANCE OF THE CONSENT
ORDER WHICH WILL TERMINATE FIVE YEARS AFTER THE EFFECTIVE DATE OF JULY 12, 2021, BARRING ANY FURTHER VIOLATIONS. GREENSKY IS TO
PAY REDRESS TO CONSUMERS IDENTIFIED BY THE CONSENT ORDER AS BEING IMPACTED BY THE VIOLATIONS IN A TOTAL AMOUNT TO NOT BE
LESS THAN $750,000 AND TO NOT EXCEED $3,000,000, AND LOAN CANCELLATIONS IN AN AMOUNT NO MORE THAN $6,000,000. IN ADDITION, A
CIVIL PENALTY OF $2,5000,000 WAS ORDERED TO BE PAID TO THE CFPB. GREENSKY WAS ORDERED TO IMPLEMENT ADDITIONAL COMPLIANCE
MEASURES TO PREVENT FURTHER VIOLATIONS INCLUDING THE ESTABLISHMENT OF A COMPLIANCE COMMITTEE TO BE RESPONSIBLE FOR
MONITORING AND COORDINATING GREENSKY'S ADHERENCE TO THE PROVISIONS OF THE CONSENT ORDER FOR THE EFFECTIVE TIME PERIOD.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS, GREENSKY AGREED TO THE ISSUANCE OF THE CONSENT ORDER
WHICH WILL TERMINATE FIVE YEARS AFTER THE EFFECTIVE DATE OF JULY 12, 2021, BARRING ANY FURTHER VIOLATIONS. GREENSKY IS TO PAY
REDRESS TO CONSUMERS IDENTIFIED BY THE CONSENT ORDER AS BEING IMPACTED BY THE VIOLATIONS IN A TOTAL AMOUNT TO NOT BE LESS THAN
$750,000 AND TO NOT EXCEED $3,000,000, AND LOAN CANCELLATIONS IN AN AMOUNT NO MORE THAN $6,000,000. IN ADDITION, A CIVIL PENALTY OF
$2,5000,000 WAS ORDERED TO BE PAID TO THE CFPB. GREENSKY WAS ORDERED TO IMPLEMENT ADDITIONAL COMPLIANCE MEASURES TO PREVENT
FURTHER VIOLATIONS INCLUDING THE ESTABLISHMENT OF A COMPLIANCE COMMITTEE TO BE RESPONSIBLE FOR MONITORING AND COORDINATING
GREENSKY'S ADHERENCE TO THE PROVISIONS OF THE CONSENT ORDER FOR THE EFFECTIVE TIME PERIOD.regulatory · block 59PDF pages 953–954
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 1,147,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO FINRA IS $1,147,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 19, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ STOCK MARKET LLC, NASDAQ BX, INC., NASDAQ PHLX LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, AND NYSE ARCA, INC. FOR SIMILAR VIOLATIONS.
Other filed details
Description of allegations — filed text
ON APRIL 4, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146501). THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO FINRA IS $1,147,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 19, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ STOCK MARKET LLC, NASDAQ BX, INC., NASDAQ PHLX LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, AND NYSE ARCA, INC. FOR SIMILAR VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2018059146501
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 4, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT
("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS. FINRA AND 11
EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD
FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT
AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS
VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE
TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146501). THE FIRM CORRECTED THE CODING AND
LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT,
AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/04/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,147,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
FINRA IS $1,147,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 19, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX
EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ
STOCK MARKET LLC, NASDAQ BX, INC., NASDAQ PHLX LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, AND NYSE ARCA, INC. FOR
SIMILAR VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO FINRA
IS $1,147,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 19, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE,
INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ STOCK MARKET
LLC, NASDAQ BX, INC., NASDAQ PHLX LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, AND NYSE ARCA, INC. FOR SIMILAR VIOLATIONS.regulatory · block 60PDF pages 955–956
- Regulator name — filed text
- CBOE BYX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 89,758.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
PURSUANT TO THE LOC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO BYX IS $89,758, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 05, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., INVESTORS EXCHANGE LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Other filed details
Description of allegations — filed text
ON MARCH 24, 2023, CBOE BYX EXCHANGE, INC. ("BYX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE LOC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE LOC. THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
Sanction detail — filed text
PURSUANT TO THE LOC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO BYX IS $89,758, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 05, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., INVESTORS EXCHANGE LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BYX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20180591465-09/FILE NO. URE-40-06
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 24, 2023, CBOE BYX EXCHANGE, INC. ("BYX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMANS
SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG
OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL
2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT
WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE LOC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE
ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING
VIOLATIONS AS DESCRIBED IN THE LOC. THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON
NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO
DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
03/22/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 89,758.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE LOC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
BYX IS $89,758, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 05, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BZX
EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC.,
INVESTORS EXCHANGE LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY
REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE LOC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO BYX IS
$89,758, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 05, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BZX EXCHANGE, INC.,
CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., INVESTORS EXCHANGE
LLC, NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR
VIOLATIONS.regulatory · block 61PDF pages 956–958
- Regulator name — filed text
- INVESTORS EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 141,100.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO IEX IS $141,100, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Other filed details
Description of allegations — filed text
ON APRIL 4, 2023, INVESTORS EXCHANGE LLC ("IEX" OR THE "EXCHANGE") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146512). THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO IEX IS $141,100, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INVESTORS EXCHANGE LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2018059146512
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 4, 2023, INVESTORS EXCHANGE LLC ("IEX" OR THE "EXCHANGE") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC")
SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S FINDINGS. FINRA AND 11
EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD
FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT
AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS
VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE
TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146512). THE FIRM CORRECTED THE CODING AND
LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT,
AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/04/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 141,100.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
IEX IS $141,100, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX
EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ
PHLX LLC, NASDAQ BX, INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY
REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO IEX IS
$141,100, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC.,
CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX,
INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR
VIOLATIONS.regulatory · block 62PDF pages 958–960
- Regulator name — filed text
- THE NASDAQ STOCK MARKET LLC
- Monetary/Fine Amount — filed text
- $ 381,400.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO NASDAQ IS $381,400, WHICH WILL BE AUTO-DEBITED. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Other filed details
Description of allegations — filed text
ON APRIL 4, 2023, THE NASDAQ STOCK MARKET LLC ("NASDAQ") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED NASDAQ'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146502). THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO NASDAQ IS $381,400, WHICH WILL BE AUTO-DEBITED. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE NASDAQ STOCK MARKET LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2018059146502
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 4, 2023, THE NASDAQ STOCK MARKET LLC ("NASDAQ") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY
GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED NASDAQ'S FINDINGS. FINRA AND 11 EXCHANGES FOUND,
AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015
TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE
THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE
EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND
RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146502). THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING
THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN
ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/04/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 381,400.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
NASDAQ IS $381,400, WHICH WILL BE AUTO-DEBITED. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE
BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ PHLX LLC, NASDAQ BX,
INC., NEW YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR
SIMILAR VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
NASDAQ IS $381,400, WHICH WILL BE AUTO-DEBITED. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX
EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., INVESTORS EXCHANGE LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NEW
YORK STOCK EXCHANGE LLC, NYSE AMERICAN LLC, NYSE ARCA, INC. AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR
VIOLATIONS.regulatory · block 63PDF pages 960–962
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 92,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO NYSE IS $92,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NYSE AMERICAN LLC, NYSE ARCA, INC, INVESTORS EXCHANGE LLC AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Other filed details
Description of allegations — filed text
ON MARCH 21, 2023, THE NEW YORK STOCK EXCHANGE LLC ("NYSE" OR THE "EXCHANGE") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146507). THE FIRM CORRECTED THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED SHORT SALE ORDERS.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO NYSE IS $92,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC, NASDAQ BX, INC., NYSE AMERICAN LLC, NYSE ARCA, INC, INVESTORS EXCHANGE LLC AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR SIMILAR VIOLATIONS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2018059146507
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 21, 2023, THE NEW YORK STOCK EXCHANGE LLC ("NYSE" OR THE "EXCHANGE") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND
CONSENT ("AWC") SUBMITTED BY GOLDMANS SACHS & CO. LLC ("GSCO"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE EXCHANGE'S
FINDINGS. FINRA AND 11 EXCHANGES FOUND, AMONG OTHER THINGS, THAT GSCO INCORRECTLY MARKED 59,981,252 SHORT SALE ORDERS AS LONG
OVER A 3-YEAR PERIOD FROM OCTOBER 2015 TO APRIL 2018. THE MISMARKED ORDERS WERE CAUSED BY GSCO'S IMPLEMENTATION OF AN UPGRADE
TO RELEVANT AUTOMATED TRADING SOFTWARE THAT WAS INTENDED TO SIMPLIFY CERTAIN ORDER FLOW. ACCORDING TO THE AWC, THESE
MISMARKED ORDERS VIOLATED RULE 200(G) OF THE EXCHANGE ACT. THE FINDINGS DIFFER AMONG THE DIFFERENT EXCHANGES AND FINRA, BUT ALSO
GENERALLY ALLEGE TRADE REPORTING AND RECORDKEEPING VIOLATIONS AS DESCRIBED IN THE AWC (NO. 2018059146507). THE FIRM CORRECTED
THE CODING AND LOGIC ISSUES CAUSING THE MISMARKED ORDERS UPON NOTIFICATION OF THE SAME, HAS ENHANCED ITS ORDER MARKING
SURVEILLANCE REPORT, AND ALSO ADDED AN ADDITIONAL CONTROL DESIGNED TO DETECT AND PREVENT THE ROUTING OF INACCURATELY MARKED
SHORT SALE ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/03/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 92,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO
NYSE IS $92,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX
EXCHANGE, INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ
PHLX LLC, NASDAQ BX, INC., NYSE AMERICAN LLC, NYSE ARCA, INC, INVESTORS EXCHANGE LLC AND THE FINANCIAL INDUSTRY REGULATORY
AUTHORITY FOR SIMILAR VIOLATIONS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO AGREED TO PAY A TOTAL MONETARY FINE IN THE AMOUNT OF $3,000,000. THE ALLOCATION AMOUNT PAYABLE TO NYSE
IS $92,500, WHICH WAS PAID IN FULL VIA WIRE ON APRIL 20, 2023. THE REMAINDER OF THE FINE WILL BE ALLOCATED TO CBOE BYX EXCHANGE,
INC., CBOE BZX EXCHANGE, INC., CBOE EDGA EXCHANGE, INC., CBOE EDGX EXCHANGE, INC., NASDAQ STOCK MARKET LLC, NASDAQ PHLX LLC,
NASDAQ BX, INC., NYSE AMERICAN LLC, NYSE ARCA, INC, INVESTORS EXCHANGE LLC AND THE FINANCIAL INDUSTRY REGULATORY AUTHORITY FOR
SIMILAR VIOLATIONS.regulatory · block 64PDF pages 962–964
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $5000 WHICH GSCO PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2022.
Other filed details
Description of allegations — filed text
ON APRIL 13, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") VIOLATED CME RULE 561, FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON SIX DIFFERENT TRADE DATES IN MARCH 2022.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $5000 WHICH GSCO PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/13/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-22-6554
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 13, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO")
VIOLATED CME RULE 561, FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON SIX
DIFFERENT TRADE DATES IN MARCH 2022.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/28/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $5000 WHICH GSCO PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $5000 WHICH GSCO PAID BY SUBMISSION OF A WIRE ON APRIL 28, 2022.regulatory · block 65J. ARON & COMPANY LLCPDF pages 964–966
- Advisory affiliate name — filed text
- J. ARON & COMPANY LLC
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 135,825.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH J. ARON NEITHER ADMITTED NOR DENIED THE RULE VIOLATIONS UPON WHICH THE PENALTY IS BASED, J. ARON AGREED TO PAY A FINE IN THE AMOUNT OF $125,000 AND TO DISGORGE PROFITS IN THE AMOUNT OF $10,825. THE FINE WAS PAID IN FULL BY SUBMISSION OF A WIRE ON JUNE 2, 2022.
Other filed details
Description of allegations — filed text
ON MAY 17, 2022, A PANEL OF THE COMMODITY EXCHANGE (COMEX) BUSINESS CONDUCT COMMITTEE FOUND THAT, ON SEVERAL OCCASIONS IN MAY 2020 AND JULY 2020, J. ARON & COMPANY LLC ("J. ARON"), PRIOR TO ENGAGING IN ANY PRE-HEDGING ACTIVITY, FAILED TO MAKE CLEAR TO ITS COUNTERPARTY THAT IT WAS TRADING PRINCIPALLY THEREBY VIOLATING COMEX RULE 526.
Sanction detail — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH J. ARON NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED, J. ARON AGREED TO PAY A FINE IN THE AMOUNT OF $125,000 AND TO DISGORGE PROFITS IN THE AMOUNT OF $10,825. THE FINE WAS PAID IN FULL BY SUBMISSION OF A WIRE ON JUNE 2, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
J. ARON & COMPANY LLC
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
05/17/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
19-1158-BC
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 17, 2022, A PANEL OF THE COMMODITY EXCHANGE (COMEX) BUSINESS CONDUCT COMMITTEE FOUND THAT, ON SEVERAL OCCASIONS IN MAY
2020 AND JULY 2020, J. ARON & COMPANY LLC ("J. ARON"), PRIOR TO ENGAGING IN ANY PRE-HEDGING ACTIVITY, FAILED TO MAKE CLEAR TO ITS
COUNTERPARTY THAT IT WAS TRADING PRINCIPALLY THEREBY VIOLATING COMEX RULE 526.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
06/02/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 135,825.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH J. ARON NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY
IS BASED, J. ARON AGREED TO PAY A FINE IN THE AMOUNT OF $125,000 AND TO DISGORGE PROFITS IN THE AMOUNT OF $10,825. THE FINE WAS
PAID IN FULL BY SUBMISSION OF A WIRE ON JUNE 2, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH J. ARON NEITHER ADMITTED NOR DENIED THE RULE VIOLATIONS UPON WHICH THE PENALTY IS
BASED, J. ARON AGREED TO PAY A FINE IN THE AMOUNT OF $125,000 AND TO DISGORGE PROFITS IN THE AMOUNT OF $10,825. THE FINE WAS PAID IN
FULL BY SUBMISSION OF A WIRE ON JUNE 2, 2022.regulatory · block 66PDF pages 966–967
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 7,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $7,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 8, 2022.
Other filed details
Description of allegations — filed text
ON JULY 20, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT CME'S 512 COMMITTEE FOUND THAT GSCO VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON SIX TRADE DATES BETWEEN JUNE AND JULY 2022.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $7,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 8, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/20/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-22-6644
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JULY 20, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT
CME'S 512 COMMITTEE FOUND THAT GSCO VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED
FUTURES AND OPTIONS POSITIONS ON SIX TRADE DATES BETWEEN JUNE AND JULY 2022.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/08/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $7,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 8, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $7,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 8, 2022.regulatory · block 67PDF pages 968–969
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISION
- Monetary/Fine Amount — filed text
- $ 75,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $75,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 27, 2022, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ALLEGED THEY HAD REASON TO BELIEVE THAT FROM AT LEAST JANUARY 2016 TO THE PRESENT ("RELEVANT PERIOD"), GOLDMAN SACHS & CO. LLC ("GSCO" ) VIOLATED SECTIONS 4G, 4S(F)(1)(C), 4S(G)(1) AND (3), AND 4S(H)(1)(B) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. §§ 6G, 6S(F)(1)(C), 6S(G)(1), (3), 6S(H)(1)(B), AND CFTC REGULATIONS ("REGULATIONS") 1.31, 1.35, 23.201(A), 23.202(A)(1) AND (B)(1), 23.602(A), AND 166.3, 17 C.F.R. §§ 1.31, 1.35, 23.201(A), 23.202(A)(1), (B)(1), 23.602(A), 166.3 (2021). AS A RESULT, THE CFTC DEEMED IT APPROPRIATE TO INSTITUTE PUBLIC ADMINISTRATIVE PROCEEDINGS TO DETERMINE WHETHER GSCO ENGAGED IN THE LISTED VIOLATIONS AND DETERMINE WHETHER ANY ORDER SHOULD BE ISSUED IMPOSING REMEDIAL SANCTIONS. GSCO ADMITTED AND ACKNOWLEDGED THEIR CONDUCT VIOLATED THE ACT AND SUBMITTED AN OFFER OF SETTLEMENT ("OFFER") WHICH THE CFTC ACCEPTED. THE CFTC BECAME AWARE OF GSCO EMPLOYEE USE OF UNAPPROVED COMMUNICATION METHODS FOR BUSINESS CONVERSATIONS DURING THE COURSE OF AN INVESTIGATION INTO CERTAIN OF GSCO'S TRADING. AS A RESULT, THE CFTC SUBPOENAED THE RECORDS OF FOUR GSCO TRADERS. THE COMMUNICATIONS PRODUCED BY THE TRADERS IN RESPONSE TO THOSE SUBPOENAS INDICATED THAT THE TRADERS FREQUENTLY USED NON- GSCO-APPROVED METHODS OF COMMUNICATION, INCLUDING TEXT AND WHATSAPP ("OFF-CHANNEL COMMUNICATIONS"), TO COMMUNICATE WITH OTHER GSCO TRADERS AND WITH BROKERS. THE COMMUNICATIONS ALSO REVEALED THAT EMPLOYEES AT ALL LEVELS OF AUTHORITY WERE INVOLVED IN THE USE OF THESE OFF-CHANNEL COMMUNICATIONS, WHICH WERE SENT AND RECEIVED BY GSCO EMPLOYEES RELATING TO GSCO'S BUSINESS AS A CFTC REGISTRANT, WHICH WERE REQUIRED TO BE MAINTAINED UNDER CFTC-MANDATED RECORDKEEPING REQUIREMENTS. THESE RECORDS WERE GENERALLY NOT MAINTAINED AND PRESERVED BY GSCO, AND GSCO WOULD NOT HAVE BEEN ABLE TO FURNISH SUCH COMMUNICATIONS PROMPTLY TO A CFTC REPRESENTATIVE IF AND WHEN REQUESTED, WHICH VIOLATES THE ACT. IN ADDITION, THE WIDESPREAD USE OF UNAUTHORIZED OFF- CHANNEL COMMUNICATIONS BY GSCO'S EMPLOYEES TO CONDUCT FIRM BUSINESS VIOLATED GSCO'S OWN POLICIES AND PROCEDURES, WHICH PROHIBITED SUCH COMMUNICATIONS. THEREFORE, THE CFTC FOUND GSCO ALSO FAILED TO IMPLEMENT A DILIGENT SUPERVISORY SYSTEM TO ENSURE COMPLIANCE WITH THE CFTC'S RECORDKEEPING REQUIREMENTS AND THE FIRM'S OWN POLICIES AND PROCEDURES, AND BECAUSE THE FIRM FAILED TO MAINTAIN CFTC-REQUIRED RECORDS, GSCO FAILED TO DILIGENTLY SUPERVISE MATTERS RELATED TO ITS BUSINESS AS A CFTC REGISTRANT, IN VIOLATION OF THE ACT.
Sanction detail — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $75,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISION
2.
Principal Sanction:
Other
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/27/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
22-40
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 27, 2022, THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") ALLEGED THEY HAD REASON TO BELIEVE THAT FROM AT LEAST
JANUARY 2016 TO THE PRESENT ("RELEVANT PERIOD"), GOLDMAN SACHS & CO. LLC ("GSCO" ) VIOLATED SECTIONS 4G, 4S(F)(1)(C), 4S(G)(1) AND (3),
AND 4S(H)(1)(B) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. §§ 6G, 6S(F)(1)(C), 6S(G)(1), (3), 6S(H)(1)(B), AND CFTC REGULATIONS
("REGULATIONS") 1.31, 1.35, 23.201(A), 23.202(A)(1) AND (B)(1), 23.602(A), AND 166.3, 17 C.F.R. §§ 1.31, 1.35, 23.201(A), 23.202(A)(1), (B)(1),
23.602(A), 166.3 (2021). AS A RESULT, THE CFTC DEEMED IT APPROPRIATE TO INSTITUTE PUBLIC ADMINISTRATIVE PROCEEDINGS TO DETERMINE
WHETHER GSCO ENGAGED IN THE LISTED VIOLATIONS AND DETERMINE WHETHER ANY ORDER SHOULD BE ISSUED IMPOSING REMEDIAL SANCTIONS.
GSCO ADMITTED AND ACKNOWLEDGED THEIR CONDUCT VIOLATED THE ACT AND SUBMITTED AN OFFER OF SETTLEMENT ("OFFER") WHICH THE CFTC
ACCEPTED. THE CFTC BECAME AWARE OF GSCO EMPLOYEE USE OF UNAPPROVED COMMUNICATION METHODS FOR BUSINESS CONVERSATIONS DURING
THE COURSE OF AN INVESTIGATION INTO CERTAIN OF GSCO'S TRADING. AS A RESULT, THE CFTC SUBPOENAED THE RECORDS OF FOUR GSCO TRADERS.
THE COMMUNICATIONS PRODUCED BY THE TRADERS IN RESPONSE TO THOSE SUBPOENAS INDICATED THAT THE TRADERS FREQUENTLY USED NON-
GSCO-APPROVED METHODS OF COMMUNICATION, INCLUDING TEXT AND WHATSAPP ("OFF-CHANNEL COMMUNICATIONS"), TO COMMUNICATE WITH
OTHER GSCO TRADERS AND WITH BROKERS. THE COMMUNICATIONS ALSO REVEALED THAT EMPLOYEES AT ALL LEVELS OF AUTHORITY WERE INVOLVED
IN THE USE OF THESE OFF-CHANNEL COMMUNICATIONS, WHICH WERE SENT AND RECEIVED BY GSCO EMPLOYEES RELATING TO GSCO'S BUSINESS AS
A CFTC REGISTRANT, WHICH WERE REQUIRED TO BE MAINTAINED UNDER CFTC-MANDATED RECORDKEEPING REQUIREMENTS. THESE RECORDS WERE
GENERALLY NOT MAINTAINED AND PRESERVED BY GSCO, AND GSCO WOULD NOT HAVE BEEN ABLE TO FURNISH SUCH COMMUNICATIONS PROMPTLY TO
A CFTC REPRESENTATIVE IF AND WHEN REQUESTED, WHICH VIOLATES THE ACT. IN ADDITION, THE WIDESPREAD USE OF UNAUTHORIZED OFF-
CHANNEL COMMUNICATIONS BY GSCO'S EMPLOYEES TO CONDUCT FIRM BUSINESS VIOLATED GSCO'S OWN POLICIES AND PROCEDURES, WHICH
PROHIBITED SUCH COMMUNICATIONS. THEREFORE, THE CFTC FOUND GSCO ALSO FAILED TO IMPLEMENT A DILIGENT SUPERVISORY SYSTEM TO
ENSURE COMPLIANCE WITH THE CFTC'S RECORDKEEPING REQUIREMENTS AND THE FIRM'S OWN POLICIES AND PROCEDURES, AND BECAUSE THE FIRM
FAILED TO MAINTAIN CFTC-REQUIRED RECORDS, GSCO FAILED TO DILIGENTLY SUPERVISE MATTERS RELATED TO ITS BUSINESS AS A CFTC REGISTRANT,
IN VIOLATION OF THE ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/27/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 75,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A
CIVIL MONEY PENALTY IN THE AMOUNT OF $75,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL
MONEY PENALTY IN THE AMOUNT OF $75,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.regulatory · block 68PDF pages 970–971
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 125,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $125,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 27, 2022, THE SEC INSTITUTED PUBLIC ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS AGAINST GOLDMAN SACHS & CO. ("GSCO") PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGE ACT"), BASED ON THEIR DETERMINATION THAT FEDERAL SECURITIES LAWS WERE VIOLATED. GSCO ADMITTED AND ACCEPTED THE SEC'S JURISDICTION AND THE SUBJECT MATTER OF THESE PROCEEDINGS AND SUBMITTED AN OFFER OF SETTLEMENT ("OFFER") WHICH THE SEC ACCEPTED. THE SEC FOUND THAT FROM JANUARY 2018 TO SEPTEMBER 2021, GSCO EMPLOYEES USED THEIR PERSONAL DEVICES TO COMMUNICATE BOTH INTERNALLY AND EXTERNALLY BY PERSONAL TEXT MESSAGES OR OTHER TEXT MESSAGING PLATFORMS SUCH AS WHATSAPP ("OFF-CHANNEL COMMUNICATIONS"), IN RELATION TO THE BUSINESS OF THE BROKER-DEALER OPERATED BY GSCO. GSCO'S FAILURE TO MAINTAIN OR PRESERVE THE SUBSTANTIAL MAJORITY OF THESE WRITTEN COMMUNICATIONS WAS FIRM-WIDE, AND INVOLVED EMPLOYEES AT ALL LEVELS OF AUTHORITY. AS A RESULT, GSCO VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4(B)(4). THE SEC FOUND GSCO'S FAILURE TO IMPLEMENT ITS POLICIES AND PROCEDURES THAT PROHIBIT SUCH OFF-CHANNEL COMMUNICATIONS LED TO ITS FAILURE TO SUPERVISE ITS EMPLOYEES WITHIN THE MEANING OF SECTION 15(B)(4)(E) OF THE EXCHANGE ACT. THE SEC UNCOVERED GSCO'S MISCONDUCT AFTER COMMENCING A RISK-BASED INITIATIVE TO INVESTIGATE THE USE OF OFF-CHANNEL AND UNPRESERVED COMMUNICATIONS AT BROKER-DEALERS. AS A RESULT, GSCO HAS INITIATED A REVIEW OF ITS RECORDKEEPING FAILURES AND BEGUN A PROGRAM OF REMEDIATION.
Sanction detail — filed text
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $125,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/27/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-21167
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 27, 2022, THE SEC INSTITUTED PUBLIC ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS AGAINST GOLDMAN SACHS & CO.
("GSCO") PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGE ACT"), BASED ON THEIR DETERMINATION
THAT FEDERAL SECURITIES LAWS WERE VIOLATED. GSCO ADMITTED AND ACCEPTED THE SEC'S JURISDICTION AND THE SUBJECT MATTER OF THESE
PROCEEDINGS AND SUBMITTED AN OFFER OF SETTLEMENT ("OFFER") WHICH THE SEC ACCEPTED. THE SEC FOUND THAT FROM JANUARY 2018 TO
SEPTEMBER 2021, GSCO EMPLOYEES USED THEIR PERSONAL DEVICES TO COMMUNICATE BOTH INTERNALLY AND EXTERNALLY BY PERSONAL TEXT
MESSAGES OR OTHER TEXT MESSAGING PLATFORMS SUCH AS WHATSAPP ("OFF-CHANNEL COMMUNICATIONS"), IN RELATION TO THE BUSINESS OF THE
BROKER-DEALER OPERATED BY GSCO. GSCO'S FAILURE TO MAINTAIN OR PRESERVE THE SUBSTANTIAL MAJORITY OF THESE WRITTEN COMMUNICATIONS
WAS FIRM-WIDE, AND INVOLVED EMPLOYEES AT ALL LEVELS OF AUTHORITY. AS A RESULT, GSCO VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND
RULE 17A-4(B)(4). THE SEC FOUND GSCO'S FAILURE TO IMPLEMENT ITS POLICIES AND PROCEDURES THAT PROHIBIT SUCH OFF-CHANNEL
COMMUNICATIONS LED TO ITS FAILURE TO SUPERVISE ITS EMPLOYEES WITHIN THE MEANING OF SECTION 15(B)(4)(E) OF THE EXCHANGE ACT. THE
SEC UNCOVERED GSCO'S MISCONDUCT AFTER COMMENCING A RISK-BASED INITIATIVE TO INVESTIGATE THE USE OF OFF-CHANNEL AND UNPRESERVED
COMMUNICATIONS AT BROKER-DEALERS. AS A RESULT, GSCO HAS INITIATED A REVIEW OF ITS RECORDKEEPING FAILURES AND BEGUN A PROGRAM OF
REMEDIATION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/27/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 125,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A
CIVIL MONEY PENALTY IN THE AMOUNT OF $125,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; COMPLIES WITH THE UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL
MONEY PENALTY IN THE AMOUNT OF $125,000,000. THE FINE WAS PAID ON OCTOBER 14, 2022.regulatory · block 69PDF pages 971–973
- Regulator name — filed text
- CME GROUP, INC.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $10,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON OCTOBER 14, 2022.
Other filed details
Description of allegations — filed text
ON OCTOBER 6, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT CME'S 512 COMMITTEE FOUND THAT GSCO VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED FUTURES AND OPTIONS POSITIONS ON FIVE TRADE DATES IN SEPTEMBER 2022.
Sanction detail — filed text
CME IMPOSED A FINE IN THE AMOUNT OF $10,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON OCTOBER 14, 2022.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/06/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-22-6737
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 6, 2022, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO") THAT
CME'S 512 COMMITTEE FOUND THAT GSCO VIOLATED CME RULE 561 FOR LATE ADJUSTMENTS TO LARGE TRADER REPORTING OF CERTAIN LISTED
FUTURES AND OPTIONS POSITIONS ON FIVE TRADE DATES IN SEPTEMBER 2022.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
10/14/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A FINE IN THE AMOUNT OF $10,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON OCTOBER 14, 2022.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A FINE IN THE AMOUNT OF $10,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON OCTOBER 14, 2022.regulatory · block 70GOLDMAN SACHS ASSET MANAGEMENT, L.P.PDF pages 973–975
- Advisory affiliate name — filed text
- GOLDMAN SACHS ASSET MANAGEMENT, L.P.
- Regulator name — filed text
- THE SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 4,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
GSAMLP WAS CENSURED AND ORDERED TO CEASE AND DESIST FROM VIOLATING SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-7 PROMULGATED THEREUNDER. GSAMLP AGREED TO PAY A PENALTY OF $4 MILLION.
Other filed details
Description of allegations — filed text
ON NOVEMBER 22, 2022, GOLDMAN SACHS ASSET MANAGEMENT, L.P. ("GSAMLP") ENTERED INTO A SETTLEMENT WITH THE SECURITIES AND EXCHANGE COMMISSION ("SEC") REGARDING GSAMLP'S POLICIES AND PROCEDURES WITH RESPECT TO ENVIRONMENTAL, SOCIAL AND GOVERNANCE INVESTMENTS. THE SEC FOUND THAT GSAMLP DID NOT ADOPT WRITTEN POLICIES AND PROCEDURES GOVERNING THE EVALUATION OF ESG FACTORS UNTIL SOMETIME AFTER TWO ESG MUTUAL FUNDS WERE INTRODUCED AND A SOCIALLY-RESPONSIBLE SEPARATE ACCOUNT STRATEGY WAS REBRANDED AS ESG, AND THAT, ONCE SUCH POLICIES AND PROCEDURES WERE ADOPTED, THEY WERE NOT CONSISTENTLY FOLLOWED PRIOR TO FEBRUARY 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
107738
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS ASSET
MANAGEMENT, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
THE SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CEASE AND DESIST, CENSURE
3.
Date Initiated (MM/DD/YYYY):
11/22/2022
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-21245
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Mutual Fund(s)
Other Product Types:
SEPARATELY MANAGED ACCOUNT(S)
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 22, 2022, GOLDMAN SACHS ASSET MANAGEMENT, L.P. ("GSAMLP") ENTERED INTO A SETTLEMENT WITH THE SECURITIES AND EXCHANGE
COMMISSION ("SEC") REGARDING GSAMLP'S POLICIES AND PROCEDURES WITH RESPECT TO ENVIRONMENTAL, SOCIAL AND GOVERNANCE
INVESTMENTS. THE SEC FOUND THAT GSAMLP DID NOT ADOPT WRITTEN POLICIES AND PROCEDURES GOVERNING THE EVALUATION OF ESG FACTORS
UNTIL SOMETIME AFTER TWO ESG MUTUAL FUNDS WERE INTRODUCED AND A SOCIALLY-RESPONSIBLE SEPARATE ACCOUNT STRATEGY WAS
REBRANDED AS ESG, AND THAT, ONCE SUCH POLICIES AND PROCEDURES WERE ADOPTED, THEY WERE NOT CONSISTENTLY FOLLOWED PRIOR TO
FEBRUARY 2020.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
11/25/2022
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSAMLP WAS CENSURED AND ORDERED TO CEASE AND DESIST FROM VIOLATING SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-7
PROMULGATED THEREUNDER. GSAMLP AGREED TO PAY A PENALTY OF $4 MILLION.regulatory · block 71PDF pages 975–977
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
Action status / disposition — filed text
GSCO IS IN THE PROCESS OF RESPONDING TO THE ALLEGATIONS AND DETAILING THE CIRCUMSTANCES RELATING TO THE SUBJECT MARGIN PAYMENT. THE MATTER IS PENDING SUBJECT TO REVIEW BY ICC.
Other filed details
Description of allegations — filed text
ON MARCH 13, 2023, ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT A GOLDMAN SACHS & CO. LLC ("GSCO") MARGIN CALL PAYMENT WAS RECEIVED SIX MINUTES AFTER THE REQUIRED DEADLINE RESULTING IN A TECHNICAL DEFAULT IN VIOLATION OF ICE CLEAR CREDIT RULE 401(I).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Other
Other Sanctions:
PENDING
3.
Date Initiated (MM/DD/YYYY):
03/13/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2023-401I-001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 13, 2023, ICE CLEAR CREDIT LLC ("ICC") ALLEGED THAT A GOLDMAN SACHS & CO. LLC ("GSCO") MARGIN CALL PAYMENT WAS RECEIVED
SIX MINUTES AFTER THE REQUIRED DEADLINE RESULTING IN A TECHNICAL DEFAULT IN VIOLATION OF ICE CLEAR CREDIT RULE 401(I).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
11. Resolution Date (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
GSCO IS IN THE PROCESS OF RESPONDING TO THE ALLEGATIONS AND DETAILING THE CIRCUMSTANCES RELATING TO THE SUBJECT MARGIN PAYMENT.
THE MATTER IS PENDING SUBJECT TO REVIEW BY ICC.regulatory · block 72J. ARON & COMPANY LLCPDF pages 977–979
- Advisory affiliate name — filed text
- J. ARON & COMPANY LLC
- Regulator name — filed text
- ICE FUTURES U.S.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
PURSUANT TO IFUS RULE 21.02, J. ARON WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $5,000 FOR THE VIOLATIONS. THE FINE WAS PAID IN FULL BY SUBMISSION OF A WIRE ON MARCH 17, 2023.
Other filed details
Description of allegations — filed text
ON MARCH 2, 2023, THE ICE FUTURES U.S. ("IFUS" OR "EXCHANGE") MARKET REGULATION DEPARTMENT COMPLETED A REVIEW OF BLOCK TRADES SUBMITTED BY J. ARON & CO. LLC ("J. ARON") BETWEEN JULY 2021 AND NOVEMBER 2021, AND FOUND THAT ON MULTIPLE INSTANCES, J. ARON SUBMITTED BLOCK TRADES TO THE EXCHANGE BEYOND THE REQUIRED REPORTING WINDOW THEREBY VIOLATING IFUS RULE 4.07(C).
Sanction detail — filed text
PURSUANT TO IFUS RULE 21.02, J. ARON WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $5,000 FOR THE VIOLATIONS. THE FINE WAS PAID IN FULL BY SUBMISSION OF A WIRE ON MARCH 17, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
J. ARON & COMPANY LLC
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/02/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022-014
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MARCH 2, 2023, THE ICE FUTURES U.S. ("IFUS" OR "EXCHANGE") MARKET REGULATION DEPARTMENT COMPLETED A REVIEW OF BLOCK TRADES
SUBMITTED BY J. ARON & CO. LLC ("J. ARON") BETWEEN JULY 2021 AND NOVEMBER 2021, AND FOUND THAT ON MULTIPLE INSTANCES, J. ARON
SUBMITTED BLOCK TRADES TO THE EXCHANGE BEYOND THE REQUIRED REPORTING WINDOW THEREBY VIOLATING IFUS RULE 4.07(C).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
03/17/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO IFUS RULE 21.02, J. ARON WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $5,000 FOR THE VIOLATIONS. THE FINE WAS PAID IN
FULL BY SUBMISSION OF A WIRE ON MARCH 17, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO IFUS RULE 21.02, J. ARON WAS ISSUED A SUMMARY FINE IN THE AMOUNT OF $5,000 FOR THE VIOLATIONS. THE FINE WAS PAID IN FULL
BY SUBMISSION OF A WIRE ON MARCH 17, 2023.regulatory · block 73PDF pages 979–980
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 50,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY WAS BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $50,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON MARCH 31, 2023.
Other filed details
Description of allegations — filed text
ON JANUARY 19, 2023, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") REVIEWED GOLDMAN SACHS & CO. LLC'S ("GSCO") RESPONSE, AND ISSUED A CHARGE LETTER DATED JANUARY 20, 2023, WHICH ALLEGES THAT GSCO VIOLATED CME CUSTOMER GROSS MARGINING TECHNICAL OVERVIEW REQUIREMENTS AND CME RULE 980.G.
Sanction detail — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY WAS BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $50,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON MARCH 31, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/17/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-CH-2308
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
PERFORMANCE BONDS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JANUARY 19, 2023, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") REVIEWED GOLDMAN SACHS & CO. LLC'S ("GSCO")
RESPONSE, AND ISSUED A CHARGE LETTER DATED JANUARY 20, 2023, WHICH ALLEGES THAT GSCO VIOLATED CME CUSTOMER GROSS MARGINING
TECHNICAL OVERVIEW REQUIREMENTS AND CME RULE 980.G.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
03/31/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 50,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY
WAS BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $50,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK
ACCOUNT ON MARCH 31, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY WAS
BASED, GSCO AGREED TO PAY A FINE IN THE AMOUNT OF $50,000. THE FINE WAS PAID IN FULL VIA GSCO'S CME CLEARING FIRM BANK ACCOUNT ON
MARCH 31, 2023.regulatory · block 74PDF pages 980–982
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 150,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED, CME FINED THE FIRM $150,000 AND AGREED TO WAIVE THE FINE IF NO SIMILAR VIOLATION IS FOUND DURING THE NEXT RISK BASED EXAMINATION.
Other filed details
Description of allegations — filed text
ON OCTOBER 12, 2023, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO . LLC ("GSCO") VIOLATED CBOT RULE 930. E.3 FOR NOT MAINTAINING ACCURATE WRITTEN RECORDS FOR CERTAIN PERFORMANCE BOND CALLS IN 2022.
Sanction detail — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS BASED, CME FINED THE FIRM $150,000 AND AGREED TO WAIVE THE FINE IF NO SIMILAR VIOLATION IS FOUND DURING THE NEXT RISK BASED EXAMINATION.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
03/16/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-CH-2312
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
PERFORMANCE BONDS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 12, 2023, THE CLEARING HOUSE RISK COMMITTEE OF THE CME GROUP INC. ("CME") DETERMINED THAT GOLDMAN SACHS & CO . LLC
("GSCO") VIOLATED CBOT RULE 930. E.3 FOR NOT MAINTAINING ACCURATE WRITTEN RECORDS FOR CERTAIN PERFORMANCE BOND CALLS IN 2022.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
10/13/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 150,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS
BASED, CME FINED THE FIRM $150,000 AND AGREED TO WAIVE THE FINE IF NO SIMILAR VIOLATION IS FOUND DURING THE NEXT RISK BASED
EXAMINATION.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE RULE VIOLATION UPON WHICH THE PENALTY IS
BASED, CME FINED THE FIRM $150,000 AND AGREED TO WAIVE THE FINE IF NO SIMILAR VIOLATION IS FOUND DURING THE NEXT RISK BASED
EXAMINATION.regulatory · block 75PDF pages 982–984
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISION
- Monetary/Fine Amount — filed text
- $ 15,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $15,000,000. THE FINE WAS PAID ON APRIL 20, 2023.
Other filed details
Description of allegations — filed text
ON APRIL 10, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS & CO. LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO. THE CFTC FOUND THAT FROM IN OR ABOUT APRIL 2015 TO AT LEAST SEPTEMBER 2016 ("RELEVANT PERIOD"), GSCO VIOLATED SECTION 4S(H)(1) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. § 6S(H)(1), AND SECTIONS 23.431 AND 23.433, 17 C.F.R. §§ 23.431, 23.433, OF THE COMMISSION REGULATIONS ("REGULATIONS") IN CONNECTION WITH CERTAIN SWAP TRANSACTIONS BY FAILING TO PROVIDE OR PROVIDING INACCURATE PRE-TRADE-MID-MARKET-MARKS ("PTMMM") TO US-BASED COUNTERPARTIES AND BY FAILING TO COMMUNICATE IN A FAIR AND BALANCED MANNER BASED ON PRINCIPLES OF FAIR DEALING AND GOOD FAITH. THE SWAPS IN QUESTION WERE EQUITY-INDEX SWAPS IN WHICH THE EQUITY LEG OF THE SWAP WAS STRUCK ON THE SAME DAY AS THE OTHER MATERIAL TERMS OF THE SWAP WERE AGREED UPON ("SAME-DAY SWAPS"), RATHER THAN THE DAY AFTER THE DATE OF AGREEMENT. GSCO ADMITTED THAT FOR NEARLY ALL SAME-DAY SWAPS EXECUTED IN 2015 AND 2016 IT EITHER FAILED TO DISCLOSE A PTMMM OR FAILED TO DISCLOSE AN ACCURATE PTMMM. GSCO NETIHER ADMITTED NOR DENIED THE REST OF THE CFTC'S FINDINGS.
Sanction detail — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $15,000,000. THE FINE WAS PAID ON APRIL 20, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISION
2.
Principal Sanction:
Other
Other Sanctions:
N/A
3.
Date Initiated (MM/DD/YYYY):
04/10/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-09
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
EQUITY INDEX SWAPS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 10, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS & CO.
LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO. THE CFTC FOUND THAT FROM IN OR ABOUT APRIL 2015 TO AT LEAST
SEPTEMBER 2016 ("RELEVANT PERIOD"), GSCO VIOLATED SECTION 4S(H)(1) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. § 6S(H)(1), AND
SECTIONS 23.431 AND 23.433, 17 C.F.R. §§ 23.431, 23.433, OF THE COMMISSION REGULATIONS ("REGULATIONS") IN CONNECTION WITH CERTAIN
SWAP TRANSACTIONS BY FAILING TO PROVIDE OR PROVIDING INACCURATE PRE-TRADE-MID-MARKET-MARKS ("PTMMM") TO US-BASED
COUNTERPARTIES AND BY FAILING TO COMMUNICATE IN A FAIR AND BALANCED MANNER BASED ON PRINCIPLES OF FAIR DEALING AND GOOD FAITH.
THE SWAPS IN QUESTION WERE EQUITY-INDEX SWAPS IN WHICH THE EQUITY LEG OF THE SWAP WAS STRUCK ON THE SAME DAY AS THE OTHER
MATERIAL TERMS OF THE SWAP WERE AGREED UPON ("SAME-DAY SWAPS"), RATHER THAN THE DAY AFTER THE DATE OF AGREEMENT. GSCO ADMITTED
THAT FOR NEARLY ALL SAME-DAY SWAPS EXECUTED IN 2015 AND 2016 IT EITHER FAILED TO DISCLOSE A PTMMM OR FAILED TO DISCLOSE AN
ACCURATE PTMMM. GSCO NETIHER ADMITTED NOR DENIED THE REST OF THE CFTC'S FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
04/10/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFTC ORDERED THAT GSCO CEASE AND DESIST AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $15,000,000. THE FINE WAS PAID
ON APRIL 20, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFTC ORDERED THAT GSCO CEASE AND DESIST AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $15,000,000. THE FINE WAS PAID ON
APRIL 20, 2023.regulatory · block 76PDF pages 984–986
- Regulator name — filed text
- ICE CLEAR CREDIT LLC
- Monetary/Fine Amount — filed text
- $ 153,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
AFTER REVIEWING GSCO'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
Other filed details
Description of allegations — filed text
ICE CLEAR CREDIT LLC ("ICC") IMPOSED A PENALTY OF $153,000 ON GOLDMAN SACHS & CO. LLC ("GSCO") FOR FAILURE TO SUBMIT DAILY PRICING INFORMATION OF INDEX AND SINGLE NAME PRODUCTS.
Sanction detail — filed text
AFTER REVIEWING GSCO'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE CLEAR CREDIT LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/08/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2023-404B-016
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
CD(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ICE CLEAR CREDIT LLC ("ICC") IMPOSED A PENALTY OF $153,000 ON GOLDMAN SACHS & CO. LLC ("GSCO") FOR FAILURE TO SUBMIT DAILY PRICING
INFORMATION OF INDEX AND SINGLE NAME PRODUCTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
06/22/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 153,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
AFTER REVIEWING GSCO'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES,
ICC APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
AFTER REVIEWING GSCO'S RESPONSE TO THE FINDING, INCLUDING CORRECTIVE MEASURES TO MINIMIZE RISK OF FUTURE REOCCURRENCES, ICC
APPLIED WAIVERS AVAILABLE ONCE ANNUALLY TO THE PREVIOUSLY IMPOSED PENALTY.regulatory · block 77PDF pages 986–987
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 5,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $5,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 24, 2023.
Other filed details
Description of allegations — filed text
ON JULY 5, 2023, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") COMPLETED A REVIEW OF BLOCK TRADES REPORTED BY GOLDMAN SACHS & CO. LLC ("GSCO") DURING THE PERIOD JANUARY 2022 THROUGH APRIL 2023, AND FOUND THAT IN CERTAIN INSTANCES GSCO REPORTED TRADES WITH INACCURATE INFORMATION, IN VIOLATION OF CME RULE 526 AND MARKET REGULATION ADVISORY NOTICE RA2204-5, SECTION 7.
Sanction detail — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $5,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 24, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/05/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
RSRH-23-6886
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JULY 5, 2023, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") COMPLETED A REVIEW OF BLOCK TRADES REPORTED BY
GOLDMAN SACHS & CO. LLC ("GSCO") DURING THE PERIOD JANUARY 2022 THROUGH APRIL 2023, AND FOUND THAT IN CERTAIN INSTANCES GSCO
REPORTED TRADES WITH INACCURATE INFORMATION, IN VIOLATION OF CME RULE 526 AND MARKET REGULATION ADVISORY NOTICE RA2204-5,
SECTION 7.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
07/21/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $5,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 24, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $5,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JULY 24, 2023.regulatory · block 78PDF pages 988–989
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499505
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 79PDF pages 989–991
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 17, 2023.
Other filed details
Description of allegations — filed text
ON JULY 27, 2023, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM") THAT CME HAD IDENTIFIED REPORTING INFRACTIONS WITH THE FIRM'S TRANSFER TRADE REPORTING IN VIOLATION OF CME RULE 853.A.6.
Sanction detail — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 17, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
07/27/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
NYMEX CASE-23-1655
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON JULY 27, 2023, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE
FIRM") THAT CME HAD IDENTIFIED REPORTING INFRACTIONS WITH THE FIRM'S TRANSFER TRADE REPORTING IN VIOLATION OF CME RULE 853.A.6.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
08/17/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 17, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON AUGUST 17, 2023.regulatory · block 80PDF pages 991–993
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 425,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $425,000, WHICH WAS PAID IN FULL VIA WIRE ON AUGUST 30, 2023.
Other filed details
Description of allegations — filed text
ON AUGUST 16, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS. FINRA FOUND THAT BETWEEN JULY 2018 AND SEPTEMBER 2021, GSCO FAILED TO REPORT, OR INACCURATELY REPORTED, OVER-THE-COUNTER ("OTC") OPTIONS POSITIONS TO THE LARGE OPTIONS POSITIONS REPORTING ("LOPR") SYSTEM. THE FINDINGS STATED THE FIRM'S SYSTEMS FAILED TO RECOGNIZE THAT THE ACCOUNTS OF CERTAIN CUSTOMERS WERE UNDER COMMON CONTROL OR ACTED IN CONCERT. FINRA ADDITIONALLY FOUND THAT GSCO FAILED TO MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA RULE 2360(B) (5), WHICH IS A VIOLATION OF FINRA RULES 3110 AND 2010.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $425,000, WHICH WAS PAID IN FULL VIA WIRE ON AUGUST 30, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/16/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2020068197401
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 16, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT
("AWC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS.
FINRA FOUND THAT BETWEEN JULY 2018 AND SEPTEMBER 2021, GSCO FAILED TO REPORT, OR INACCURATELY REPORTED, OVER-THE-COUNTER ("OTC")
OPTIONS POSITIONS TO THE LARGE OPTIONS POSITIONS REPORTING ("LOPR") SYSTEM. THE FINDINGS STATED THE FIRM'S SYSTEMS FAILED TO
RECOGNIZE THAT THE ACCOUNTS OF CERTAIN CUSTOMERS WERE UNDER COMMON CONTROL OR ACTED IN CONCERT. FINRA ADDITIONALLY FOUND
THAT GSCO FAILED TO MAINTAIN AND ENFORCE A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA RULE 2360(B)
(5), WHICH IS A VIOLATION OF FINRA RULES 3110 AND 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/30/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 425,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $425,000, WHICH WAS PAID IN FULL
VIA WIRE ON AUGUST 30, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $425,000, WHICH WAS PAID IN FULL VIA
WIRE ON AUGUST 30, 2023.regulatory · block 81PDF pages 993–995
- Regulator name — filed text
- CBOE BZX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 125,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $125,000, WHICH WAS PAID IN FULL VIA WIRE ON AUGUST 30, 2023.
Other filed details
Description of allegations — filed text
ON AUGUST 15, 2023, CBOE BZX EXCHANGE ("CBOE BZX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED CBOE BZX'S FINDINGS. CBOE BZX FOUND THAT FROM OCTOBER 2018 THROUGH FEBRUARY 2021, GSCO FAILED TO REPORT OR INCORRECTLY REPORTED CERTAIN OPTIONS POSITIONS TO THE LARGE OPTIONS POSITION REPORT ("LOPR") AND THUS VIOLATED BZX RULE 18.10(A). THE EXCHANGE DETERMINED THAT BZX RULE 5.1 WAS VIOLATED AS A RESULT OF THE FIRM'S FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES AND SUPERVISORY SYSTEMS REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF THE FIRM'S LOPR REPORTING OBLIGATIONS.
Sanction detail — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $125,000, WHICH WAS PAID IN FULL VIA WIRE ON AUGUST 30, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BZX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/14/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FILE NO. URE-95-03/STAR NO. 20200664843
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Options
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 15, 2023, CBOE BZX EXCHANGE ("CBOE BZX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMAN
SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED CBOE BZX'S FINDINGS. CBOE BZX FOUND THAT FROM
OCTOBER 2018 THROUGH FEBRUARY 2021, GSCO FAILED TO REPORT OR INCORRECTLY REPORTED CERTAIN OPTIONS POSITIONS TO THE LARGE
OPTIONS POSITION REPORT ("LOPR") AND THUS VIOLATED BZX RULE 18.10(A). THE EXCHANGE DETERMINED THAT BZX RULE 5.1 WAS VIOLATED AS A
RESULT OF THE FIRM'S FAILURE TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES AND SUPERVISORY SYSTEMS
REASONABLY DESIGNED TO PREVENT AND DETECT VIOLATIONS OF THE FIRM'S LOPR REPORTING OBLIGATIONS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/30/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 125,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $125,000, WHICH WAS PAID IN FULL
VIA WIRE ON AUGUST 30, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE IN THE AMOUNT OF $125,000, WHICH WAS PAID IN FULL VIA
WIRE ON AUGUST 30, 2023.regulatory · block 82PDF pages 995–997
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION
- Monetary/Fine Amount — filed text
- $ 5,500,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST, AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $5,500,000. THE FINE WAS PAID ON SEPTEMBER 8, 2023.
Other filed details
Description of allegations — filed text
ON AUGUST 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS & CO. LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO. THE CFTC FOUND THAT FROM AT LEAST MARCH 2020 TO NOVEMBER 2020 ("RELEVANT PERIOD"), GSCO VIOLATED SECTION 4S(F)(1)(C) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. § 6S(F)(1)(C), AND COMMISSION REGULATIONS ("REGULATIONS") 1.31(B)(2) AND 23.202(A)(1) AND (B)(1), 17 C.F.R. §§ 1.31(B)(2), 23.202(A)(1), (B)(1) (2022), AND VIOLATED THE CEASE-AND DESIST PROVISION OF A PRIOR COMMISSION ORDER. THE COMMISSION FOUND THAT GSCO USED RECORDING SYSTEM COMPONENTS FROM TWO VENDORS TO RECORD CERTAIN PHONE CALLS, AND DUE TO FAILURES IN THOSE SYSTEMS, GSCO FAILED TO MAKE AND RETAIN A NUMBER OF RECORDINGS OF TRADERS AND SALES PERSONNEL THAT CONTAINED THE ORAL COMMUNICATIONS THAT LED TO THE EXECUTION OF SWAPS AND RELATED CASH AND FORWARD TRANSACTIONS DURING THE RELEVANT PERIOD. CONSEQUENTLY, GSCO ALSO VIOLATED AN ORDER THAT THE COMMISSION HAD PREVIOUSLY ISSUED ON NOVEMBER 26, 2019, RELATED TO OTHER SWAP DEALER RECORDKEEPING VIOLATIONS UNDER THE SAME PROVISIONS. GSCO NEITHER ADMITTED NOR DENIED ANY OF CFTC'S FINDINGS.
Sanction detail — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST, AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $5,500,000. THE FINE WAS PAID ON SEPTEMBER 8, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION
2.
Principal Sanction:
Other
Other Sanctions:
N/A
3.
Date Initiated (MM/DD/YYYY):
08/29/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-39
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS &
CO. LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO. THE CFTC FOUND THAT FROM AT LEAST MARCH 2020 TO NOVEMBER
2020 ("RELEVANT PERIOD"), GSCO VIOLATED SECTION 4S(F)(1)(C) OF THE COMMODITY EXCHANGE ACT ("ACT"), 7 U.S.C. § 6S(F)(1)(C), AND
COMMISSION REGULATIONS ("REGULATIONS") 1.31(B)(2) AND 23.202(A)(1) AND (B)(1), 17 C.F.R. §§ 1.31(B)(2), 23.202(A)(1), (B)(1) (2022), AND
VIOLATED THE CEASE-AND DESIST PROVISION OF A PRIOR COMMISSION ORDER. THE COMMISSION FOUND THAT GSCO USED RECORDING SYSTEM
COMPONENTS FROM TWO VENDORS TO RECORD CERTAIN PHONE CALLS, AND DUE TO FAILURES IN THOSE SYSTEMS, GSCO FAILED TO MAKE AND
RETAIN A NUMBER OF RECORDINGS OF TRADERS AND SALES PERSONNEL THAT CONTAINED THE ORAL COMMUNICATIONS THAT LED TO THE EXECUTION
OF SWAPS AND RELATED CASH AND FORWARD TRANSACTIONS DURING THE RELEVANT PERIOD. CONSEQUENTLY, GSCO ALSO VIOLATED AN ORDER
THAT THE COMMISSION HAD PREVIOUSLY ISSUED ON NOVEMBER 26, 2019, RELATED TO OTHER SWAP DEALER RECORDKEEPING VIOLATIONS UNDER
THE SAME PROVISIONS. GSCO NEITHER ADMITTED NOR DENIED ANY OF CFTC'S FINDINGS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
08/29/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 5,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFTC ORDERED THAT GSCO CEASE AND DESIST, AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $5,500,000. THE FINE WAS PAID
ON SEPTEMBER 8, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFTC ORDERED THAT GSCO CEASE AND DESIST, AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $5,500,000. THE FINE WAS PAID ON
SEPTEMBER 8, 2023.regulatory · block 83PDF pages 997–998
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION
- Monetary/Fine Amount — filed text
- $ 30,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST FROM VIOLATING THESE PROVISIONS OF THE CEA AND COMMISSION REGULATIONS; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $30,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS & CO. LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE COMMISSION'S FINDINGS. THE CFTC FOUND THAT FROM DECEMBER 31, 2012 TO THE PRESENT, GSCO VIOLATED SECTIONS 2(A)(13)(F) AND (G) AND 4S(H)(1) OF THE COMMODITY EXCHANGE ACT ("CEA"), 7 U.S.C. §§ 2(A)(13)(F), (G), 6S(H)(1), AND COMMISSION REGULATIONS 23.431(A)(3)(I), 23.602(A), 43.3(A)(1), 45.3(B)(1), 45.4(C), 45.6, 17 C.F.R. §§ 23.431(A)(3)(I), 23.602(A), 43.3(A)(1), 45.3(B)(1), 45.4(C), AND 45.6 (2022) IN CONNECTION WITH GSCO'S ALLEGED FAILURE TO REPORT ACCURATELY AND TIMELY SWAP DATA, DISCLOSE CERTAIN PTMMMS IN ACCORDANCE WITH THE CFTC'S REQUIREMENTS, AND SUPERVISE CERTAIN AREAS OF ITS SWAP DEALER BUSINESS, INCLUDING SWAP DATA REPORTING, PRE-TRADE MID MARKET MARKS ("PTMMM") DISCLOSURES, A PERSONNEL REPORTING LINE, CLEARING MEMBER RISK MANAGEMENT POLICY, NOTICES REGARDING ITS INITIAL MARGIN MODEL AND TO UNSEGREGATED CLIENTS, AND DISCLOSURE OF STATIC MATERIAL ECONOMIC TERMS. GSCO HAS AND CONTINUES TO TAKE REMEDIAL STEPS TO ADDRESS THE DEFICIENCIES.
Sanction detail — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST FROM VIOLATING THESE PROVISIONS OF THE CEA AND COMMISSION REGULATIONS; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $30,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION
2.
Principal Sanction:
Other
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/29/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-59
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS
& CO. LLC ("GSCO"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE
COMMISSION'S FINDINGS. THE CFTC FOUND THAT FROM DECEMBER 31, 2012 TO THE PRESENT, GSCO VIOLATED SECTIONS 2(A)(13)(F) AND (G) AND
4S(H)(1) OF THE COMMODITY EXCHANGE ACT ("CEA"), 7 U.S.C. §§ 2(A)(13)(F), (G), 6S(H)(1), AND COMMISSION REGULATIONS 23.431(A)(3)(I),
23.602(A), 43.3(A)(1), 45.3(B)(1), 45.4(C), 45.6, 17 C.F.R. §§ 23.431(A)(3)(I), 23.602(A), 43.3(A)(1), 45.3(B)(1), 45.4(C), AND 45.6 (2022) IN
CONNECTION WITH GSCO'S ALLEGED FAILURE TO REPORT ACCURATELY AND TIMELY SWAP DATA, DISCLOSE CERTAIN PTMMMS IN ACCORDANCE WITH
THE CFTC'S REQUIREMENTS, AND SUPERVISE CERTAIN AREAS OF ITS SWAP DEALER BUSINESS, INCLUDING SWAP DATA REPORTING, PRE-TRADE MID
MARKET MARKS ("PTMMM") DISCLOSURES, A PERSONNEL REPORTING LINE, CLEARING MEMBER RISK MANAGEMENT POLICY, NOTICES REGARDING ITS
INITIAL MARGIN MODEL AND TO UNSEGREGATED CLIENTS, AND DISCLOSURE OF STATIC MATERIAL ECONOMIC TERMS. GSCO HAS AND CONTINUES TO
TAKE REMEDIAL STEPS TO ADDRESS THE DEFICIENCIES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/29/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 30,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKINGS
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFTC ORDERED THAT GSCO CEASE AND DESIST FROM VIOLATING THESE PROVISIONS OF THE CEA AND COMMISSION REGULATIONS; COMPLY
WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $30,000,000.
THE FINE WAS PAID ON OCTOBER 5, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFTC ORDERED THAT GSCO CEASE AND DESIST FROM VIOLATING THESE PROVISIONS OF THE CEA AND COMMISSION REGULATIONS; COMPLY WITH
THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $30,000,000. THE FINE
WAS PAID ON OCTOBER 5, 2023.regulatory · block 84PDF pages 999–1000
- Regulator name — filed text
- ICE FUTURES U.S.
- Monetary/Fine Amount — filed text
- $ 70,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS, GSCO AGREED TO PAY A MONETARY FINE OF $70,000. THE FINE WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 9, 2023.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 20, 2023, A SUBCOMMITTEE OF THE ICE FUTURES U.S. BUSINESS CONDUCT COMMITTEE ("IFUS") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") MAY HAVE VIOLATED EXCHANGE RULES 6.15(A) AND 4.01(B) BY INACCURATELY REPORTING LARGE TRADER POSITIONS IN MULTIPLE INSTANCES BETWEEN NOVEMBER 2021 AND NOVEMBER 2022, AND FAILING TO IMPLEMENT SUPERVISORY SYSTEMS, POLICIES, AND PROCEDURES DESIGNED TO ENSURE COMPLIANCE WITH EXCHANGE RULES.
Sanction detail — filed text
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS, GSCO AGREED TO PAY A MONETARY FINE OF $70,000. THE FINE WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 9, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/20/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022-009
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Futures - Commodity
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 20, 2023, A SUBCOMMITTEE OF THE ICE FUTURES U.S. BUSINESS CONDUCT COMMITTEE ("IFUS") DETERMINED THAT GOLDMAN SACHS
& CO. LLC ("GSCO") MAY HAVE VIOLATED EXCHANGE RULES 6.15(A) AND 4.01(B) BY INACCURATELY REPORTING LARGE TRADER POSITIONS IN
MULTIPLE INSTANCES BETWEEN NOVEMBER 2021 AND NOVEMBER 2022, AND FAILING TO IMPLEMENT SUPERVISORY SYSTEMS, POLICIES, AND
PROCEDURES DESIGNED TO ENSURE COMPLIANCE WITH EXCHANGE RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
10/09/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 70,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS, GSCO AGREED TO PAY A
MONETARY FINE OF $70,000. THE FINE WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 9, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO AN OFFER OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS, GSCO AGREED TO PAY A MONETARY FINE
OF $70,000. THE FINE WAS PAID BY SUBMISSION OF A WIRE ON OCTOBER 9, 2023.regulatory · block 85PDF pages 1000–1002
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 6,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 22, 2023, THE SECURITIES AND EXCHANGE COMMISSION ("SEC" OR "COMMISSION") INSTITUTED PUBLIC ADMINISTRATIVE AND CEASE- AND-DESIST PROCEEDINGS AGAINST GOLDMAN SACHS & CO. ("GSCO" OR "THE FIRM") PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AND SECTION 203(E) OF THE INVESTMENT ADVISERS ACT OF 1940 ("ADVISERS ACT"), BASED ON THEIR DETERMINATION THAT FEDERAL SECURITIES LAWS WERE VIOLATED. GSCO ADMITTED THE SEC'S JURISDICTION AND THE FACTS SET FORTH IN THE ORDER AND SUBMITTED AN OFFER OF SETTLEMENT ("OFFER"), WHICH THE SEC ACCEPTED. THE SEC FOUND THAT FROM AT LEAST NOVEMBER 2012 THROUGH OCTOBER 2022, AT LEAST 22,192 OUT OF 52,147 OF THE ELECTRONIC BLUE SHEETS ("EBS") SUBMITTED BY GSCO INCLUDED INACCURATE OR INCOMPLETE INFORMATION, RESULTING IN THE MISREPORTING OF TRADE DATA. AS A RESULT, THE FIRM VIOLATED THE RECORDKEEPING AND REPORTING REQUIREMENTS OF SECTION 17(A)(1) OF THE EXCHANGE ACT AND RULES 17A-4(J) AND 17A-25. GSCO INITIATED A VOLUNTARY REMEDIATION PROGRAM AND IS RESUBMITTING CORRECTED EBS TO THE COMMISSION.
Sanction detail — filed text
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/22/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-21700
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 22, 2023, THE SECURITIES AND EXCHANGE COMMISSION ("SEC" OR "COMMISSION") INSTITUTED PUBLIC ADMINISTRATIVE AND CEASE-
AND-DESIST PROCEEDINGS AGAINST GOLDMAN SACHS & CO. ("GSCO" OR "THE FIRM") PURSUANT TO SECTIONS 15(B) AND 21C OF THE SECURITIES
EXCHANGE ACT OF 1934 AND SECTION 203(E) OF THE INVESTMENT ADVISERS ACT OF 1940 ("ADVISERS ACT"), BASED ON THEIR DETERMINATION THAT
FEDERAL SECURITIES LAWS WERE VIOLATED. GSCO ADMITTED THE SEC'S JURISDICTION AND THE FACTS SET FORTH IN THE ORDER AND SUBMITTED AN
OFFER OF SETTLEMENT ("OFFER"), WHICH THE SEC ACCEPTED. THE SEC FOUND THAT FROM AT LEAST NOVEMBER 2012 THROUGH OCTOBER 2022, AT
LEAST 22,192 OUT OF 52,147 OF THE ELECTRONIC BLUE SHEETS ("EBS") SUBMITTED BY GSCO INCLUDED INACCURATE OR INCOMPLETE INFORMATION,
RESULTING IN THE MISREPORTING OF TRADE DATA. AS A RESULT, THE FIRM VIOLATED THE RECORDKEEPING AND REPORTING REQUIREMENTS OF
SECTION 17(A)(1) OF THE EXCHANGE ACT AND RULES 17A-4(J) AND 17A-25. GSCO INITIATED A VOLUNTARY REMEDIATION PROGRAM AND IS
RESUBMITTING CORRECTED EBS TO THE COMMISSION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/22/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
UNDERTAKING
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,000,000. THE FINE
WAS PAID ON OCTOBER 3, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE SEC ORDERED THAT GSCO CEASE AND DESIST; IS CENSURED; AND PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $6,000,000. THE FINE WAS
PAID ON OCTOBER 3, 2023.regulatory · block 86PDF pages 1002–1004
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY
- Monetary/Fine Amount — filed text
- $ 6,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
PURSUANT TO THE AWC, GSCO WAS CENSURED, IS REQUIRED TO CERTIFY TO FINRA WITHIN 90 DAYS THAT IT HAS REMEDIATED THE ISSUES IDENTIFIED IN THE AWC AND IMPLEMENTED A SUPVERSORY SYSTEM RESONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT RULES, AND AGREED TO PAY A MONETARY FINE OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 22, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT ("AWC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM") IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS BUT CONSENTED TO THE SANCTIONS AND TO THE FINDINGS THAT FROM NOVEMBER 2012 THROUGH MARCH 2022, IT SUBMITTED ALMOST 25,000 ELECTRONIC BLUE SHEETS ("EBS") TO FINRA THAT INACCURATELY REPORTED ONE OR MORE OF 39 SEPARATE TYPES OF TRANSACTION INFORMATION AND MISREPORTED AT LEAST 97 MILLION TRANSACTIONS. AS A RESULT, THE FIRM VIOLATED FINRA RULES 8211, 8213, AND 2010. IN ADDITION, FINRA FOUND THE FIRM'S FAILURE TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA AND THE SECURITIES AND EXCHANGE COMMISSION ("SEC") EBS REQUIREMENTS WAS IN VIOLATION OF FINRA RULES 3110, 2010 AND NASD RULE 3010. GSCO CURRENTLY HAS AN ONGOING REMEDIATION PROGRAM TO IMPROVE ITS EBS SYSTEM AND ADDRESS THE DISCOVERED DEFICIENCIES.
Sanction detail — filed text
PURSUANT TO THE AWC, GSCO WAS CENSURED, IS REQUIRED TO CERTIFY TO FINRA WITHIN 90 DAYS THAT IT HAS REMEDIATED THE ISSUES IDENTIFIED IN THE AWC AND IMPLEMENTED A SUPVERSORY SYSTEM RESONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT RULES, AND AGREED TO PAY A MONETARY FINE OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/22/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019061945001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 22, 2023, THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") ACCEPTED A LETTER OF ACCEPTANCE, WAIVER, AND CONSENT
("AWC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM") IN WHICH GSCO NEITHER ADMITTED NOR DENIED FINRA'S FINDINGS BUT
CONSENTED TO THE SANCTIONS AND TO THE FINDINGS THAT FROM NOVEMBER 2012 THROUGH MARCH 2022, IT SUBMITTED ALMOST 25,000
ELECTRONIC BLUE SHEETS ("EBS") TO FINRA THAT INACCURATELY REPORTED ONE OR MORE OF 39 SEPARATE TYPES OF TRANSACTION INFORMATION
AND MISREPORTED AT LEAST 97 MILLION TRANSACTIONS. AS A RESULT, THE FIRM VIOLATED FINRA RULES 8211, 8213, AND 2010. IN ADDITION, FINRA
FOUND THE FIRM'S FAILURE TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA AND
THE SECURITIES AND EXCHANGE COMMISSION ("SEC") EBS REQUIREMENTS WAS IN VIOLATION OF FINRA RULES 3110, 2010 AND NASD RULE 3010.
GSCO CURRENTLY HAS AN ONGOING REMEDIATION PROGRAM TO IMPROVE ITS EBS SYSTEM AND ADDRESS THE DISCOVERED DEFICIENCIES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
09/22/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE AWC, GSCO WAS CENSURED, IS REQUIRED TO CERTIFY TO FINRA WITHIN 90 DAYS THAT IT HAS REMEDIATED THE ISSUES
IDENTIFIED IN THE AWC AND IMPLEMENTED A SUPVERSORY SYSTEM RESONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT
RULES, AND AGREED TO PAY A MONETARY FINE OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE AWC, GSCO WAS CENSURED, IS REQUIRED TO CERTIFY TO FINRA WITHIN 90 DAYS THAT IT HAS REMEDIATED THE ISSUES
IDENTIFIED IN THE AWC AND IMPLEMENTED A SUPVERSORY SYSTEM RESONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE RELEVANT RULES,
AND AGREED TO PAY A MONETARY FINE OF $6,000,000. THE FINE WAS PAID ON OCTOBER 3, 2023.regulatory · block 87PDF pages 1004–1006
- Regulator name — filed text
- COMMODITY FUTURES TRADING COMMISSION
- Monetary/Fine Amount — filed text
- $ 3,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $3,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE COMMISSION'S FINDINGS. THE CFTC FOUND THAT GSCO FAILED TO MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM WITH RESPECT TO DISRUPTIVE TRADING, IN VIOLATION OF COMMISSION REGULATION 166.3, IN CONNECTION WITH A SINGLE EIGHT-MINUTE TRADING EPISODE FROM DECEMBER 29, 2017. ADDITIONALLY, THE CFTC FOUND THAT GSCO REASONABLY SHOULD HAVE KNOWN THAT THE OMISSION OF INFORMATION REGARDING THE FIRM'S CONTROL SYSTEMS AND THEIR MALFUNCTION IN CONNECTION WITH DECEMBER 29, 2017 TRADING EPISODE FROM A STATEMENT TO THE CFTC'S DIVISION OF ENFORCEMENT WAS MATERIALLY MISLEADING, IN VIOLATION OF SECTION 6(C)(2) OF THE COMMODITY EXCHANGE ACT.
Sanction detail — filed text
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $3,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
COMMODITY FUTURES TRADING COMMISSION
2.
Principal Sanction:
Other
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/29/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
23-60
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Other
Other Product Types:
GAS AND OIL FUTURES
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 29, 2023, THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION" OR "CFTC") ISSUED AN ORDER AGAINST GOLDMAN SACHS
& CO. LLC ("GSCO" OR THE "FIRM"), ACCEPTING AN OFFER OF SETTLEMENT SUBMITTED BY GSCO, IN WHICH GSCO NEITHER ADMITTED NOR DENIED
THE COMMISSION'S FINDINGS. THE CFTC FOUND THAT GSCO FAILED TO MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM WITH RESPECT TO DISRUPTIVE
TRADING, IN VIOLATION OF COMMISSION REGULATION 166.3, IN CONNECTION WITH A SINGLE EIGHT-MINUTE TRADING EPISODE FROM DECEMBER 29,
2017. ADDITIONALLY, THE CFTC FOUND THAT GSCO REASONABLY SHOULD HAVE KNOWN THAT THE OMISSION OF INFORMATION REGARDING THE FIRM'S
CONTROL SYSTEMS AND THEIR MALFUNCTION IN CONNECTION WITH DECEMBER 29, 2017 TRADING EPISODE FROM A STATEMENT TO THE CFTC'S
DIVISION OF ENFORCEMENT WAS MATERIALLY MISLEADING, IN VIOLATION OF SECTION 6(C)(2) OF THE COMMODITY EXCHANGE ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/29/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 3,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY
A CIVIL MONETARY PENALTY IN THE AMOUNT OF $3,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE CFTC ORDERED THAT GSCO CEASE AND DESIST; COMPLY WITH THE CONDITIONS AND UNDERTAKINGS ENUMERATED IN THE OFFER; AND PAY A
CIVIL MONETARY PENALTY IN THE AMOUNT OF $3,000,000. THE FINE WAS PAID ON OCTOBER 5, 2023.regulatory · block 88PDF pages 1006–1008
- Regulator name — filed text
- CBOE EDGX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 47,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE EDGX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/24/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190634995-03/FILE NO. URE-98-07
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/25/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 89PDF pages 1008–1010
- Regulator name — filed text
- CBOE EDGA EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 47,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE EDGA EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/24/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190634995-04/FILE NO. URE-98-08
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/25/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 90PDF pages 1010–1012
- Regulator name — filed text
- CBOE BZX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 47,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BZX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
(
)
( )
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/24/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 20190634995-01/ FILE NO. URE-98-05
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/25/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 91PDF pages 1012–1013
- Regulator name — filed text
- INVESTORS' EXCHANGE LLC
- Monetary/Fine Amount — filed text
- $ 20,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INVESTORS' EXCHANGE LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499506
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 92PDF pages 1014–1015
- Regulator name — filed text
- NASDAQ BX, INC.
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ BX, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499508
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 93PDF pages 1015–1017
- Regulator name — filed text
- NASDAQ PHLX LLC
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ PHLX LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499509
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 94PDF pages 1017–1019
- Regulator name — filed text
- NYSE AMERICAN LLC
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE AMERICAN LLC
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499511
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 95PDF pages 1019–1021
- Regulator name — filed text
- NYSE ARCA
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE ARCA
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499512
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 96PDF pages 1021–1023
- Regulator name — filed text
- NYSE CHICAGO, INC.
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE CHICAGO, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499513
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 97PDF pages 1023–1025
- Regulator name — filed text
- NYSE NATIONAL, INC.
- Monetary/Fine Amount — filed text
- $ 8,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NYSE NATIONAL, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499514
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 8,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 98PDF pages 1025–1027
- Regulator name — filed text
- NASDAQ STOCK MARKET
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NASDAQ STOCK MARKET
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499507
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/06/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 99PDF pages 1027–1029
- Regulator name — filed text
- CBOE BYX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 47,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BYX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
01/24/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
STAR NO. 201906349955-02/FILE NO. URE-98-06
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
01/25/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 47,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.regulatory · block 100PDF pages 1029–1032
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE
- Monetary/Fine Amount — filed text
- $ 37,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC. DRP Pages
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT (COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES. GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
NEW YORK STOCK EXCHANGE
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2019063499510
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), SUBMITTED LETTERS OF CONSENT AND LETTERS OF ACCEPTANCE, WAIVER, AND CONSENT
(COLLECTIVELY, "LETTERS"), WHICH WERE ACCEPTED TO ENTER SETTLEMENTS WITH FINRA AND 13 EXCHANGES. GSCO NEITHER ADMITTED NOR
DENIED THE FINDINGS IN THE LETTERS, AND CONSENTED TO THE SANCTIONS AND ENTRY OF FINDINGS THAT ITS SUPERVISORY SYSTEM WAS NOT
REASONABLY DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE TRADING ACTIVITY. SPECIFICALLY, FINRA AND THE 13 EXCHANGES FOUND THAT
GSCO FAILED TO INCLUDE WARRANTS, RIGHTS, UNITS, AND CERTAIN OVER-THE-COUNTER ("OTC") EQUITY SECURITIES IN CERTAIN SURVEILLANCE
REPORTS DESIGNED TO IDENTIFY POTENTIALLY MANIPULATIVE PROPRIETARY AND CUSTOMER TRADING. THESE SECURITIES WERE EXCLUDED FOR
EXTENDED PERIODS RANGING FROM APPROXIMATELY TWO YEARS TO MORE THAN 12 YEARS, BETWEEN 2009 AND 2023. THE FIRM'S SUPERVISORY
SYSTEM DID NOT REQUIRE A REVIEW OF ITS AUTOMATED SURVEILLANCE REPORTS, AND AS A RESULT, GSCO FAILED TO DETECT THESE DEFICIENCIES.
GSCO COMPLETED REMEDIATION FOR ALL SURVEILLANCE REPORTS, AND ALSO IMPLEMENTED REVIEWS TO IDENTIFY IF ANY SECURITY WAS
INADVERTENTLY EXCLUDED FROM NEW OR MODIFIED SURVEILLANCE REPORTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
02/05/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 37,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY
FINRA; $47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY
CBOE EDGX EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX,
INC.; $37,000 BY NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA,
INC.; $37,000 BY NYSE CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
THE FIRM WAS CENSURED AND FINED A TOTAL AMOUNT OF $512,500 BY FINRA AND THE 13 EXCHANGES, ALLOCATED AS FOLLOWS: $37,000 BY FINRA;
$47,000 BY CBOE BYX EXCHANGE, INC.; $47,000 BY CBOE BZX EXCHANGE, INC.; $47,000 BY CBOE EDGA EXCHANGE, INC.; $47,000 BY CBOE EDGX
EXCHANGE, INC.; $20,000 BY INVESTORS EXCHANGE LLC; $37,000 BY THE NASDAQ STOCK MARKET LLC; $37,000 BY NASDAQ BX, INC.; $37,000 BY
NASDAQ PHLX LLC; $37,000 BY THE NEW YORK STOCK EXCHANGE LLC; $37,000 BY NYSE AMERICAN; $37,000 BY NYSE ARCA, INC.; $37,000 BY NYSE
CHICAGO, INC.; AND $8,500 BY NYSE NATIONAL, INC.
DRP Pagesregulatory · block 1PDF pages 1032–1033
- Regulator name — filed text
- ICE FUTURES U.S.
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
IN ACCORDANCE WITH THE TERMS OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE ALLEGED RULE VIOLATION, GSCO AGREED TO PAY A MONETARY PENALTY OF $10,000. THE FINE WAS PAID IN FULL ON FEBRUARY 26, 2024.
Other filed details
Description of allegations — filed text
ON FEBRUARY 21, 2024, A SUBCOMMITTEE OF THE ICE FUTURES U.S. BUSINESS CONDUCT COMMITTEE ("IFUS") DETERMINED THAT GOLDMAN SACHS & CO. LLC ("GSCO") MAY HAVE VIOLATED EXCHANGE RULE 4.02(C) ON JULY 29, 2022, WHEN AN EMPLOYEE, UPON RECEIPT OF SIMULTANEOUS BUY AND SELL ORDERS IN THE SAME FUTURES CONTRACT, FAILED TO INQUIRE ABOUT THE OWNERSHIP TO CONFIRM WHETHER THEY BELONGED TO THE SAME PRINCIPAL, AND ENTERED THE ORDERS RESULTING IN A WASH TRADE.
Sanction detail — filed text
IN ACCORDANCE WITH THE TERMS OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE ALLEGED RULE VIOLATION, GSCO AGREED TO PAY A MONETARY PENALTY OF $10,000. THE FINE WAS PAID IN FULL ON FEBRUARY 26, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
02/21/2024
Exact
Explanation
p
If not exact, provide explanation:
4.
Docket/Case Number:
2022-033
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON FEBRUARY 21, 2024, A SUBCOMMITTEE OF THE ICE FUTURES U.S. BUSINESS CONDUCT COMMITTEE ("IFUS") DETERMINED THAT GOLDMAN SACHS &
CO. LLC ("GSCO") MAY HAVE VIOLATED EXCHANGE RULE 4.02(C) ON JULY 29, 2022, WHEN AN EMPLOYEE, UPON RECEIPT OF SIMULTANEOUS BUY AND
SELL ORDERS IN THE SAME FUTURES CONTRACT, FAILED TO INQUIRE ABOUT THE OWNERSHIP TO CONFIRM WHETHER THEY BELONGED TO THE SAME
PRINCIPAL, AND ENTERED THE ORDERS RESULTING IN A WASH TRADE.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
02/21/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 10,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
IN ACCORDANCE WITH THE TERMS OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE ALLEGED RULE VIOLATION, GSCO
AGREED TO PAY A MONETARY PENALTY OF $10,000. THE FINE WAS PAID IN FULL ON FEBRUARY 26, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
IN ACCORDANCE WITH THE TERMS OF SETTLEMENT, IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE ALLEGED RULE VIOLATION, GSCO AGREED
TO PAY A MONETARY PENALTY OF $10,000. THE FINE WAS PAID IN FULL ON FEBRUARY 26, 2024.regulatory · block 2PDF pages 1033–1035
- Regulator name — filed text
- ICE FUTURES U.S., INC.
- Monetary/Fine Amount — filed text
- $ 15,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
IFUS IMPOSED A SUMMARY FINE OF $15,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 8, 2024.
Other filed details
Description of allegations — filed text
ON APRIL 30, 2024, THE MARKET REGULATION DEPARTMENT OF ICE FUTURES U.S., INC. ("IFUS") FOUND THAT GOLDMAN SACHS & CO. LLC ("GSCO") FAILED TO MEET THE REQUIREMENTS OF EXCHANGE RULES 4.19(C)(II)(2), AND 4.19(E), BY FAILING TO PRESERVE THE REQUIRED ORDER MESSAGE DATA.
Sanction detail — filed text
IFUS IMPOSED A SUMMARY FINE OF $15,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 8, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
ICE FUTURES U.S., INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
04/30/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2023-025
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON APRIL 30, 2024, THE MARKET REGULATION DEPARTMENT OF ICE FUTURES U.S., INC. ("IFUS") FOUND THAT GOLDMAN SACHS & CO. LLC ("GSCO")
FAILED TO MEET THE REQUIREMENTS OF EXCHANGE RULES 4.19(C)(II)(2), AND 4.19(E), BY FAILING TO PRESERVE THE REQUIRED ORDER MESSAGE
DATA.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/30/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
IFUS IMPOSED A SUMMARY FINE OF $15,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 8, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
IFUS IMPOSED A SUMMARY FINE OF $15,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON MAY 8, 2024.regulatory · block 3PDF pages 1035–1037
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 1,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JUNE 12, 2024.
Other filed details
Description of allegations — filed text
ON MAY 16, 2024, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE FIRM") THAT CME RECENTLY CONDUCTED A SUSPENSE ACCOUNT EXAM FOR TRADE DATES OCTOBER 1, 2023 THROUGH DECEMBER 31, 2023, WHERE CME IDENTIFIED POTENTIAL VIOLATIONS OF RULE 536.C REGARDING BUNCHED ORDERS AND ORDERS ELIGIBLE FOR POST EXECUTION ALLOCATION, FOR USING A GENERAL SUSPENSE ACCOUNT AND NOT OBTAINING SPECIFIC ACCOUNT DESIGNATIONS UNTIL AFTER ORDER ENTRY FOR SIX ORDERS.
Sanction detail — filed text
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JUNE 12, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/16/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
DQA-24-1369
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON MAY 16, 2024, THE MARKET REGULATION DEPARTMENT OF THE CME GROUP INC. ("CME") NOTIFIED GOLDMAN SACHS & CO. LLC ("GSCO" OR "THE
FIRM") THAT CME RECENTLY CONDUCTED A SUSPENSE ACCOUNT EXAM FOR TRADE DATES OCTOBER 1, 2023 THROUGH DECEMBER 31, 2023, WHERE
CME IDENTIFIED POTENTIAL VIOLATIONS OF RULE 536.C REGARDING BUNCHED ORDERS AND ORDERS ELIGIBLE FOR POST EXECUTION ALLOCATION,
FOR USING A GENERAL SUSPENSE ACCOUNT AND NOT OBTAINING SPECIFIC ACCOUNT DESIGNATIONS UNTIL AFTER ORDER ENTRY FOR SIX ORDERS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
05/16/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JUNE 12, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A SUMMARY FINE IN THE AMOUNT OF $1,000, WHICH GSCO PAID BY SUBMISSION OF A WIRE ON JUNE 12, 2024.regulatory · block 4PDF pages 1037–1039
- Regulator name — filed text
- CBOE BYX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
Other filed details
Description of allegations — filed text
ON AUGUST 14, 2024, CBOE BYX EXCHANGE, INC. ("CBOE BYX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS BUT CONSENTED TO THE SANCTIONS. IN CONNECTION WITH A DECEMBER 15, 2022 ORDER, CBOE BYX FOUND THAT GSCO FAILED TO IMPLEMENT REASONABLY DESIGNED PRE- ORDER CONTROLS TO PREVENT ERRONEOUSLY PRICED LIMIT ORDERS FROM BEING ENTERED ON THE EXCHANGE. AS A RESULT, THE EXCHANGE DETERMINED THAT GSCO VIOLATED SEC RULE 15C3-5 AND BYX RULE 3.2.
Sanction detail — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE BYX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/09/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FILE NO. URE-257-06
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 14, 2024, CBOE BYX EXCHANGE, INC. ("CBOE BYX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS BUT CONSENTED TO THE
SANCTIONS. IN CONNECTION WITH A DECEMBER 15, 2022 ORDER, CBOE BYX FOUND THAT GSCO FAILED TO IMPLEMENT REASONABLY DESIGNED PRE-
ORDER CONTROLS TO PREVENT ERRONEOUSLY PRICED LIMIT ORDERS FROM BEING ENTERED ON THE EXCHANGE. AS A RESULT, THE EXCHANGE
DETERMINED THAT GSCO VIOLATED SEC RULE 15C3-5 AND BYX RULE 3.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/14/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.regulatory · block 5PDF pages 1039–1040
- Regulator name — filed text
- CBOE EDGX EXCHANGE, INC.
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
Other filed details
Description of allegations — filed text
ON AUGUST 14, 2024, CBOE EDGX EXCHANGE, INC. ("CBOE EDGX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS BUT CONSENTED TO THE SANCTIONS. IN CONNECTION WITH A DECEMBER 15, 2022 ORDER, CBOE EDGX FOUND THAT GSCO FAILED TO IMPLEMENT REASONABLY DESIGNED PRE-ORDER CONTROLS TO PREVENT ERRONEOUSLY PRICED LIMIT ORDERS FROM BEING ENTERED ON THE EXCHANGE. AS A RESULT, THE EXCHANGE DETERMINED THAT GSCO VIOLATED SEC RULE 15C3-5 AND EDGX RULE 3.2.
Sanction detail — filed text
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CBOE EDGX EXCHANGE, INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
08/09/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
FILE NO. URE-257-07
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON AUGUST 14, 2024, CBOE EDGX EXCHANGE, INC. ("CBOE EDGX" OR THE "EXCHANGE") ACCEPTED A LETTER OF CONSENT ("LOC") SUBMITTED BY
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM"), IN WHICH GSCO NEITHER ADMITTED NOR DENIED THE VIOLATIONS BUT CONSENTED TO THE
SANCTIONS. IN CONNECTION WITH A DECEMBER 15, 2022 ORDER, CBOE EDGX FOUND THAT GSCO FAILED TO IMPLEMENT REASONABLY DESIGNED
PRE-ORDER CONTROLS TO PREVENT ERRONEOUSLY PRICED LIMIT ORDERS FROM BEING ENTERED ON THE EXCHANGE. AS A RESULT, THE EXCHANGE
DETERMINED THAT GSCO VIOLATED SEC RULE 15C3-5 AND EDGX RULE 3.2.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
08/14/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 7,500.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
PURSUANT TO THE LOC, GSCO WAS CENSURED AND AGREED TO PAY A MONETARY FINE OF $7,500.regulatory · block 6THE GOLDMAN SACHS GROUP, INC.PDF pages 1040–1042
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 300,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.
Other filed details
Description of allegations — filed text
ON SEPTEMBER 25, 2024, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION ("SEC"), WHICH ALLEGED GS GROUP AND RELEVANT GS GROUP AFFILIATES FAILED TO TIMELY FILE SECTION 16(A) REPORTS WITH RESPECT TO CERTAIN ISSUERS, INCLUDING LATE-REPORTED TRANSACTIONS EXECUTED FROM MARCH 2018 TO NOVEMBER 2021. WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
09/25/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-22185
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON SEPTEMBER 25, 2024, THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") ENTERED INTO AN ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS
WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION ("SEC"), WHICH ALLEGED GS GROUP AND RELEVANT GS GROUP AFFILIATES FAILED TO
TIMELY FILE SECTION 16(A) REPORTS WITH RESPECT TO CERTAIN ISSUERS, INCLUDING LATE-REPORTED TRANSACTIONS EXECUTED FROM MARCH 2018
TO NOVEMBER 2021. WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND
DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF
1934 AND RULE 16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
09/25/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 300,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND DESIST FROM
COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND
RULE 16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE FINDINGS, GS GROUP CONSENTED TO THE ENTRY OF THE SEC'S ORDER TO CEASE AND DESIST FROM
COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 16(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE
16A-3 AND AGREED TO PAY A CIVIL MONETARY PENALTY IN THE AMOUNT OF $300,000, WHICH GS GROUP PAID ON OCTOBER 15, 2024.regulatory · block 7GOLDMAN SACHS BANK USAPDF pages 1042–1044
- Advisory affiliate name — filed text
- GOLDMAN SACHS BANK USA
- Regulator name — filed text
- CONSUMER FINANCIAL PROTECTION BUREAU
- Monetary/Fine Amount — filed text
- $ 45,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE ORDER, GS BANK STIPULATED TO THE ENTRY OF THE ORDER AND AGREED TO PAY A $45 MILLION CIVIL MONEY PENALTY TO THE CFPB, $19.8 MILLION IN REDRESS TO CONSUMERS WITH CREDIT GIVEN FOR RESTITUTION GS BANK ALREADY PROVIDED TO AFFECTED CONSUMERS, TO REFRAIN FROM VIOLATING RELEVANT STATUES AND REGULATIONS, AND TO TAKE CERTAIN OTHER REMEDIAL MEASURES, INCLUDING CREATING AND IMPLEMENTING A COMPREHENSIVE COMPLIANCE PLAN DESIGNED TO ENSURE COMPLIANCE WITH APPLICABLE LAWS.
Other filed details
Description of allegations — filed text
ON OCTOBER 23, 2024, GOLDMAN SACHS BANK USA ("GS BANK") ENTERED INTO A CONSENT ORDER (THE "ORDER") WITH THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") RELATED TO THE ADMINISTRATION OF THE APPLE CARD BETWEEN 2019 AND 2021. SPECIFICALLY, THE CFPB CONDUCTED AN INVESTIGATION OF GS BANK'S HANDLING OF DISPUTES AND ITS OFFERING OF THE INTEREST-FREE PURCHASE PROMOTION KNOWN AS APPLE CARD MONTHLY INSTALLMENTS ("ACMI"). IN THE ORDER, THE CFPB ALLEGED THAT BETWEEN DECEMBER 2019 AND APPROXIMATELY JULY 2020, GS BANK MADE MISLEADING REPRESENTATIONS ABOUT ACMI ENROLLMENT AND, BETWEEN DECEMBER 2019 AND APPROXIMATELY MAY 2021, MISREPRESENTED HOW REFUNDS TO CONSUMERS' ACMI AND NON-ACMI BALANCES WOULD BE APPLIED. IN ADDITION, THE CFPB ALLEGED THAT GS BANK'S HANDLING OF CREDIT CARD TRANSACTION DISPUTES BETWEEN PRODUCT LAUNCH IN AUGUST 2019 AND APPROXIMATELY DECEMBER 2021 VIOLATED THE TRUTH IN LENDING ACT AND ITS IMPLEMENTING REGULATION Z, AND ALSO INVOLVED UNFAIR PRACTICES UNDER THE CONSUMER FINANCIAL PROTECTION ACT OF 2010.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE ORDER, GS BANK STIPULATED TO THE ENTRY OF THE ORDER AND AGREED TO PAY A $45 MILLION CIVIL MONEY PENALTY TO THE CFPB, $19.8 MILLION IN REDRESS TO CONSUMERS WITH CREDIT GIVEN FOR RESTITUTION GS BANK ALREADY PROVIDED TO AFFECTED CONSUMERS, TO REFRAIN FROM VIOLATING RELEVANT STATUES AND REGULATIONS, AND TO TAKE CERTAIN OTHER REMEDIAL MEASURES, INCLUDING CREATING AND IMPLEMENTING A COMPREHENSIVE COMPLIANCE PLAN DESIGNED TO ENSURE COMPLIANCE WITH APPLICABLE LAWS.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
GOLDMAN SACHS BANK USA
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CONSUMER FINANCIAL PROTECTION BUREAU
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/23/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2024-CFPB-0011
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 23, 2024, GOLDMAN SACHS BANK USA ("GS BANK") ENTERED INTO A CONSENT ORDER (THE "ORDER") WITH THE CONSUMER FINANCIAL
PROTECTION BUREAU ("CFPB") RELATED TO THE ADMINISTRATION OF THE APPLE CARD BETWEEN 2019 AND 2021. SPECIFICALLY, THE CFPB
CONDUCTED AN INVESTIGATION OF GS BANK'S HANDLING OF DISPUTES AND ITS OFFERING OF THE INTEREST-FREE PURCHASE PROMOTION KNOWN AS
APPLE CARD MONTHLY INSTALLMENTS ("ACMI"). IN THE ORDER, THE CFPB ALLEGED THAT BETWEEN DECEMBER 2019 AND APPROXIMATELY JULY 2020,
GS BANK MADE MISLEADING REPRESENTATIONS ABOUT ACMI ENROLLMENT AND, BETWEEN DECEMBER 2019 AND APPROXIMATELY MAY 2021,
MISREPRESENTED HOW REFUNDS TO CONSUMERS' ACMI AND NON-ACMI BALANCES WOULD BE APPLIED. IN ADDITION, THE CFPB ALLEGED THAT GS
BANK'S HANDLING OF CREDIT CARD TRANSACTION DISPUTES BETWEEN PRODUCT LAUNCH IN AUGUST 2019 AND APPROXIMATELY DECEMBER 2021
VIOLATED THE TRUTH IN LENDING ACT AND ITS IMPLEMENTING REGULATION Z, AND ALSO INVOLVED UNFAIR PRACTICES UNDER THE CONSUMER
FINANCIAL PROTECTION ACT OF 2010.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
10/23/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 45,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
CERTAIN OTHER REMEDIAL MEASURES, INCLUDING CREATING AND IMPLEMENTING A COMPREHENSIVE COMPLIANCE PLAN.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE ORDER, GS BANK STIPULATED TO THE ENTRY OF THE ORDER AND AGREED TO PAY A
$45 MILLION CIVIL MONEY PENALTY TO THE CFPB, $19.8 MILLION IN REDRESS TO CONSUMERS WITH CREDIT GIVEN FOR RESTITUTION GS BANK
ALREADY PROVIDED TO AFFECTED CONSUMERS, TO REFRAIN FROM VIOLATING RELEVANT STATUES AND REGULATIONS, AND TO TAKE CERTAIN
OTHER REMEDIAL MEASURES, INCLUDING CREATING AND IMPLEMENTING A COMPREHENSIVE COMPLIANCE PLAN DESIGNED TO ENSURE
COMPLIANCE WITH APPLICABLE LAWS.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS IN THE ORDER, GS BANK STIPULATED TO THE ENTRY OF THE ORDER AND AGREED TO PAY A $45
MILLION CIVIL MONEY PENALTY TO THE CFPB, $19.8 MILLION IN REDRESS TO CONSUMERS WITH CREDIT GIVEN FOR RESTITUTION GS BANK ALREADY
PROVIDED TO AFFECTED CONSUMERS, TO REFRAIN FROM VIOLATING RELEVANT STATUES AND REGULATIONS, AND TO TAKE CERTAIN OTHER REMEDIAL
MEASURES, INCLUDING CREATING AND IMPLEMENTING A COMPREHENSIVE COMPLIANCE PLAN DESIGNED TO ENSURE COMPLIANCE WITH APPLICABLE
LAWS.regulatory · block 8PDF pages 1044–1046
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 4,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A $4,000 SUMMARY FINE ON GSCO FOR FAILURE TO COMPLY WITH CME RULE 576. GSCO PAID THE FINE ON NOVEMBER 12, 2024.
Other filed details
Description of allegations — filed text
ON OCTOBER 30, 2024, CME GROUP MARKET REGULATION ("CME") CONCLUDED ITS 2024 ELECTRONIC TRADING RECORDKEEPING EXAMINATION OF GOLDMAN SACHS & CO. LLC ("GSCO") FOR TRADE DATES APRIL 1 THROUGH JUNE 30, 2024. DURING THE REVIEW, CME FOUND ISSUES CONCERNING CERTAIN OPERATOR IDS THAT WERE ACTIVE AND REQUIRED TO BE REGISTERED IN THE EXCHANGE FEE SYSTEM BUT WERE NOT REGISTERED UNTIL AFTER THE REVIEW PERIOD, IN VIOLATION OF CME RULE 576 ("IDENTIFICATION OF GLOBEX TERMINAL OPERATORS"). GSCO REGISTERED THE OPERATOR IDS DURING THE EXAMINATION.
Sanction detail — filed text
CME IMPOSED A $4,000 SUMMARY FINE ON GSCO FOR FAILURE TO COMPLY WITH CME RULE 576. GSCO PAID THE FINE ON NOVEMBER 12, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
10/30/2024
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
DQA-24-1536
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON OCTOBER 30, 2024, CME GROUP MARKET REGULATION ("CME") CONCLUDED ITS 2024 ELECTRONIC TRADING RECORDKEEPING EXAMINATION OF
GOLDMAN SACHS & CO. LLC ("GSCO") FOR TRADE DATES APRIL 1 THROUGH JUNE 30, 2024. DURING THE REVIEW, CME FOUND ISSUES CONCERNING
CERTAIN OPERATOR IDS THAT WERE ACTIVE AND REQUIRED TO BE REGISTERED IN THE EXCHANGE FEE SYSTEM BUT WERE NOT REGISTERED UNTIL
AFTER THE REVIEW PERIOD, IN VIOLATION OF CME RULE 576 ("IDENTIFICATION OF GLOBEX TERMINAL OPERATORS"). GSCO REGISTERED THE
OPERATOR IDS DURING THE EXAMINATION.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
10/30/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A $4,000 SUMMARY FINE ON GSCO FOR FAILURE TO COMPLY WITH CME RULE 576. GSCO PAID THE FINE ON NOVEMBER 12, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A $4,000 SUMMARY FINE ON GSCO FOR FAILURE TO COMPLY WITH CME RULE 576. GSCO PAID THE FINE ON NOVEMBER 12, 2024.regulatory · block 9PDF pages 1046–1048
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
ON AUGUST 7, 2025, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN THE AMOUNT OF $250,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON AUGUST 28, 2025.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO") SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS ACCEPTED BY THE FINANCIAL INDUSTRY REGULATORY AUTHORITY ("FINRA") AND BECAME FINAL ON AUGUST 7, 2025. THE AWC RESOLVED ALLEGED VIOLATIONS OF FINRA RULES 5121 AND 2010 IN JULY 2021, AND ALLEGED VIOLATIONS OF FINRA RULES 1210, 3110 AND 2010 BETWEEN MAY 2021 AND MARCH 2022. THE AWC STATES THAT GSCO PARTICIPATED IN AN INITIAL PUBLIC OFFERING IN WHICH IT HAD A CONFLICT OF INTEREST, BUT A QUALIFIED INDEPENDENT UNDERWRITER DID NOT PARTICIPATE IN THE PREPARATION OF THE REGISTRATION STATEMENT AND PROSPECTUS. ADDITIONALLY, THE AWC STATES THAT GSCO PERMITTED FOUR INDIVIDUALS TO PERFORM INVESTMENT BANKING ACTIVITIES REQUIRING REGISTRATION DURING PERIODS WHEN THEY WERE NOT REGISTERED WITH FINRA IN ANY CAPACITY, AND THAT GSCO'S SUPERVISORY SYSTEM, INCLUDING ITS WRITTEN PROCEDURES, WAS NOT REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA REGISTRATION REQUIREMENTS.
Sanction detail — filed text
ON AUGUST 7, 2025, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN THE AMOUNT OF $250,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON AUGUST 28, 2025.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
CENSURE
3.
Date Initiated (MM/DD/YYYY):
08/07/2025
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022073415001
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO") SUBMITTED A LETTER OF ACCEPTANCE, WAIVER AND CONSENT ("AWC") THAT WAS ACCEPTED BY THE FINANCIAL
INDUSTRY REGULATORY AUTHORITY ("FINRA") AND BECAME FINAL ON AUGUST 7, 2025. THE AWC RESOLVED ALLEGED VIOLATIONS OF FINRA RULES
5121 AND 2010 IN JULY 2021, AND ALLEGED VIOLATIONS OF FINRA RULES 1210, 3110 AND 2010 BETWEEN MAY 2021 AND MARCH 2022. THE AWC
STATES THAT GSCO PARTICIPATED IN AN INITIAL PUBLIC OFFERING IN WHICH IT HAD A CONFLICT OF INTEREST, BUT A QUALIFIED INDEPENDENT
UNDERWRITER DID NOT PARTICIPATE IN THE PREPARATION OF THE REGISTRATION STATEMENT AND PROSPECTUS. ADDITIONALLY, THE AWC STATES
THAT GSCO PERMITTED FOUR INDIVIDUALS TO PERFORM INVESTMENT BANKING ACTIVITIES REQUIRING REGISTRATION DURING PERIODS WHEN THEY
WERE NOT REGISTERED WITH FINRA IN ANY CAPACITY, AND THAT GSCO'S SUPERVISORY SYSTEM, INCLUDING ITS WRITTEN PROCEDURES, WAS NOT
REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH FINRA REGISTRATION REQUIREMENTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
08/07/2025
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 250,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
ON AUGUST 7, 2025, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A
FINE IN THE AMOUNT OF $250,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON AUGUST 28, 2025.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON AUGUST 7, 2025, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OR FINDINGS IN THE AWC, GSCO CONSENTED TO A CENSURE AND A FINE IN
THE AMOUNT OF $250,000. GSCO PAID THE FINE BY WIRE SUBMISSION ON AUGUST 28, 2025.regulatory · block 10PDF pages 1048–1050
- Regulator name — filed text
- CME GROUP INC.
- Monetary/Fine Amount — filed text
- $ 6,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
CME IMPOSED A SUMMARY FINE OF $6,000, WHICH GSCO PAID ON DECEMBER 1, 2025.
Other filed details
Description of allegations — filed text
ON NOVEMBER 12, 2025, CME GROUP MARKET REGULATION ("CME") PROVIDED NOTICE OF THE CONCLUSION OF ITS 2025 ELECTRONIC TRADING RECORDKEEPING EXAM OF GOLDMAN SACHS & CO. LLC ("GSCO") FOR TRADE DATES APRIL 1 THROUGH JUNE 30, 2025. DURING THE REVIEW, CME IDENTIFIED AN ISSUE CONCERNING CERTAIN OPERATOR IDS THAT WERE ACTIVE AND REQUIRED TO BE REGISTERED IN THE EXCHANGE FEE SYSTEM BUT WERE NOT REGISTERED UNTIL AFTER THE REVIEW PERIOD, IN VIOLATION OF CME RULE 576 ("IDENTIFICATION OF GLOBEX TERMINAL OPERATORS"). CME CONFIRMED THE OPERATOR IDS WERE REGISTERED AS OF SEPTEMBER 2, 2025.
Sanction detail — filed text
CME IMPOSED A SUMMARY FINE OF $6,000, WHICH GSCO PAID ON DECEMBER 1, 2025.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CME GROUP INC.
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
11/12/2025
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
25-1813
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON NOVEMBER 12, 2025, CME GROUP MARKET REGULATION ("CME") PROVIDED NOTICE OF THE CONCLUSION OF ITS 2025 ELECTRONIC TRADING
RECORDKEEPING EXAM OF GOLDMAN SACHS & CO. LLC ("GSCO") FOR TRADE DATES APRIL 1 THROUGH JUNE 30, 2025. DURING THE REVIEW, CME
IDENTIFIED AN ISSUE CONCERNING CERTAIN OPERATOR IDS THAT WERE ACTIVE AND REQUIRED TO BE REGISTERED IN THE EXCHANGE FEE SYSTEM
BUT WERE NOT REGISTERED UNTIL AFTER THE REVIEW PERIOD, IN VIOLATION OF CME RULE 576 ("IDENTIFICATION OF GLOBEX TERMINAL
OPERATORS"). CME CONFIRMED THE OPERATOR IDS WERE REGISTERED AS OF SEPTEMBER 2, 2025.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
11/12/2025
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 6,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
CME IMPOSED A SUMMARY FINE OF $6,000, WHICH GSCO PAID ON DECEMBER 1, 2025.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
CME IMPOSED A SUMMARY FINE OF $6,000, WHICH GSCO PAID ON DECEMBER 1, 2025.regulatory · block 11PDF pages 1050–1051
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
- Monetary/Fine Amount — filed text
- $ 1,355,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $1,355,000 IS PAYABLE TO FINRA AND THE REMAINING AMOUNT TO IEX. THE FIRM HAS PROCESSED ITS PAYMENT TO FINRA VIA WIRE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") SETTLED PARALLEL MATTERS WITH THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) AND INVESTORS EXCHANGE LLC (IEX). WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND FINDINGS BY FINRA THAT (1) GSCO FAILED TO ACCURATELY REPORT DATA FOR 36.6 BILLION EQUITY ORDER EVENTS TO THE CONSOLIDATED AUDIT TRAIL (CAT) CENTRAL REPOSITORY BETWEEN JUNE 2020 AND JUNE 2023, AND HAD RELATED SUPERVISORY FAILURES, IN VIOLATION OF FINRA RULES; AND (2) DUE TO A CONFIGURATION ERROR, FROM OCTOBER 22, 2021 TO NOVEMBER 16, 2021, GSCO MADE OVER 90 MILLION INACCURATE ORDER MEMORANDA, INACCURATELY REPORTED OVER 6.8 MILLION TRADES AND OVERREPORTED OVER 98,000 TRADES TO A TRADE REPORTING FACILITY, AND ISSUED OVER 372,000 INACCURATE TRADE CONFIRMATIONS, AND HAD RELATED SUPERVISORY FAILURES, IN VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934 AND FINRA RULES.
Sanction detail — filed text
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $1,355,000 IS PAYABLE TO FINRA AND THE REMAINING AMOUNT TO IEX. THE FIRM HAS PROCESSED ITS PAYMENT TO FINRA VIA WIRE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/13/2025
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022074103601
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") SETTLED PARALLEL MATTERS WITH THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
AND INVESTORS EXCHANGE LLC (IEX). WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND FINDINGS BY
FINRA THAT (1) GSCO FAILED TO ACCURATELY REPORT DATA FOR 36.6 BILLION EQUITY ORDER EVENTS TO THE CONSOLIDATED AUDIT TRAIL (CAT)
CENTRAL REPOSITORY BETWEEN JUNE 2020 AND JUNE 2023, AND HAD RELATED SUPERVISORY FAILURES, IN VIOLATION OF FINRA RULES; AND (2) DUE
TO A CONFIGURATION ERROR, FROM OCTOBER 22, 2021 TO NOVEMBER 16, 2021, GSCO MADE OVER 90 MILLION INACCURATE ORDER MEMORANDA,
INACCURATELY REPORTED OVER 6.8 MILLION TRADES AND OVERREPORTED OVER 98,000 TRADES TO A TRADE REPORTING FACILITY, AND ISSUED OVER
372,000 INACCURATE TRADE CONFIRMATIONS, AND HAD RELATED SUPERVISORY FAILURES, IN VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934
AND FINRA RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/13/2025
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 1,355,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $1,355,000 IS PAYABLE TO FINRA AND THE REMAINING
AMOUNT TO IEX. THE FIRM HAS PROCESSED ITS PAYMENT TO FINRA VIA WIRE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $1,355,000 IS PAYABLE TO FINRA AND THE REMAINING AMOUNT TO
IEX. THE FIRM HAS PROCESSED ITS PAYMENT TO FINRA VIA WIRE.regulatory · block 12PDF pages 1051–1053
- Regulator name — filed text
- INVESTORS EXCHANGE LLC (IEX)
- Monetary/Fine Amount — filed text
- $ 95,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $95,000 IS PAYABLE TO IEX AND THE REMAINING AMOUNT TO FINRA. THE FIRM HAS PROCESSED ITS PAYMENT TO IEX VIA WIRE.
Other filed details
Description of allegations — filed text
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") SETTLED PARALLEL MATTERS WITH THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) AND INVESTORS EXCHANGE LLC (IEX). WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND FINDINGS BY IEX THAT DUE TO A CONFIGURATION ERROR, FROM OCTOBER 22, 2021 TO NOVEMBER 16, 2021, GSCO INPUT OVER 16 MILLION ORDERS INTO IEX'S SYSTEM WITH INACCURATE CAPACITY, MADE AND KEPT ORDER MEMORANDA FOR THOSE ORDERS THAT REFLECTED INACCURATE CAPACITY, AND HAD RELATED SUPERVISORY FAILURES, IN VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934 AND IEX RULES.
Sanction detail — filed text
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $95,000 IS PAYABLE TO IEX AND THE REMAINING AMOUNT TO FINRA. THE FIRM HAS PROCESSED ITS PAYMENT TO IEX VIA WIRE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
INVESTORS EXCHANGE LLC (IEX)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/12/2025
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2022074103602
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
No Product
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO" OR THE "FIRM") SETTLED PARALLEL MATTERS WITH THE FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
AND INVESTORS EXCHANGE LLC (IEX). WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND FINDINGS BY
IEX THAT DUE TO A CONFIGURATION ERROR, FROM OCTOBER 22, 2021 TO NOVEMBER 16, 2021, GSCO INPUT OVER 16 MILLION ORDERS INTO IEX'S
SYSTEM WITH INACCURATE CAPACITY, MADE AND KEPT ORDER MEMORANDA FOR THOSE ORDERS THAT REFLECTED INACCURATE CAPACITY, AND HAD
RELATED SUPERVISORY FAILURES, IN VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934 AND IEX RULES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/12/2025
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 95,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $95,000 IS PAYABLE TO IEX AND THE REMAINING AMOUNT TO
FINRA. THE FIRM HAS PROCESSED ITS PAYMENT TO IEX VIA WIRE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
FOR THESE VIOLATIONS, GSCO WAS CENSURED AND FINED $1,450,000, OF WHICH $95,000 IS PAYABLE TO IEX AND THE REMAINING AMOUNT TO
FINRA. THE FIRM HAS PROCESSED ITS PAYMENT TO IEX VIA WIRE.regulatory · block 13THE GOLDMAN SACHS GROUP, INC.PDF pages 1053–1056
- Advisory affiliate name — filed text
- THE GOLDMAN SACHS GROUP, INC.
- Regulator name — filed text
- SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
- Monetary/Fine Amount — filed text
- $ 162,600.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
A PENALTY OF SEK 1,500,000 (APPROXIMATELY US$162,600) WAS IMPOSED BY SFSA, WHICH WAS PAID BY GS GROUP ON MAY 29, 2026. DRP Pages
Other filed details
Description of allegations — filed text
EFFECTIVE AS OF MAY 4, 2026, SWEDEN'S FINANSINSPEKTIONEN (THE "SFSA") ISSUED A PENALTY, EQUIVALENT TO APPROXIMATELY US$162,600.00, AGAINST THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") BASED ON A FINDING THAT, DURING THE PERIOD BETWEEN MARCH 20, 2024 AND APRIL 9, 2025, GS GROUP FAILED TO TIMELY REPORT CHANGES IN CERTAIN SHAREHOLDINGS HELD IN PROPRIETARY ACCOUNTS OF ONE OR MORE OF ITS SUBSIDIARIES WITHIN THE STATUTORY TIME LIMITS REQUIRED UNDER THE SWEDISH FINANCIAL INSTRUMENTS TRADING ACT.
Sanction detail — filed text
A PENALTY OF SEK 1,500,000 (APPROXIMATELY US$162,600) WAS IMPOSED BY SFSA, WHICH WAS PAID BY GS GROUP ON MAY 29, 2026.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SWEDISH FINANCIAL SUPERVISORY AUTHORITY (FINANSINSPEKTIONEN - SFSA)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
05/09/2025
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
25-14288
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
EFFECTIVE AS OF MAY 4, 2026, SWEDEN'S FINANSINSPEKTIONEN (THE "SFSA") ISSUED A PENALTY, EQUIVALENT TO APPROXIMATELY US$162,600.00,
AGAINST THE GOLDMAN SACHS GROUP, INC. ("GS GROUP") BASED ON A FINDING THAT, DURING THE PERIOD BETWEEN MARCH 20, 2024 AND APRIL 9,
2025, GS GROUP FAILED TO TIMELY REPORT CHANGES IN CERTAIN SHAREHOLDINGS HELD IN PROPRIETARY ACCOUNTS OF ONE OR MORE OF ITS
SUBSIDIARIES WITHIN THE STATUTORY TIME LIMITS REQUIRED UNDER THE SWEDISH FINANCIAL INSTRUMENTS TRADING ACT.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
05/04/2026
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 162,600.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of
penalty was waived:
A PENALTY OF SEK 1,500,000 (APPROXIMATELY US$162,600) WAS IMPOSED BY SFSA, WHICH WAS PAID BY GS GROUP ON MAY 29, 2026.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
A PENALTY OF SEK 1,500,000 (APPROXIMATELY US$162,600) WAS IMPOSED BY SFSA, WHICH WAS PAID BY GS GROUP ON MAY 29, 2026.
DRP Pagescivil judicial · block 1PDF pages 1056–1058
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Civil Penalty(ies)/Fine(s) Other Relief Sought: INJUNCTION 3. Filing Date of Court Action (MM/DD/YYYY): 04/28/2003 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; CIVIL ACTION NO. 03 CV 2944 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): ON APRIL 28, 2003, THE SEC FILED COMPLAINTS AGAINST TEN INVESTMENT BANKING FIRMS AS PART OF A GLOBAL SETTLEMENT RELATING TO EQUITY RESEARCH ANALYST CONFLICTS OF INTERESTS. THE COMPLAINT AGAINST GOLDMAN SACHS ALLEGES THAT THE FIRM VIOLATED (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY ENGAGING IN ACTS AND PRACTICES DURING THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 THAT CREATED AND/OR MAINTAINED INAPPROPRIATE INFLUENCE BY INVESTMENT BANKING OVER RESEARCH ANALYSTS AND THEREFORE IMPOSED CONFLICTS OF INTEREST ON ITS RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY ISSUING IN CERTAIN INSTANCES RESEARCH REPORTS FOR COMPANIES THAT WERE NOT BASED ON PRINCIPLES OF FAIR DEALING AND GOOD FAITH AND DID NOT PROVIDE A SOUND BASIS FOR EVALUATING FACTS, CONTAINED EXAGGERATED OR UNWARRANTED CLAIMS ABOUT THESE COMPANIES, AND/OR CONTAINED OPINIONS FOR WHICH THERE WAS NO REASONABLE BASIS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO ESTABLISH AND MAINTAIN ADEQUATE SUPERVISORY PROCEDURES OVER RESEARCH ANALYSTS TO PREVENT OR MANAGE CONFLICTS OF INTEREST. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Other 12. Resolution Date (MM/DD/YYYY): 10/31/2003 Exact Explanation If not exact, provide explanation: FINAL JUDGMENT WAS ENTERED BY COURT 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: $10,000,000 FOR INVESTOR EDUCATION $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS DISGORGEMENT $25,000,000 AS A PENALTY $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH $10,000,000 FOR INVESTOR EDUCATION 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT ENTERED THE FINAL JUDGMENT ON OCTOBER 31, 2003, WHICH PERMANENTLY ENJOINS GOLDMAN SACHS, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM FROM VIOLATING THE NYSE AND NASD RULES IN THE MANNER DESCRIBED IN THE COMPLAINT (SEE RESPONSE 7 ABOVE). THE FINAL JUDGMENT ALSO ORDERS GOLDMAN SACHS TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 13.C. GOLDMAN SACHS NEITHER ADMITTED NOR DENIED LIABILITY AS PART OF THE FINAL JUDGMENT. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
civil judicial · block 2PDF pages 1058–1059
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Civil Penalty(ies)/Fine(s) Other Relief Sought: INJUNCTION 3. Filing Date of Court Action (MM/DD/YYYY): 04/28/2003 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; CIVIL ACTION NO. 03 CV 2944 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): ON APRIL 28, 2003, AS PART OF A GLOBAL SETTLEMENT, THE SEC FILED A COMPLAINT AGAINST TEN INVESTMENT BANKING FIRMS, INCLUDING GS ALLEGING THAT THEY VIOLATED (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY PERMITTING INVESTMENT BANKING TO EXERCISE INAPPROPRIATE INFLUENCE OVER RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY ISSUING RESEARCH REPORTS THAT CONTAINED EXAGGERATED OR UNWARRANTED CLAIMS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO PREVENT OR MANAGE CONFLICTS OF INTEREST ADEQUATELY. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Other 12. Resolution Date (MM/DD/YYYY): 10/31/2003 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: $10,000,000 FOR INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS A PENALTY; $25,000,000 AS DISGORGEMENT; $10,000,000 AS INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT ENTERED THE FINAL JUDGMENT ON OCTOBER 31, 2003, WHICH PERMANENTLY ENJOINS GOLDMAN SACHS, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM FROM VIOLATING THE NYSE AND NASD RULES IN THE MANNER DESCRIBED IN THE COMPLAINT (SEE RESPONSE 7 ABOVE). THE FINAL JUDGMENT ALSO ORDERS GOLDMAN SACHS TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 13.C. GOLDMAN SACHS NEITHER ADMITTED NOR DENIED LIABILITY AS PART OF THE FINAL JUDGMENT. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
civil judicial · block 3PDF pages 1059–1061
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Civil Penalty(ies)/Fine(s) Other Relief Sought: INJUNCTION 3. Filing Date of Court Action (MM/DD/YYYY): 04/28/2003 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; CIVIL ACTION NO. 03 CV 2944 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): ON APRIL 28, 2003, AS PART OF A GLOBAL SETTLEMENT, THE SEC FILED A COMPLAINT AGAINST TEN INVESTMENT BANKING FIRMS, INCLUDING GS ALLEGING THAT THEY VIOLATED (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY PERMITTING INVESTMENT BANKING TO EXERCISE INAPPROPRIATE INFLUENCE OVER RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY ISSUING RESEARCH REPORTS THAT CONTAINED EXAGGERATED OR UNWARRANTED CLAIMS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO PREVENT OR MANAGE CONFLICTS OF INTEREST ADEQUATELY. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Other 12. Resolution Date (MM/DD/YYYY): 10/31/2003 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: $10,000,000 FOR INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS A PENALTY; $25,000,000 AS DISGORGEMENT; $10,000,000 AS INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT ENTERED THE FINAL JUDGMENT ON OCTOBER 31, 2003, WHICH PERMANENTLY ENJOINS GOLDMAN SACHS, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM FROM VIOLATING THE NYSE AND NASD RULES IN THE MANNER DESCRIBED IN THE COMPLAINT (SEE RESPONSE 7 ABOVE). THE FINAL JUDGMENT ALSO ORDERS GOLDMAN SACHS TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 13.C. GOLDMAN SACHS NEITHER ADMITTED NOR DENIED LIABILITY AS PART OF THE FINAL JUDGMENT. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF “HOT” IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
civil judicial · block 4PDF pages 1061–1063
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Civil Penalty(ies)/Fine(s) Other Relief Sought: INJUNCTION 3. Filing Date of Court Action (MM/DD/YYYY): 04/28/2003 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; CIVIL ACTION NO. 03 CV 2944 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): ON APRIL 28, 2003, AS PART OF A GLOBAL SETTLEMENT, THE SEC FILED A COMPLAINT AGAINST TEN INVESTMENT BANKING FIRMS, INCLUDING GS ALLEGING THAT THEY VIOLATED (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY PERMITTING INVESTMENT BANKING TO EXERCISE INAPPROPRIATE INFLUENCE OVER RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY ISSUING RESEARCH REPORTS THAT CONTAINED EXAGGERATED OR UNWARRANTED CLAIMS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO PREVENT OR MANAGE CONFLICTS OF INTEREST ADEQUATELY. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Other 12. Resolution Date (MM/DD/YYYY): 10/31/2003 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: $10,000,000 FOR INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS A PENALTY; $25,000,000 AS DISGORGEMENT; $10,000,000 AS INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT ENTERED THE FINAL JUDGMENT ON OCTOBER 31, 2003, WHICH PERMANENTLY ENJOINS GOLDMAN SACHS, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM FROM VIOLATING THE NYSE AND NASD RULES IN THE MANNER DESCRIBED IN THE COMPLAINT (SEE RESPONSE 7 ABOVE). THE FINAL JUDGMENT ALSO ORDERS GOLDMAN SACHS TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 13.C. GOLDMAN SACHS NEITHER ADMITTED NOR DENIED LIABILITY AS PART OF THE FINAL JUDGMENT. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
civil judicial · block 5PDF pages 1063–1065
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 2928184 This advisory affiliate is a Firm an Individual Registered: Yes No Name: LEBOVITZ, SCOTT, LOUIS (For individuals, Last, First, Middle) CRD Number: 2931424 This advisory affiliate is a Firm an Individual Registered: Yes No Name: PONTARELLI, KENNETH, ARTHUR (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) 2. Principal Relief Sought: Other Relief Sought: 3. Filing Date of Court Action (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Product Types: 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided).
civil judicial · block 6PDF pages 1065–1067
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: 2931424 This advisory affiliate is a Firm an Individual Registered: Yes No Name: PONTARELLI, KENNETH, ARTHUR (For individuals, Last, First, Middle) CRD Number: 2928184 This advisory affiliate is a Firm an Individual Registered: Yes No Name: LEBOVITZ, SCOTT, LOUIS (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) 2. Principal Relief Sought: Other Relief Sought: 3. Filing Date of Court Action (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Product Types: 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: 12. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided).
civil judicial · block 7PDF pages 1067–1069
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Item 11.H. of Part
1A or Item 2.F. of Part 1B of Form ADV.
Civil Judicial
Check Part 1A item(s) being responded to:
11.H(1)(a)
11.H(1)(b)
11.H(1)(c)
11.H(2)
Check Part 1B item(s) being responded to:
2.F(1)
2.F(2)
2.F(3)
2.F(4)
2.F(5)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the
same event. Unrelated civil judicial actions must be reported on separate DRPs.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H.
(1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.)
U. S. SECURITIES AND EXCHANGE COMMISSION ("SEC")
2.
Principal Relief Sought:
Civil Penalty(ies)/Fine(s)
Other Relief Sought:
3.
Filing Date of Court Action (MM/DD/YYYY):
01/24/2005
Exact
Explanation
If not exact, provide explanation:
4.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
5.
Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case
Number):
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK/05 CV853
6.
Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable):
7.
Describe the allegations related to this civil action (your response must fit within the space provided):
THE SEC ALLEGED THAT GOLDMAN, SACHS & CO. ("GS") VIOLATED RULE 101 OF REGULATION M UNDER THE SECURITIES ACT OF 1934 BY ATTEMPTING
TO INDUCE, OR INDUCING CERTAIN INVESTORS TO MAKE AFTERMARKET PURCHASES OF CERTAIN INITIAL PUBLIC OFFERINGS ("IPOS") UNDERWRITTEN
BY GS, DURING 2000.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY):
10. If pending, date notice/process was served (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only.
11. How was matter resolved:
Other
12. Resolution Date (MM/DD/YYYY):
02/04/2005
Exact
Explanation
If not exact, provide explanation:
13. Resolution Detail:
A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)?
Monetary/Fine Amount: $ 40,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions:
C.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
GS PAID A TOTAL FINE OF $40 MILLION ON MARCH 31, 2005 AND WAS PERMANENTLY RESTRAINED AND ENJOINED FROM VIOLATING RULE 101 OF
REGULATION M UNDER THE SECURITIES ACT OF 1934.
14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must
fit within the space provided).
ON SEPTEMBER 23, 2004, WITHOUT ADMITTING OR DENYING THE ALLEGATIONS OF THE COMPLAINT, GS CONSENTED TO THE ENTRY OF THE FINAL
JUDGMENT. THE FINAL JUDGMENT WAS ENTERED FEBRUARY 4, 2005. GS WAS PERMANENTLY RESTRAINED AND ENJOINED FROM VIOLATING RULE 101 OF
REGULATION M AND REQUIRED TO PAY A $40 MILLION CIVIL PENALTY.civil judicial · block 8PDF pages 1069–1071
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) UNITED STATES SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Injunction Other Relief Sought: DISGORGEMENT; CIVIL PENALTIES 3. Filing Date of Court Action (MM/DD/YYYY): 04/16/2010 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: SYNTHETIC COLLATERALIZED DEBT OBLIGATIONS, WHICH REFERENCED A PORTFOLIO OF SYNTHETIC RESIDENTIAL MORTGAGE-BACKED SECURITIES 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, CIVIL ACTION NO. 10 CIV. 3229 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): THE CONDUCT OF THE APPLICANT ALLEGED IN THE SEC COMPLAINT INVOLVED AN OFFERING OF A SYNTHETIC COLLATERALIZED DEBT OBLIGATION, WHICH REFERENCED A PORTFOLIO OF SYNTHETIC RESIDENTIAL MORTGAGE-BACKED SECURITIES, TO QUALIFIED INSTITUTIONAL BUYERS IN RELIANCE ON THE EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933 PROVIDED BY RULE 144A THEREUNDER AND TO NON-U.S. PERSONS IN RELIANCE ON THE SAFE HARBOR FROM REGISTRATION PROVIDED BY REGULATION S THEREUNDER. SPECIFICALLY, THE COMPLAINT ALLEGED THAT THE OFFERING MATERIALS, IN DESCRIBING THE PORTFOLIO SELECTION AGENT FOR THE PORTFOLIO OF SYNTHETIC RESIDENTIAL MORTGAGE-BACKED SECURITIES, SHOULD HAVE DISCLOSED THAT THE HEDGE FUND ASSUMING THE SHORT SIDE OF THE TRANSACTION HAD PLAYED A ROLE IN THE SELECTION PROCESS. IN ITS CONSENT TO THE COURT JUDGMENT, THE APPLICANT ACKNOWLEDGED THAT IT WAS A MISTAKE NOT TO DISCLOSE THE ROLE OF THE HEDGE FUND. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Judgment Rendered 12. Resolution Date (MM/DD/YYYY): 07/20/2010 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 535,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: THE COURT JUDGMENT REQUIRES THE APPLICANT TO COMPLY WITH CERTAIN UNDERTAKINGS RELATING TO (I) THE VETTING AND APPROVAL PROCESS FOR OFFERINGS OF RESIDENTIAL MORTGAGE-RELATED SECURITIES, (II) REVIEW OF MARKETING MATERIALS USED IN CONNECTION WITH RESIDENTIAL MORTGAGE-RELATED SECURITIES OFFERINGS BY THE APPLICANT'S LEGAL DEPARTMENT AND COMPLIANCE DEPARTMENT, (III) ANNUAL INTERNAL AUDITS OF THE REVIEW OF SUCH MARKETING MATERIALS, (IV) WHERE THE FIRM IS THE LEAD UNDERWRITER OF AN OFFERING OF RESIDENTIAL MORTGAGE-RELATED SECURITIES AND RETAINS OUTSIDE COUNSEL TO ADVISE ON THE OFFERING, REVIEW OF THE RELATED OFFERING MATERIALS BY OUTSIDE COUNSEL AND (V) EDUCATION AND TRAINING OF PERSONS INVOLVED IN THE STRUCTURING OR MARKETING OF RESIDENTIAL MORTGAGE-RELATED SECURITIES OFFERINGS. THE JUDGMENT FURTHER REQUIRES RECORD-KEEPING TO TRACK COMPLIANCE AND CERTIFICATION OF COMPLIANCE WITH THESE REQUIREMENTS BY THE APPLICANT'S GENERAL COUNSEL OR GLOBAL HEAD OF COMPLIANCE ONE, TWO AND THREE YEARS AFTER THE DATE OF ENTRY OF THE JUDGMENT. C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: PERMANENT INJUNCTION FROM VIOLATION OF SECTION 17(A) OF THE SECURITIES ACT OF 1933, CIVIL PENALTIES OF $535,000,000 TO BE PAID WITHIN 30 DAYS OF ENTRY OF JUDGMENT AND DISGORGEMENT OF $15,000,000 TO BE PAID WITHIN 30 DAYS OF ENTRY OF JUDGMENT. THE CIVIL PENALTIES AND DISGORGEMENT WERE PAID ON AUGUST 18, 2010. THE COURT JUDGMENT ALSO REQUIRES THE APPLICANT TO COMPLY WITH CERTAIN UNDERTAKINGS RELATING TO (I) THE VETTING AND APPROVAL PROCESS FOR OFFERINGS OF RESIDENTIAL MORTGAGE-RELATED SECURITIES, (II) REVIEW OF MARKETING MATERIALS USED IN CONNECTION WITH RESIDENTIAL MORTGAGE-RELATED SECURITIES OFFERINGS BY THE APPLICANT'S LEGAL DEPARTMENT AND COMPLIANCE DEPARTMENT, (III) ANNUAL INTERNAL AUDITS OF THE REVIEW OF SUCH MARKETING MATERIALS, (IV) WHERE THE FIRM IS THE LEAD UNDERWRITER OF AN OFFERING OF RESIDENTIAL MORTGAGE-RELATED SECURITIES AND RETAINS OUTSIDE COUNSEL TO ADVISE ON THE OFFERING, REVIEW OF THE RELATED OFFERING MATERIALS BY OUTSIDE COUNSEL AND (V) EDUCATION AND TRAINING OF PERSONS INVOLVED IN THE STRUCTURING OR MARKETING OF RESIDENTIAL MORTGAGE-RELATED SECURITIES OFFERINGS. THE JUDGMENT FURTHER REQUIRES RECORD-KEEPING TO TRACK COMPLIANCE AND CERTIFICATION OF COMPLIANCE WITH THESE REQUIREMENTS BY THE APPLICANT'S GENERAL COUNSEL OR GLOBAL HEAD OF COMPLIANCE ONE, TWO AND THREE YEARS AFTER THE DATE OF ENTRY OF THE JUDGMENT. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT'S JUDGMENT WAS ENTERED AS A RESULT OF A SETTLEMENT BETWEEN THE APPLICANT AND THE SEC IN CONNECTION WITH AN ACTION BROUGHT AGAINST THE APPLICANT AND AN INDIVIDUAL DEFENDANT. THE ALLEGED CONDUCT OF THE APPLICANT IS DESCRIBED IN THE RESPONSE TO ITEM 7.
civil judicial · block 9PDF pages 1071–1073
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Item 11.H. of Part
1A or Item 2.F. of Part 1B of Form ADV.
Civil Judicial
Check Part 1A item(s) being responded to:
11.H(1)(a)
11.H(1)(b)
11.H(1)(c)
11.H(2)
Check Part 1B item(s) being responded to:
2.F(1)
2.F(2)
2.F(3)
2.F(4)
2.F(5)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the
same event. Unrelated civil judicial actions must be reported on separate DRPs.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE GOLDMAN SACHS GROUP,
INC.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H.
(1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.)
OFFICE OF THE LOS ANGELES CITY ATTORNEY IN THE NAME OF "THE PEOPLE OF THE STATE OF CALIFORNIA"
2.
Principal Relief Sought:
Civil Penalty(ies)/Fine(s)
Other Relief Sought:
DISGORGEMENT, INJUNCTION, RESTITUTION, EQUITABLE RELIEF
3.
Filing Date of Court Action (MM/DD/YYYY):
10/20/2010
Exact
Explanation
If not exact, provide explanation:
4.
Principal Product Type:
Insurance
Other Product Types:
5.
Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case
Number):
SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT, CALIFORNIA - CA CASE NO. BC447836
6.
Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable):
7.
Describe the allegations related to this civil action (your response must fit within the space provided):
ON OCTOBER 20, 2010, THE LOS ANGELES CITY ATTORNEY'S OFFICE FILED A CIVIL ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, CENTRAL DISTRICT, AGAINST THE GOLDMAN SACHS GROUP, INC. ("GS GROUP"), A CONTROL AFFILIATE OF THE APPLICANT,
AND HEALTHMARKETS, INC. ("HEALTHMARKETS"), AMONG OTHERS. THE COMPLAINT IS GENERALLY DIRECTED AT ALLEGED PRACTICES BY
HEALTHMARKETS AND VARIOUS OF ITS AFFILIATES IN CONNECTION WITH STRUCTURING AND MARKETING INSURANCE PRODUCTS, BUT ALSO NAMES GS
GROUP AND BLACKSTONE GROUP L.P. AS THE ALLEGED OWNERS AND "ALTER EGOS" OF HEALTHMARKETS. CERTAIN AFFILIATES OF GS GROUP OWN A
MINORITY INTEREST IN HEALTHMARKETS. THE COMPLAINT ALLEGES VIOLATIONS OF CALIFORNIA'S UNFAIR COMPETITION LAW AND FALSE ADVERTISING
LAW, AND SEEKS EQUITABLE RELIEF AND CIVIL PENALTIES. PEOPLE OF THE STATE OF CALIFORNIA V. HEALTHMARKETS, INC, ET. AL., BC447836
(SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT, FILED OCT. 20, 2010).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY):
10. If pending, date notice/process was served (MM/DD/YYYY):
10/21/2010
Exact
Explanation
If not exact, provide explanation:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only.
11. How was matter resolved:
12. Resolution Date (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
13. Resolution Detail:
A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions:
C.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must
fit within the space provided).
GS GROUP FILED A DEMURRER TO THE COMPLAINT ON JUNE 27, 2011. ON AUGUST 19, 2011, ALTHOUGH THE COURT SUSTAINED GS GROUP'S
DEMURRER, IT GRANTED LEAVE TO AMEND AND PERMITTED THE PLAINTIFFS TO PROPOUND LIMITED DISCOVERY OF HEALTHMARKETS RELATING TO GS
GROUP'S INVESTMENT IN HEALTHMARKETS. ON FEBRUARY 29, 2012, AFTER THE CONCLUSION OF SUCH DISCOVERY, PLAINTIFF FILED AN AMENDED
COMPLAINT THAT DID NOT ASSERT ANY CLAIMS AGAINST GS GROUP. PLEASE REMOVE THIS DRP.civil judicial · block 10PDF pages 1073–1075
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Item 11.H. of Part 1A or Item 2.F. of Part 1B of Form ADV. Civil Judicial Check Part 1A item(s) being responded to: 11.H(1)(a) 11.H(1)(b) 11.H(1)(c) 11.H(2) Check Part 1B item(s) being responded to: 2.F(1) 2.F(2) 2.F(3) 2.F(4) 2.F(5) Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the same event. Unrelated civil judicial actions must be reported on separate DRPs. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H. (1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.) SECURITIES AND EXCHANGE COMMISSION 2. Principal Relief Sought: Civil Penalty(ies)/Fine(s) Other Relief Sought: INJUNCTION 3. Filing Date of Court Action (MM/DD/YYYY): 04/28/2003 Exact Explanation If not exact, provide explanation: 4. Principal Product Type: Other Other Product Types: EQUITY RESEARCH 5. Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case Number): UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; CIVIL ACTION NO. 03 CV 2944 6. Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable): 7. Describe the allegations related to this civil action (your response must fit within the space provided): ON APRIL 28, 2003, AS PART OF A GLOBAL SETTLEMENT, THE SEC FILED A COMPLAINT AGAINST TEN INVESTMENT BANKING FIRMS, INCLUDING GS ALLEGING THAT THEY VIOLATED (I) NYSE RULES 401 AND 476 AND NASD CONDUCT RULE 2110 BY PERMITTING INVESTMENT BANKING TO EXERCISE INAPPROPRIATE INFLUENCE OVER RESEARCH ANALYSTS; (II) NYSE RULE 472 AND NASD CONDUCT RULE 2210 BY ISSUING RESEARCH REPORTS THAT CONTAINED EXAGGERATED OR UNWARRANTED CLAIMS; AND (III) NYSE RULE 342 AND NASD CONDUCT RULE 3010 BY FAILING TO PREVENT OR MANAGE CONFLICTS OF INTEREST ADEQUATELY. 8. Current Status? Pending On Appeal Final 9. If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY): 10. If pending, date notice/process was served (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. How was matter resolved: Other 12. Resolution Date (MM/DD/YYYY): 10/31/2003 Exact Explanation If not exact, provide explanation: 13. Resolution Detail: A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)? Monetary/Fine Amount: $ 50,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions: $10,000,000 FOR INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. C. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, q y yp q p p y disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: $25,000,000 AS A PENALTY; $25,000,000 AS DISGORGEMENT; $10,000,000 AS INVESTOR EDUCATION; $50,000,000 TO FUND INDEPENDENT, THIRD-PARTY RESEARCH. 14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must fit within the space provided). THE COURT ENTERED THE FINAL JUDGMENT ON OCTOBER 31, 2003, WHICH PERMANENTLY ENJOINS GOLDMAN SACHS, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH THEM FROM VIOLATING THE NYSE AND NASD RULES IN THE MANNER DESCRIBED IN THE COMPLAINT (SEE RESPONSE 7 ABOVE). THE FINAL JUDGMENT ALSO ORDERS GOLDMAN SACHS TO PAY A TOTAL OF $110,000,000 AS OUTLINED IN RESPONSE 13.C. GOLDMAN SACHS NEITHER ADMITTED NOR DENIED LIABILITY AS PART OF THE FINAL JUDGMENT. GOLDMAN SACHS ALSO AGREED TO ADOPT A SET OF INDUSTRY-WIDE REFORMS OF ITS RESEARCH AND INVESTMENT BANKING BUSINESSES DESIGNED TO ELIMINATE THE CONFLICTS OF INTEREST THAT WERE FOUND TO HAVE EXISTED AND TO ADOPT CERTAIN RESTRICTIONS ON THE ALLOCATIONS OF "HOT" IPO SHARES TO EXECUTIVES AND DIRECTORS OF PUBLIC COMPANIES.
civil judicial · block 11PDF pages 1075–1077
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Item 11.H. of Part
1A or Item 2.F. of Part 1B of Form ADV.
Civil Judicial
Check Part 1A item(s) being responded to:
11.H(1)(a)
11.H(1)(b)
11.H(1)(c)
11.H(2)
Check Part 1B item(s) being responded to:
2.F(1)
2.F(2)
2.F(3)
2.F(4)
2.F(5)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the
same event. Unrelated civil judicial actions must be reported on separate DRPs.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H.
(1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.)
THE STATE OF NEW MEXICO
2.
Principal Relief Sought:
Money Damages (Private/Civil Complaint)
Other Relief Sought:
CIVIL PENALTY OF NOT LESS THAN $5,000 AND NOT MORE THAN $10,000 PER VIOLATION
3.
Filing Date of Court Action (MM/DD/YYYY):
08/31/2020
Exact
Explanation
If not exact, provide explanation:
4.
Principal Product Type:
Other
Other Product Types:
RESIDENTIAL MORTGAGE-BACKED SECURITIES
5.
Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case
Number):
THE STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT; CASE NO. D-101-CV-2014-00256
6.
Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable):
7.
Describe the allegations related to this civil action (your response must fit within the space provided):
GOLDMAN SACHS & CO. LLC ("GSCO") AND OTHER UNDERWRITERS OF RESIDENTIAL MORTGAGE-BACKED SECURITIES ("RMBS") WERE NAMED IN A
COMPLAINT IN INTERVENTION FILED BY THE STATE OF NEW MEXICO ON AUGUST 31, 2020 AND MOVED TO UNSEAL A QUI TAM ACTION INITIALLY FILED
BY INTEGRA REC, LLC. THE COMPLAINT IN INTERVENTION ASSERTED VIOLATIONS OF THE NEW MEXICO FRAUD AGAINST TAXPAYERS ACT, THE NEW
MEXICO SECURITIES ACT, AND THE COMMON LAW OF NEW MEXICO BASED ON ALLEGATIONS THE DEFENDANTS MISREPRESENTED THE NATURE,
QUALITY, CHARACTERISTICS, AND RISK PROFILE OF RESIDENTIAL MORTGAGE POOLS BACKING RMBS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY):
10. If pending, date notice/process was served (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only.
11. How was matter resolved:
Settled
12. Resolution Date (MM/DD/YYYY):
11/30/2021
Exact
Explanation
If not exact, provide explanation:
13. Resolution Detail:
A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)?
Monetary/Fine Amount: $ 32,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions:
C.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
THE STATE OF NEW MEXICO AND THE DEFENDANTS, INCLUDING GSCO, ENTERED INTO A SETTLEMENT AGREEMENT FOR THE TOTAL AMOUNT OF
$32,500,000 ON NOVEMBER 19, 2021, IN WHICH THE DEFENDANTS SETTLED ALL CLAIMS WITHOUT ANY ADMISSION OF LIABILITY OR
WRONGDOING.
14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must
fit within the space provided).
THE STATE OF NEW MEXICO AND THE DEFENDANTS, INCLUDING GSCO, ENTERED INTO A SETTLEMENT AGREEMENT FOR THE TOTAL AMOUNT OF
$32,500,000 ON NOVEMBER 19, 2021, IN WHICH THE DEFENDANTS SETTLED ALL CLAIMS WITHOUT ANY ADMISSION OF LIABILITY OR WRONGDOING.
THE COURT ENTERED A STIPULATION OF DISMISSAL ON NOVEMBER 30, 2021, PURSUANT TO WHICH, GSCO WAS DISMISSED WITH PREJUDICE.* Metrics are based on the latest available data, including Form ADV filings, brochures, and relationship summaries pulled from the SEC IAPD, and may be subject to change. Learn what is included in the Rialytix data. Please refer to the firm's official disclosures for the most accurate information using their CRD number. This is not investment advice.