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 Moors & Cabot, Inc.
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.
Current profile metrics reflect a newer SEC ADV filing than the latest point shown in the historical chart. The chart will update once that filing is added to the ADV history dataset.
Ownership
Ownership information is not yet available for this profile.
Compliance & Disclosures
Filing dated 10/4/2026 12:41:17 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.
AFelonies2 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?No
BMisdemeanors2 No
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?No
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions3 Yes2 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?No
- 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 actions2 Yes3 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?No
- 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?No
ESelf-regulatory organization actions1 Yes3 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- 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 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 No
- 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?No
HCivil judicial actions and proceedings4 No
(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?No
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?No
- 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?No
(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)?No
Additional DRP filings 16 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.
regulatory · block 1PDF pages 38–39
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
THE FIRM FAILED, WITHIN 90 SECONDS AFTER EXECUTION, TO TRANSMIT THROUGH ACT, 301 LAST SALE REPORTS OF TRANSACTIONS IN NMM SECURITIES.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED $7,500.00.
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 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 10/28/2002 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CMS020197 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): THE FIRM FAILED, WITHIN 90 SECONDS AFTER EXECUTION, TO TRANSMIT THROUGH ACT, 301 LAST SALE REPORTS OF TRANSACTIONS IN NMM 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): 10/28/2002 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: $ 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: THE FIRM WAS CENSURED AND FINED $7,500.00. 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 2PDF pages 39–41
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 17,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
VIOLATION OF NASD MARKETPLACE RULE 6230(A) AND NASD CONDUCT RULE 2110 AND 3010. THE FIRM FAILED TO REPORT TO TRACE TRANSACTIONS IN TRACE ELIGIBLE SECURITIES WITH 45 MINUTES AFTER EXECUTION. THESE LATE TRANSACTIONS CONSTITUTED 68 PERCENT OF ALL TRANSACTIONS IN TRACE SECS THAT MCBT WAS REQUIRED TO REPORT TO TRACE DURING THE REVIEW PERIOD. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLE DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO THE TRACE REPORTING.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, FIRM WAS CENSURED AND FINED $17,000.
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): 12/13/2004 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: CMS040200 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): VIOLATION OF NASD MARKETPLACE RULE 6230(A) AND NASD CONDUCT RULE 2110 AND 3010. THE FIRM FAILED TO REPORT TO TRACE TRANSACTIONS IN TRACE ELIGIBLE SECURITIES WITH 45 MINUTES AFTER EXECUTION. THESE LATE TRANSACTIONS CONSTITUTED 68 PERCENT OF ALL TRANSACTIONS IN TRACE SECS THAT MCBT WAS REQUIRED TO REPORT TO TRACE DURING THE REVIEW PERIOD. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLE DESIGNED TO ACHIEVE COMPLIANCE WITH RESPECT TO THE TRACE REPORTING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 12/13/2004 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: $ 17,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: AND REQUIRED TO UNDERTAKE TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES WITH RESPECT TO APPLICABLE SECURITIES LAWS AND REGULATIONS CONCERNING TRACE REPORTING WITHIN 30 BUSINESS DAYS. Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement 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 DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, FIRM WAS CENSURED AND FINED $17,000. 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 3PDF pages 41–43
- Regulator name — filed text
- NASD
- Monetary/Fine Amount — filed text
- $ 11,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
RESPONDENT MEMBER SUBMITTED TO OATS REPORTS WITH EQUITY SECURITIES TRADED ON THE NASDAQ STOCK MARKET THAT WERE NOT IN THE ELECTRONIC FORM PRESCRIBED BY NASD. THE FINDINGS ALSO STATED THAT THE REPORTS WERE REJECTED BY OATS AND NOTICE OF SUCH REJECTION WAS MADE AVAILABLE TO THE FIRM ON THE OATS WEBSITE, BUT THE FIRM FAILED TO CORRECT OR REPLACE 100 PERCENT OF THE REPORTS. NASD FOUND THAT THE FIRM FAILED TO ENFORCE ITS WRITTEN SUPERVISORY PROCEDURES WHICH SPECIFIED THAT REJECTED REPORTABLE ORDER EVENTS NOT "ASSOCIATED WITH A NEW ORDER OR CANCEL/REPLACE REPORT MUST BE REPAIRED WITHIN FIVE BUSINESS DAYS
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, MOORS & CABOT, INC. CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED $11,000.
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): 08/02/2005 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2005000005601 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): RESPONDENT MEMBER SUBMITTED TO OATS REPORTS WITH EQUITY SECURITIES TRADED ON THE NASDAQ STOCK MARKET THAT WERE NOT IN THE ELECTRONIC FORM PRESCRIBED BY NASD. THE FINDINGS ALSO STATED THAT THE REPORTS WERE REJECTED BY OATS AND NOTICE OF SUCH REJECTION WAS MADE AVAILABLE TO THE FIRM ON THE OATS WEBSITE, BUT THE FIRM FAILED TO CORRECT OR REPLACE 100 PERCENT OF THE REPORTS. NASD FOUND THAT THE FIRM FAILED TO ENFORCE ITS WRITTEN SUPERVISORY PROCEDURES WHICH SPECIFIED THAT REJECTED REPORTABLE ORDER EVENTS NOT "ASSOCIATED WITH A NEW ORDER OR CANCEL/REPLACE REPORT MUST BE REPAIRED WITHIN FIVE BUSINESS DAYS 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 08/02/2005 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: $ 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: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, MOORS & CABOT, INC. CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED $11,000. 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 4PDF pages 43–45
- Regulator name — filed text
- NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT
- Monetary/Fine Amount — filed text
- $ 250,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
1.VIOLATED EXCHANGE RULE 342(A) AND (B), IN THAT IT:(A)FAILED TO ADEQUATELY ENSURE REASONABLE SYSTEMS FOR SUPERVISION, REVIEW, AND FOLLOW-UP OF ERROR ACCOUNT TRANSACTIONS BY ONE OF THE FIRM'S EMPLOYEES WHO WAS THE FIRM'S DESIGNATED SENIOR SUPERVISING FLOOR BROKER; AND (B)FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY CONTROL OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC AND COMPLIANCE WITH EXCHANGE REQUIREMENTS FOR INDEPENDENT CONTRACTORS. 2.ENGAGED IN CONDUCT INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE IN THAT IT FAILED TO COMPLY WITH AN EXCHANGE SANCTION INVOLVING AN UNDERTAKING.3.VIOLATED EXCHANGE RULE 345(A)/02 ON ONE OR MORE OCCASIONS IN THAT IT: (A)PERMITTED APPROXIMATELY 41 PERSONS WHO HAD NOT BEEN APPROVED BY THE EXCHANGE TO PERFORM SERVICES FOR THE FIRM AS INDEPENDENT CONTRACTORS; AND (B)FAILED TO GIVE THE EXCHANGE PROPER NOTICE THAT APPROXIMATELY 41 INDIVIDUALS NO LONGER MAINTAINED AN INDEPENDENT CONTRACTOR RELATIONSHIP WITH THE FIRM.4.VIOLATED EXCHANGE RULE 440 AND SEA RULE 17A-4 IN THAT IT FAILED TO PRESERVE:(A)ELECTRONIC OMMUNICATIONS IN A NON-REWRITEABLE, NON-ERASEABLE FORMAT (SEA RULE 17A-4(F)(2)(II)(A)); AND (B) COPIES OF OUTGOING ELECTRONIC COMMUNICATIONS IN A READILY RETRIEVABLE MANNER (SEA RULE 17A- 4(B)(4)).5.VIOLATED EXCHANGE RULE 342.17 IN THAT IT FAILED TO ESTABLISH ADEQUATE PROCEDURES FOR ITS REVIEW OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC.6.VIOLATED EXCHANGE RULE 351(D) IN THAT DURING THE PERIOD JULY 2001 TO JUNE 2002 IT MISREPORTED SEVEN CUSTOMER COMPLAINTS. 7.VIOLATED EXCHANGE RULE 304(H) IN THAT IT FAILED TO REGISTER TWO AFFILIATED ENTITIES AS APPROVED PERSONS.
Sanction detail — filed text
**8/5/05**HPD 05-83 - ISSUED BY THE NYSE HEARING PANEL ALLEGATIONS:1.VIOLATED EXCHANGE RULE 342(A) AND (B), IN THAT IT;(A)FAILED TO ADEQUATELY ENSURE REASONABLE SYSTEMS FOR SUPERVISION, REVIEW, AND FOLLOW-UP OF ERROR ACCOUNT TRANSACTIONS BY ONE OF THE FIRM'S EMPLOYEES WHO WAS THE FIRM'S DESIGNATED SENIOR SUPERVISING FLOOR BROKER; AND (B)FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY CONTROL OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC AND COMPLIANCE WITH EXCHANGE REQUIREMENTS FOR INDEPENDENT CONTRACTORS. 2.ENGAGED IN CONDUCT INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE IN THAT IT FAILED TO COMPLY WITH AN EXCHANGE SANCTION INVOLVING AN UNDERTAKING.3.VIOLATED EXCHANGE RULE 345(A)/02 ON ONE OR MORE OCCASIONS IN THAT IT: (A)PERMITTED APPROXIMATELY 41 PERSONS WHO HAD NOT BEEN APPROVED BY THE EXCHANGE TO PERFORM SERVICES FOR THE FIRM AS INDEPENDENT CONTRACTORS; AND (B)FAILED TO GIVE THE EXCHANGE PROPER NOTICE THAT APPROXIMATELY 41 INDIVIDUALS NO LONGER MAINTAINED AN INDEPENDENT CONTRACTOR RELATIONSHIP WITH THE FIRM.4.VIOLATED EXCHANGE RULE 440 AND SEA RULE 17A-4 IN THAT IT FAILED TO PRESERVE:(A)ELECTRONIC COMMUNICATIONS IN A NON-REWRITEABLE, NON-ERASEABLE FORMAT (SEA RULE 17A-4(F)(2)(II)(A)); AND (B)COPIES OF OUTGOING ELECTRONIC COMMUNICATIONS IN A READILY RETRIEVABLE MANNER (SEA RULE 17A- 4(B)(4)).5.VIOLATED EXCHANGE RULE 342.17 IN THAT IT FAILED TO ESTABLISH ADEQUATE PROCEDURES FOR ITS REVIEW OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC. 6.VIOLATED EXCHANGE RULE 351(D) IN THAT DURING THE PERIOD JULY 2001 TO JUNE 2002 IT MISREPORTED SEVEN CUSTOMER COMPLAINTS.7.VIOLATED EXCHANGE RULE 304(H) IN THAT IT FAILED TO REGISTER TWO AFFILIATED ENTITIES AS APPROVED PERSONS.SANCTION:CONSENT TO CENSURE AND A $250,000 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) 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): 05/13/2005 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: HPD#: 05-083 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): 1.VIOLATED EXCHANGE RULE 342(A) AND (B), IN THAT IT:(A)FAILED TO ADEQUATELY ENSURE REASONABLE SYSTEMS FOR SUPERVISION, REVIEW, AND FOLLOW-UP OF ERROR ACCOUNT TRANSACTIONS BY ONE OF THE FIRM'S EMPLOYEES WHO WAS THE FIRM'S DESIGNATED SENIOR SUPERVISING FLOOR BROKER; AND (B)FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY CONTROL OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC AND COMPLIANCE WITH EXCHANGE REQUIREMENTS FOR INDEPENDENT CONTRACTORS. 2.ENGAGED IN CONDUCT INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE IN THAT IT FAILED TO COMPLY WITH AN EXCHANGE SANCTION INVOLVING AN UNDERTAKING.3.VIOLATED EXCHANGE RULE 345(A)/02 ON ONE OR MORE OCCASIONS IN THAT IT: (A)PERMITTED APPROXIMATELY 41 PERSONS WHO HAD NOT BEEN APPROVED BY THE EXCHANGE TO PERFORM SERVICES FOR THE FIRM AS INDEPENDENT CONTRACTORS; AND (B)FAILED TO GIVE THE EXCHANGE PROPER NOTICE THAT APPROXIMATELY 41 INDIVIDUALS NO LONGER MAINTAINED AN INDEPENDENT CONTRACTOR RELATIONSHIP WITH THE FIRM.4.VIOLATED EXCHANGE RULE 440 AND SEA RULE 17A-4 IN THAT IT FAILED TO PRESERVE:(A)ELECTRONIC OMMUNICATIONS IN A NON-REWRITEABLE, NON-ERASEABLE FORMAT (SEA RULE 17A-4(F)(2)(II)(A)); AND (B) COPIES OF OUTGOING ELECTRONIC COMMUNICATIONS IN A READILY RETRIEVABLE MANNER (SEA RULE 17A- 4(B)(4)).5.VIOLATED EXCHANGE RULE 342.17 IN THAT IT FAILED TO ESTABLISH ADEQUATE PROCEDURES FOR ITS REVIEW OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC.6.VIOLATED EXCHANGE RULE 351(D) IN THAT DURING THE PERIOD JULY 2001 TO JUNE 2002 IT MISREPORTED SEVEN CUSTOMER COMPLAINTS. 7.VIOLATED EXCHANGE RULE 304(H) IN THAT IT FAILED TO REGISTER TWO AFFILIATED ENTITIES AS APPROVED PERSONS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 09/27/2005 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: $ 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: **8/5/05**HPD 05-83 - ISSUED BY THE NYSE HEARING PANEL ALLEGATIONS:1.VIOLATED EXCHANGE RULE 342(A) AND (B), IN THAT IT;(A)FAILED TO ADEQUATELY ENSURE REASONABLE SYSTEMS FOR SUPERVISION, REVIEW, AND FOLLOW-UP OF ERROR ACCOUNT TRANSACTIONS BY ONE OF THE FIRM'S EMPLOYEES WHO WAS THE FIRM'S DESIGNATED SENIOR SUPERVISING FLOOR BROKER; AND (B)FAILED TO PROVIDE FOR APPROPRIATE SUPERVISORY CONTROL OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC AND COMPLIANCE WITH EXCHANGE REQUIREMENTS FOR INDEPENDENT CONTRACTORS. 2.ENGAGED IN CONDUCT INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE IN THAT IT FAILED TO COMPLY WITH AN EXCHANGE SANCTION INVOLVING AN UNDERTAKING.3.VIOLATED EXCHANGE RULE 345(A)/02 ON ONE OR MORE OCCASIONS IN THAT IT: (A)PERMITTED APPROXIMATELY 41 PERSONS WHO HAD NOT BEEN APPROVED BY THE EXCHANGE TO PERFORM SERVICES FOR THE FIRM AS INDEPENDENT CONTRACTORS; AND (B)FAILED TO GIVE THE EXCHANGE PROPER NOTICE THAT APPROXIMATELY 41 INDIVIDUALS NO LONGER MAINTAINED AN INDEPENDENT CONTRACTOR RELATIONSHIP WITH THE FIRM.4.VIOLATED EXCHANGE RULE 440 AND SEA RULE 17A-4 IN THAT IT FAILED TO PRESERVE:(A)ELECTRONIC COMMUNICATIONS IN A NON-REWRITEABLE, NON-ERASEABLE FORMAT (SEA RULE 17A-4(F)(2)(II)(A)); AND (B)COPIES OF OUTGOING ELECTRONIC COMMUNICATIONS IN A READILY RETRIEVABLE MANNER (SEA RULE 17A- 4(B)(4)).5.VIOLATED EXCHANGE RULE 342.17 IN THAT IT FAILED TO ESTABLISH ADEQUATE PROCEDURES FOR ITS REVIEW OF ELECTRONIC COMMUNICATIONS WITH THE PUBLIC. 6.VIOLATED EXCHANGE RULE 351(D) IN THAT DURING THE PERIOD JULY 2001 TO JUNE 2002 IT MISREPORTED SEVEN CUSTOMER COMPLAINTS.7.VIOLATED EXCHANGE RULE 304(H) IN THAT IT FAILED TO REGISTER TWO AFFILIATED ENTITIES AS APPROVED PERSONS.SANCTION:CONSENT TO CENSURE AND A $250,000 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 5PDF pages 45–47
- Regulator name — filed text
- NASD ENFORCEMENT
- Monetary/Fine Amount — filed text
- $ 75,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
SECTION 17(A) OF THE SECURITIES ACT OF 1934, RULE 17A-3 THEREUNDER, NASD RULES 2110, 3110, 6320, MSRB RULES G-8 AND G-14: RESPONDENT MEMBER FIRM FAILED TO REPORT TO TRACE CORPORATE BOND TRANSACTIONS; FAILED TO TIMELY REPORT TRANSACTIONS TO THE MUNICIPAL SECURITIES RULEMAKING BOARD (MSRB); ITS ORDER TICKETS FOR MUNICIPAL SECURITIES TRANSACTIONS, CORPORATE BOND TRANSACTIONS AND GOVERNMENT BOND TRANSACTIONS DID NOT INDICATE WHETHER THE TRANSACTIONS WERE SOLICITED OR UNSOLICITED AND IN WHAT CAPACITY RESPONDENT FIRM WAS ACTING.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENT MEMBER FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $75,000.
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 ENFORCEMENT 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 12/06/2006 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: E112005019101 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): SECTION 17(A) OF THE SECURITIES ACT OF 1934, RULE 17A-3 THEREUNDER, NASD RULES 2110, 3110, 6320, MSRB RULES G-8 AND G-14: RESPONDENT MEMBER FIRM FAILED TO REPORT TO TRACE CORPORATE BOND TRANSACTIONS; FAILED TO TIMELY REPORT TRANSACTIONS TO THE MUNICIPAL SECURITIES RULEMAKING BOARD (MSRB); ITS ORDER TICKETS FOR MUNICIPAL SECURITIES TRANSACTIONS, CORPORATE BOND TRANSACTIONS AND GOVERNMENT BOND TRANSACTIONS DID NOT INDICATE WHETHER THE TRANSACTIONS WERE SOLICITED OR UNSOLICITED AND IN WHAT CAPACITY RESPONDENT FIRM WAS ACTING. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 12/06/2006 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: $ 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: WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENT MEMBER FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $75,000. 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 6PDF pages 47–48
- Regulator name — filed text
- NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.
- Monetary/Fine Amount — filed text
- $ 20,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
NASD RULES 2110, 3010, 3110, 6130(D), 6953 AND SEC RULE 17A-3- WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE ENTRY OF FINDINGS THAT IT ERRONEOUSLY REPORTED TO ACT THAT RESPONDENT WAS ACTING IN A PRINCIPAL CAPACITY IN 10 TRANSACTION WHEN IN FACT IT WAS ACTING AS AN AGENT WHILE PARTY TO THOSE TRANSACTIONS. THE COMPLAINT ALSO ALLEDGES THAT THE FIRM FAILED TO SHOW THE CORRECT TIME OF ENTRY ON THE MEMORANDUM OF 63 BROKERAGE ORDERS. THE COMPLAINT FURTHER ALLEDGES THAT THE FIRM FAILED TO SYNCHRONIZE IT'S BUSINESS CLOCKS THAT ARE USED FOR PURPOSE OF RECORDING THE DATE AND TIME OF ANY EVENT THAT MUST BE RECORDED PERSUANT TO THE BY-LAWS OR RULES OF THE ASSOCIATION. IN ADDITION, THE FIRM FAILED TO FILE FREE RIDING AND WITHHOLDING QUESTIONARES IN 6 INSTANCES WITH THE ASSOIATION AND FAILED TO COMPLETE ONE SUCH QUESTIONARE IN IT'S ENTIRETY. THE FIRM ALSO FAILED TO ESTABLISH, MAINTAIN AND OR INFORCE WRITTEN SUPERVISORY PRODECURES RESONABLY DESIGNED TO ACHEIVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS, AND WITH THE APPLICABLE RULES OF THIS ASSOCIATION RELATING TO TRADE REPORTING RECORD KEEPING AND THE COMPLETION AND FILING OF FREERIDING AND WITHOLDING QUESTIONARES.
Sanction detail — filed text
THE FIRM WAS CENSURED AND FINED $20500.00; THE FIRM SHALL ALSO REVISE IT'S WRITTEN SUPERVISORY PROCEDURES RELATED TO THE FILING AND COMPLETION OF FREERIDING AND WITHOLDING QUESTIONARES. THE REVISED WSPS SHALL BE SUBMITTED TO THE NASD WITHIN THIRTY BUSINESS DAYS OR ACCEPTANCE OF THIS 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, INC. 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 04/11/2002 Exact Explanation If not exact, provide explanation: EXACT DATE AWC INITIATED UNKNOWN. 4. Docket/Case Number: C11020018 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 RULES 2110, 3010, 3110, 6130(D), 6953 AND SEC RULE 17A-3- WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM CONSENTED TO THE ENTRY OF FINDINGS THAT IT ERRONEOUSLY REPORTED TO ACT THAT RESPONDENT WAS ACTING IN A PRINCIPAL CAPACITY IN 10 TRANSACTION WHEN IN FACT IT WAS ACTING AS AN AGENT WHILE PARTY TO THOSE TRANSACTIONS. THE COMPLAINT ALSO ALLEDGES THAT THE FIRM FAILED TO SHOW THE CORRECT TIME OF ENTRY ON THE MEMORANDUM OF 63 BROKERAGE ORDERS. THE COMPLAINT FURTHER ALLEDGES THAT THE FIRM FAILED TO SYNCHRONIZE IT'S BUSINESS CLOCKS THAT ARE USED FOR PURPOSE OF RECORDING THE DATE AND TIME OF ANY EVENT THAT MUST BE RECORDED PERSUANT TO THE BY-LAWS OR RULES OF THE ASSOCIATION. IN ADDITION, THE FIRM FAILED TO FILE FREE RIDING AND WITHHOLDING QUESTIONARES IN 6 INSTANCES WITH THE ASSOIATION AND FAILED TO COMPLETE ONE SUCH QUESTIONARE IN IT'S ENTIRETY. THE FIRM ALSO FAILED TO ESTABLISH, MAINTAIN AND OR INFORCE WRITTEN SUPERVISORY PRODECURES RESONABLY DESIGNED TO ACHEIVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS AND REGULATIONS, AND WITH THE APPLICABLE RULES OF THIS ASSOCIATION RELATING TO TRADE REPORTING RECORD KEEPING AND THE COMPLETION AND FILING OF FREERIDING AND WITHOLDING QUESTIONARES. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 04/11/2002 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: $ 20,500.00 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 FIRM WAS CENSURED AND FINED $20500.00; THE FIRM SHALL ALSO REVISE IT'S WRITTEN SUPERVISORY PROCEDURES RELATED TO THE FILING AND COMPLETION OF FREERIDING AND WITHOLDING QUESTIONARES. THE REVISED WSPS SHALL BE SUBMITTED TO THE NASD WITHIN THIRTY BUSINESS DAYS OR ACCEPTANCE OF THIS 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Show 10 more source blocks
regulatory · block 7PDF pages 48–50
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
SEC RULES 605, 606 OF REGULATION NMS, 10B-10, 17A-3, 17A-4, NASD RULES 2110, 3010, 3110, 6955(A) - MOORS & CABOT, INC. FAILED TO SHOW THE CORRECT TIME OF ORDER ENTRY AND/OR EXECUTION ON BROKERAGE ORDER MEMORANDA; FAILED TO SHOW THE CORRECT TERMS AND CONDITIONS ON BROKERAGE ORDER MEMORANDA; FAILED TO PRESERVE FOR A PERIOD OF NOT LESS THAN THREE YEARS, THE FIRST TWO IN AN ACCESSIBLE PLACE, BROKERAGE ORDER MEMORANDA. THE FIRM TRANSMITTED TO OATS REPORTS THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA; FAILED TO PROVIDE WRITTEN NOTIFICATION DISCLOSING TO ITS CUSTOMERS EITHER ITS CORRECT CAPACITY IN TRANSACTIONS, THAT IT WAS A MARKET MAKER IN THE SECURITY TRANSACTED, OR THAT THE TRANSACTION WAS EXECUTED AT AN AVERAGE PRICE. THE FIRM MADE AVAILABLE A REPORT ON THE COVERED ORDERS IN NATIONAL MARKET SYSTEM SECURITIES IT RECEIVED FOR EXECUTION FROM ANY PERSON THAT CONTAINED INCORRECT INFORMATION AS TO NUMBER OF SHARES "EXECUTED AWAY," TIME REQUIRED TO EXECUTE ORDERS, AND ORDER TYPE/SIZE GROUPINGS. THE FIRM FAILED TO NOTIFY CUSTOMERS IN WRITING AT LEAST ANNUALLY OF THE AVAILABILITY ON REQUEST OF INFORMATION CONCERNING THE IDENTITY OF THE VENUE TO WHICH THE CUSTOMER'S ORDERS WERE ROUTED FOR EXECUTION IN THE SIX MONTHS PRIOR TO THE REQUEST. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND NASD RULES CONCERNING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $40,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FINRA 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 09/28/2007 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20050011914-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: NATIONAL MARKET SYSTEM SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): SEC RULES 605, 606 OF REGULATION NMS, 10B-10, 17A-3, 17A-4, NASD RULES 2110, 3010, 3110, 6955(A) - MOORS & CABOT, INC. FAILED TO SHOW THE CORRECT TIME OF ORDER ENTRY AND/OR EXECUTION ON BROKERAGE ORDER MEMORANDA; FAILED TO SHOW THE CORRECT TERMS AND CONDITIONS ON BROKERAGE ORDER MEMORANDA; FAILED TO PRESERVE FOR A PERIOD OF NOT LESS THAN THREE YEARS, THE FIRST TWO IN AN ACCESSIBLE PLACE, BROKERAGE ORDER MEMORANDA. THE FIRM TRANSMITTED TO OATS REPORTS THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA; FAILED TO PROVIDE WRITTEN NOTIFICATION DISCLOSING TO ITS CUSTOMERS EITHER ITS CORRECT CAPACITY IN TRANSACTIONS, THAT IT WAS A MARKET MAKER IN THE SECURITY TRANSACTED, OR THAT THE TRANSACTION WAS EXECUTED AT AN AVERAGE PRICE. THE FIRM MADE AVAILABLE A REPORT ON THE COVERED ORDERS IN NATIONAL MARKET SYSTEM SECURITIES IT RECEIVED FOR EXECUTION FROM ANY PERSON THAT CONTAINED INCORRECT INFORMATION AS TO NUMBER OF SHARES "EXECUTED AWAY," TIME REQUIRED TO EXECUTE ORDERS, AND ORDER TYPE/SIZE GROUPINGS. THE FIRM FAILED TO NOTIFY CUSTOMERS IN WRITING AT LEAST ANNUALLY OF THE AVAILABILITY ON REQUEST OF INFORMATION CONCERNING THE IDENTITY OF THE VENUE TO WHICH THE CUSTOMER'S ORDERS WERE ROUTED FOR EXECUTION IN THE SIX MONTHS PRIOR TO THE REQUEST. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND NASD RULES CONCERNING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 09/28/2007 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: WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $40,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 8PDF pages 50–52
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 165,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
THE CENSURE AND FINE WAS A RESULT OF EXCEPTIONS ON NYSE REGUALTORY EXAMINATIONS IN 2005 AND 2006. THE FIRM HAS MADE SIGNIFICANT IMPROVEMENTS IN PERSONNEL AND ITS SUPERVISORY SYSTEM IN AN EFFORT TO AVOID FUTURE EXCEPTIONS IN THESE AREAS. DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
AT VARIOUS TIMES BETWEEN APRIL 2002 AND JUNE 2007 THE FIRM FAILED TO IMPLEMENT ONGOING AML TRAINING FOR APPROPRIATE PERSONNEL, FAILED TO IDENTIFY THE FIRM PERSONNEL RESPONSIBLE FOR REVIEWING THE AML EXCEPTION REPORTS, AND FAILED TO EVIDENCE THE REVIEW OF THOSE REPORTS. THE FIRM DID NOT CONDUCT AN INDEPENDENT TESTING OF ITS AML PROGRAM BETWEEN THE YEARS 2002-2004 AND DID NOT HAVE AN ADEQUATELY TRAINED PERSON CONDUCT THE TESTING FOR 2005 AND 2006 IN VIOLATION OF NASD RULE 3011. FROM JULY 2005 UNTIL OCTOBER 2005 THE FIRM FAILED TO ENSURE AND/OR DOCUMENT LOCATE INFORMATION ON SHORT SALES FOR APPROXIMATELY 18 TRANSACTIONS IN VIOLATION OF REGULATION SHO AND NASD RULE 2110; BETWEEN JANUARY AND AUGUST 2005 THE FIRM MISCLASSIFIED AN INVESTMENT IN A SUBSIDIARY AND AS AN ALLOWABLE ASSET AND AS A RESULT FAILED TO MAINTAIN SUFFICIENT NET CAPITAL, AND ACCURATELY COMPUTE AND REPORT ITS NET CAPITAL ON FOCUS REPORTS. BETWEEN OCTOBER 2005 AND JULY 2006 THE FIRM MAINTAINED THE REGISTRATION OF INDEPENDENT CONTRACTORS WHEN THEY WERE NO LONGER EMPLOYED AT THE FIRM BUT EMPLOYED BY A SUBSIDIARY OF THE FIRM IN VIOLATION OF NYSE RULE 345(A) AND NASD RULE 2110.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $165,000.
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) FINRA 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: FINE 3. Date Initiated (MM/DD/YYYY): 02/09/2010 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2007009459701 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): AT VARIOUS TIMES BETWEEN APRIL 2002 AND JUNE 2007 THE FIRM FAILED TO IMPLEMENT ONGOING AML TRAINING FOR APPROPRIATE PERSONNEL, FAILED TO IDENTIFY THE FIRM PERSONNEL RESPONSIBLE FOR REVIEWING THE AML EXCEPTION REPORTS, AND FAILED TO EVIDENCE THE REVIEW OF THOSE REPORTS. THE FIRM DID NOT CONDUCT AN INDEPENDENT TESTING OF ITS AML PROGRAM BETWEEN THE YEARS 2002-2004 AND DID NOT HAVE AN ADEQUATELY TRAINED PERSON CONDUCT THE TESTING FOR 2005 AND 2006 IN VIOLATION OF NASD RULE 3011. FROM JULY 2005 UNTIL OCTOBER 2005 THE FIRM FAILED TO ENSURE AND/OR DOCUMENT LOCATE INFORMATION ON SHORT SALES FOR APPROXIMATELY 18 TRANSACTIONS IN VIOLATION OF REGULATION SHO AND NASD RULE 2110; BETWEEN JANUARY AND AUGUST 2005 THE FIRM MISCLASSIFIED AN INVESTMENT IN A SUBSIDIARY AND AS AN ALLOWABLE ASSET AND AS A RESULT FAILED TO MAINTAIN SUFFICIENT NET CAPITAL, AND ACCURATELY COMPUTE AND REPORT ITS NET CAPITAL ON FOCUS REPORTS. BETWEEN OCTOBER 2005 AND JULY 2006 THE FIRM MAINTAINED THE REGISTRATION OF INDEPENDENT CONTRACTORS WHEN THEY WERE NO LONGER EMPLOYED AT THE FIRM BUT EMPLOYED BY A SUBSIDIARY OF THE FIRM IN VIOLATION OF NYSE RULE 345(A) AND NASD RULE 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): 02/09/2010 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: $ 165,000.00 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, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $165,000. 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 CENSURE AND FINE WAS A RESULT OF EXCEPTIONS ON NYSE REGUALTORY EXAMINATIONS IN 2005 AND 2006. THE FIRM HAS MADE SIGNIFICANT IMPROVEMENTS IN PERSONNEL AND ITS SUPERVISORY SYSTEM IN AN EFFORT TO AVOID FUTURE EXCEPTIONS IN THESE AREAS. DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 9PDF pages 52–54
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 10,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
SEC RULE 606 - MOORS & CABOT, INC., FOR SEVERAL CALENDAR QUARTERS, MADE PUBLICLY AVAILABLE REPORTS ON ITS ROUTING OF NON-DIRECTED ORDERS IN COVERED SECURITIES THAT WERE INCOMPLETE BECAUSE THEY DID NOT INCLUDE COVERED ORDERS FOR A PARTICULAR MARKET PARTICIPANT IDENTIFIER(MPID) OF THE FIRM.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $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) FINRA 2. Principal Sanction: Censure Other Sanctions: $10,000 FINE 3. Date Initiated (MM/DD/YYYY): 05/13/2011 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2009020595301 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: COVERED SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): SEC RULE 606 - MOORS & CABOT, INC., FOR SEVERAL CALENDAR QUARTERS, MADE PUBLICLY AVAILABLE REPORTS ON ITS ROUTING OF NON-DIRECTED ORDERS IN COVERED SECURITIES THAT WERE INCOMPLETE BECAUSE THEY DID NOT INCLUDE COVERED ORDERS FOR A PARTICULAR MARKET PARTICIPANT IDENTIFIER(MPID) OF THE FIRM. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 05/13/2011 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: $ 10,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement 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, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 10PDF pages 54–56
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 8,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
NASD RULES 6955(A) - MOORS & CABOT, INC. TRANSMITTED EXECUTION OR COMBINED ORDER/EXECUTION REPORTS TO THE ORDER AUDIT TRAIL SYSTEM (OATS) THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA. THE FIRM TRANSMITTED SOME REPORTS TO OATS IMPROPERLY WITH A REPORTING EXCEPTION CODE THAT WERE REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRANSACTION REPORTING SYSTEM AND TRANSMITTED TWO REPORTS TO OATS IT WAS NOT REQUIRED TO TRANSMIT.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $8,500.
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) FINRA 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 11/21/2011 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2008015831501 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 RULES 6955(A) - MOORS & CABOT, INC. TRANSMITTED EXECUTION OR COMBINED ORDER/EXECUTION REPORTS TO THE ORDER AUDIT TRAIL SYSTEM (OATS) THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA. THE FIRM TRANSMITTED SOME REPORTS TO OATS IMPROPERLY WITH A REPORTING EXCEPTION CODE THAT WERE REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRANSACTION REPORTING SYSTEM AND TRANSMITTED TWO REPORTS TO OATS IT WAS NOT REQUIRED TO TRANSMIT. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 11/21/2011 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: $ 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: WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $8,500. 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). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 11SURPRENANT, MICHAEL, JOSEPHPDF pages 56–57
- Advisory affiliate name — filed text
- SURPRENANT, MICHAEL, JOSEPH
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If 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: 2458986 This advisory affiliate is a Firm an Individual Registered: Yes No Name: SURPRENANT, MICHAEL, JOSEPH (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 12PDF pages 58–59
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 40,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERM OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
SEC RULES 605, 606 OF REGULATION NMS, 10B-10, 17A-3, 17A-4, NASD RULES 2110, 3010, 3110, 6955(A) - MOORS & CABOT, INC. FAILED TO SHOW THE CORRECT TIME OF ORDER ENTRY AND/OR EXECUTION ON BROKERAGE ORDER MEMORANDA; FAILED TO SHOW THE CORRECT TERMS AND CONDITIONS ON BROKERAGE ORDER MEMORANDA; FAILED TO PRESERVE FOR A PERIOD OF NOT LESS THAN THREE YEARS, THE FIRST TWO IN AN ACCESSIBLE PLACE, BROKERAGE ORDER MEMORANDA. THE FIRM TRANSMITTED TO OATS REPORTS THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA; FAILED TO PROVIDE WRITTEN NOTIFICATION DISCLOSING TO ITS CUSTOMERS EITHER ITS CORRECT CAPACITY IN TRANSACTIONS, THAT IT WAS A MARKET MAKER IN THE SECURITY TRANSACTED, OR THAT THE TRANSACTION WAS EXECUTED AT AN AVERAGE PRICE. THE FIRM MADE AVAILABLE A REPORT ON THE COVERED ORDERS IN NATIONAL MARKET SYSTEM SECURITIES IT RECEIVED FOR EXECUTION FROM ANY PERSON THAT CONTAINED INCORRECT INFORMATION AS TO NUMBER OF SHARES "EXECUTED AWAY," TIME REQUIRED TO EXECUTE ORDERS, AND ORDER TYPE/SIZE GROUPINGS. THE FIRM FAILED TO NOTIFY CUSTOMERS IN WRITING AT LEAST ANNUALLY OF THE AVAILABILITY ON REQUEST OF INFORMATION CONCERNING THE IDENTITY OF THE VENUE TO WHICH THE CUSTOMER'S ORDERS WERE ROUTED FOR EXECUTION IN THE SIX MONTHS PRIOR TO THE REQUEST. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND NASD RULES CONCERNING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $40,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FINRA 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 09/28/2007 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20050011914-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Other Other Product Types: NATIONAL MARKET SYSTEM SECURITIES 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): SEC RULES 605, 606 OF REGULATION NMS, 10B-10, 17A-3, 17A-4, NASD RULES 2110, 3010, 3110, 6955(A) - MOORS & CABOT, INC. FAILED TO SHOW THE CORRECT TIME OF ORDER ENTRY AND/OR EXECUTION ON BROKERAGE ORDER MEMORANDA; FAILED TO SHOW THE CORRECT TERMS AND CONDITIONS ON BROKERAGE ORDER MEMORANDA; FAILED TO PRESERVE FOR A PERIOD OF NOT LESS THAN THREE YEARS, THE FIRST TWO IN AN ACCESSIBLE PLACE, BROKERAGE ORDER MEMORANDA. THE FIRM TRANSMITTED TO OATS REPORTS THAT CONTAINED INACCURATE, INCOMPLETE OR IMPROPERLY FORMATTED DATA; FAILED TO PROVIDE WRITTEN NOTIFICATION DISCLOSING TO ITS CUSTOMERS EITHER ITS CORRECT CAPACITY IN TRANSACTIONS, THAT IT WAS A MARKET MAKER IN THE SECURITY TRANSACTED, OR THAT THE TRANSACTION WAS EXECUTED AT AN AVERAGE PRICE. THE FIRM MADE AVAILABLE A REPORT ON THE COVERED ORDERS IN NATIONAL MARKET SYSTEM SECURITIES IT RECEIVED FOR EXECUTION FROM ANY PERSON THAT CONTAINED INCORRECT INFORMATION AS TO NUMBER OF SHARES "EXECUTED AWAY," TIME REQUIRED TO EXECUTE ORDERS, AND ORDER TYPE/SIZE GROUPINGS. THE FIRM FAILED TO NOTIFY CUSTOMERS IN WRITING AT LEAST ANNUALLY OF THE AVAILABILITY ON REQUEST OF INFORMATION CONCERNING THE IDENTITY OF THE VENUE TO WHICH THE CUSTOMER'S ORDERS WERE ROUTED FOR EXECUTION IN THE SIX MONTHS PRIOR TO THE REQUEST. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND NASD RULES CONCERNING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 09/28/2007 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: WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $40,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING REGISTRATION OF EMPLOYEES, ORDER HANDLING, BEST EXECUTION, ANTI-COMPETITIVE PRACTICES, TRADE REPORTING, SHORT SALE TRANSACTIONS, FIRM QUOTE COMPLIANCE, OATS, RECORD KEEPING AND INFORMATION BARRIERS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERM OF AWC SATISFIED.
regulatory · block 13PDF pages 59–61
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 30,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
SUPERVISORY PROCEDURES HAVE BEEN REVISED AND IN CONJUCTION WITH OUR CLEARING FIRM THE FIRM HAS MADE THE NECESSARY CHANGES IN PROCESSING FOR ORDERS ROUTED AWAY FOR EXECUTION. DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
Other filed details
Description of allegations — filed text
FINRA RULES 2010, 7450(A), NASD RULE 3010 - MOORS & CABOT, INC. TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM (OATS) EXECUTION OR COMBINED ORDER/EXECUTION REPORTS IMPROPERLY WITH A REPORTING EXCEPTION CODE OF "M" THAT WERE REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRANSACTION REPORTING SYSTEM. THE FIRM TRANSMITTED SOME EXECUTION OR COMBINED ORDER/EXECUTION REPORTS FOR ORDERS THAT WERE ROUTED AWAY FOR EXECUTION. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND FINRA RULES CONCERNING OATS.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $30,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING OATS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) FINRA 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CENSURE, UNDERTAKING 3. Date Initiated (MM/DD/YYYY): 11/21/2012 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2010023687201 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 RULES 2010, 7450(A), NASD RULE 3010 - MOORS & CABOT, INC. TRANSMITTED TO THE ORDER AUDIT TRAIL SYSTEM (OATS) EXECUTION OR COMBINED ORDER/EXECUTION REPORTS IMPROPERLY WITH A REPORTING EXCEPTION CODE OF "M" THAT WERE REQUIRED TO BE MATCHED TO A RELATED TRADE REPORT IN A FINRA TRANSACTION REPORTING SYSTEM. THE FIRM TRANSMITTED SOME EXECUTION OR COMBINED ORDER/EXECUTION REPORTS FOR ORDERS THAT WERE ROUTED AWAY FOR EXECUTION. THE FIRM'S SUPERVISORY SYSTEM DID NOT PROVIDE FOR SUPERVISION REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH APPLICABLE SECURITIES LAWS, REGULATIONS AND FINRA RULES CONCERNING OATS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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: $ 30,000.00 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, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED, FINED $30,000 AND REQUIRED TO REVISE ITS WRITTEN SUPERVISORY PROCEDURES REGARDING OATS WITHIN 30 BUSINESS DAYS OF ACCEPTANCE OF THIS AWC BY THE NAC. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). SUPERVISORY PROCEDURES HAVE BEEN REVISED AND IN CONJUCTION WITH OUR CLEARING FIRM THE FIRM HAS MADE THE NECESSARY CHANGES IN PROCESSING FOR ORDERS ROUTED AWAY FOR EXECUTION. DISCLOSURE ASSOCIATED WITH BROKER DEALER. TERMS OF AWC SATISFIED.
regulatory · block 14GESDORF, ROBERT, SMITHPDF pages 61–63
- Advisory affiliate name — filed text
- GESDORF, ROBERT, SMITH
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If 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: 1474294 This advisory affiliate is a Firm an Individual Registered: Yes No Name: GESDORF, ROBERT, SMITH (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 15PDF pages 63–65
- Regulator name — filed text
- FINRA
- Monetary/Fine Amount — filed text
- $ 7,500.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Action status / disposition — filed text
MONETARY FINE SATISFIED. ACTION IS CLOSED.
Other filed details
Description of allegations — filed text
FOR THE PERIOD 10/1/2012 - 12/31/2012 THE FIRM TRANSMITTED TO OATS 37 COMBINED ORDER/EXECUTION REPORTS THAT CONTAIONED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA, SUBMITTED 9 COMBINED ORDER/EXECUTION REPORTS IT WAS NOT REQUIRED TO REPORT, AND SUBMITTED 36 RELATED STREET SIDE PROPRIETARY ORDERS IN WHICH THE FIRM POPULATED AN INCORRECT ACCOUNT TYPE CODE IN VIOLATION OF FINRA RULE 7450(A)
Sanction detail — filed text
THE FIRM CONSENTED WITHOUT ADMITTING OR DENYING THE FINDINGS TO A CENSURE AND $7,500 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) FINRA 2. Principal Sanction: Censure Other Sanctions: FINE 3. Date Initiated (MM/DD/YYYY): 10/22/2013 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 20130360054-01 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): MOORS & CABOT, INC 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): FOR THE PERIOD 10/1/2012 - 12/31/2012 THE FIRM TRANSMITTED TO OATS 37 COMBINED ORDER/EXECUTION REPORTS THAT CONTAIONED INACCURATE, INCOMPLETE, OR IMPROPERLY FORMATTED DATA, SUBMITTED 9 COMBINED ORDER/EXECUTION REPORTS IT WAS NOT REQUIRED TO REPORT, AND SUBMITTED 36 RELATED STREET SIDE PROPRIETARY ORDERS IN WHICH THE FIRM POPULATED AN INCORRECT ACCOUNT TYPE CODE IN VIOLATION OF FINRA RULE 7450(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: 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: $ 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: THE FIRM CONSENTED WITHOUT ADMITTING OR DENYING THE FINDINGS TO A CENSURE AND $7,500 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). MONETARY FINE SATISFIED. ACTION IS CLOSED.
regulatory · block 16PDF pages 65–67
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 375,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM HAS SUBMITTED AN OFFER OF SETTLEMENT WHICH THE SEC HAS ACCEPTED. IN DETERMINING TO ACCEPT THE OFFER, THE SEC CONSIDERED REMEDIAL ACTS UNDERTAKEN PROMPTLY BY M&C AS WELL AS ITS COOPERATION WITH THE SEC STAFF. IN ACCORDANCE WITH THE ORDER, M&C SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING AND FUTURE VIOLATIONS OF THE INVESTMENT ADVISERS ACT OF 1940 AND RULES PROMULGATED THEREUNDER. M&C WAS CENSURED AND MUST PAY DISGORGEMENT OF $1,436,182, PREJUDGEMENT INTEREST OF OF $88,274, AND AA CIVIL PENALTY OF $375,000; IN ADDITION, M&C MUST COMPLY WITH THE UNDERTAKINGS IN THE SEC ORDER.
Other filed details
Description of allegations — filed text
THE SEC ALLEGED THAT MOORS & CABOT BREACHED ITS FIDUCIARY DUTY TO ADVISORY CLIENTS THROUGH ITS FAILURE, BETWEEN AT LEAST FEBRUARY 2017 AND SEPTEMBER 2021, TO FULLY AND FAIRLY DISCLOSE MATERIAL FACTS AND CONFLICTS OF INTEREST ASSOCIATED WITH CERTAIN REVENUE SHARING PAYMENTS AND FINANCIAL INCENTIVES THAT MOORS & CABOT RECEIVED FROM ITS CLEARING BROKER-DEALERS. THE CLEARING FIRMS PROVIDED REVENUE SHARING PAYMENTS AND CERTAIN FINANCIAL INCENTIVES RELATED TO BANK DEPOSIT SWEEP PROGRAMS, MARGIN LOANS, POSTAGE & HANDLING CHARGES AND TRANSITION ASSISTANCE IN THE FORM OF FORGIVABLE LOANS. VIEWING THE REVENUE SHARING PAYMENTS AND FINANCIAL INCENTIVES AS PRESENTING CONFLICTS OF INTEREST, THE SEC ALLEGED THAT M&C DID NOT ADEQUATELY DISCLOSE THEM TO ITS ADVISORY CLIENTS. ACCORDING TO THE SEC, M&C ALSO FAILED TO DISCLOSE TO ADVISORY CLIENTS ITS PRIOR DISCIPLINARY HISTORY ON ITS FORM ADV AND FAILED TO DISCLOSE TO CERTAIN ADVISORY CLIENTS AND PROSPECTIVE CLIENTS MATERIAL DISCIPLINARY HISTORIES FOR TWO INVESTMENT ADVISER REPRESENTATIVES. IN ADDITION, M&C FAILED TO IMPLEMENT WRITTEN COMPLIANCE POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF THE INVESTMENT ADVISERS ACT OF 1940 IN CONNECTION WITH THE DISCLOSURE OF REVENUE SHARING, FEE MARKUPS, FINANCIAL INCENTIVES, CONFLICTS OF INTEREST, AND DISCIPLINARY HISTORIES.
Sanction detail — filed text
M&C WAS CENSURED, ORDERED TO CEASE AND DESIST AND PAY DISGORGEMENT OF $1,436,182 AND PRE-JUDGEMENT INTEREST OF OF $88,274. IN ADDITION, THE FIRM WAS ORDERED TO PAY A CIVIL PENALTY OF $375,000 AND REQUIRED TO COMPLY WITH THE UNDERTAKINGS IN THE ORDER.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART 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: DISGORGEMENT, MONETARY FINE, CENSURE, COMPLY WITH UNDERTAKINGS IN SEC ORDER. 3. Date Initiated (MM/DD/YYYY): 01/19/2023 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-21282 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 MOORS & CABOT BREACHED ITS FIDUCIARY DUTY TO ADVISORY CLIENTS THROUGH ITS FAILURE, BETWEEN AT LEAST FEBRUARY 2017 AND SEPTEMBER 2021, TO FULLY AND FAIRLY DISCLOSE MATERIAL FACTS AND CONFLICTS OF INTEREST ASSOCIATED WITH CERTAIN REVENUE SHARING PAYMENTS AND FINANCIAL INCENTIVES THAT MOORS & CABOT RECEIVED FROM ITS CLEARING BROKER-DEALERS. THE CLEARING FIRMS PROVIDED REVENUE SHARING PAYMENTS AND CERTAIN FINANCIAL INCENTIVES RELATED TO BANK DEPOSIT SWEEP PROGRAMS, MARGIN LOANS, POSTAGE & HANDLING CHARGES AND TRANSITION ASSISTANCE IN THE FORM OF FORGIVABLE LOANS. VIEWING THE REVENUE SHARING PAYMENTS AND FINANCIAL INCENTIVES AS PRESENTING CONFLICTS OF INTEREST, THE SEC ALLEGED THAT M&C DID NOT ADEQUATELY DISCLOSE THEM TO ITS ADVISORY CLIENTS. ACCORDING TO THE SEC, M&C ALSO FAILED TO DISCLOSE TO ADVISORY CLIENTS ITS PRIOR DISCIPLINARY HISTORY ON ITS FORM ADV AND FAILED TO DISCLOSE TO CERTAIN ADVISORY CLIENTS AND PROSPECTIVE CLIENTS MATERIAL DISCIPLINARY HISTORIES FOR TWO INVESTMENT ADVISER REPRESENTATIVES. IN ADDITION, M&C FAILED TO IMPLEMENT WRITTEN COMPLIANCE POLICIES AND PROCEDURES REASONABLY DESIGNED TO PREVENT VIOLATIONS OF THE INVESTMENT ADVISERS ACT OF 1940 IN CONNECTION WITH THE DISCLOSURE OF REVENUE SHARING, FEE MARKUPS, FINANCIAL INCENTIVES, CONFLICTS OF INTEREST, AND DISCIPLINARY HISTORIES. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and 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): 01/23/2023 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: $ 375,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: DISGORGEMENT OF $1,436,182, PREJUDGEMENT INTEREST OF $88,284; COMPLY WITH UNDERTAKING OF SEC 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: M&C WAS CENSURED, ORDERED TO CEASE AND DESIST AND PAY DISGORGEMENT OF $1,436,182 AND PRE-JUDGEMENT INTEREST OF OF $88,274. IN ADDITION, THE FIRM WAS ORDERED TO PAY A CIVIL PENALTY OF $375,000 AND REQUIRED TO COMPLY WITH THE UNDERTAKINGS IN THE ORDER. 13. Provide a brief summary of 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, THE FIRM HAS SUBMITTED AN OFFER OF SETTLEMENT WHICH THE SEC HAS ACCEPTED. IN DETERMINING TO ACCEPT THE OFFER, THE SEC CONSIDERED REMEDIAL ACTS UNDERTAKEN PROMPTLY BY M&C AS WELL AS ITS COOPERATION WITH THE SEC STAFF. IN ACCORDANCE WITH THE ORDER, M&C SHALL CEASE AND DESIST FROM COMMITTING OR CAUSING AND FUTURE VIOLATIONS OF THE INVESTMENT ADVISERS ACT OF 1940 AND RULES PROMULGATED THEREUNDER. M&C WAS CENSURED AND MUST PAY DISGORGEMENT OF $1,436,182, PREJUDGEMENT INTEREST OF OF $88,274, AND AA CIVIL PENALTY OF $375,000; IN ADDITION, M&C MUST COMPLY WITH THE UNDERTAKINGS IN THE SEC ORDER.
* 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.