The Law of the Financial Markets from Top Securities Lawyers
Wednesday, May 21, 2025
Commentary, news and links of interest to financial advisers.
By: Mark J. Astarita, Esq. Defending an SEC Investigation Do you need an SEC Investigation Attorney? The answer is probably yes, since facing an SEC investigation can be intimidating for individuals or organizations, and defending against it requires expertise and insight. The SEC is a powerful regulatory entity that can […]
On May 13, 2024, the SEC and the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) jointly issued a proposed rule (the Proposal) that, if adopted, would impose new anti-money laundering and countering the financing of terrorism (AML/CFT) compliance obligations on registered investment advisers (RIAs) and exempt reporting […]
May 15, 2024 — The SEC staff has released a new report on Investment Adviser Statistics. This report, based on aggregated data filed by investment advisers on Form ADV, will be updated annually. It provides the public with valuable insights into the investment advisory industry, covering aspects such as business […]
The Securities and Exchange Commission’s Division of Investment Management is gearing up to host its much-anticipated second annual Conference on Emerging Trends in Asset Management. Scheduled for Thursday, May 16, 2024, this event promises to be a cornerstone for professionals from various sectors within the asset management industry, including regulators […]
Washington D.C., Jan. 16, 2024 – The Securities and Exchange Commission (SEC) has taken action against J.P. Morgan Securities LLC for their alleged hindrance of clients from reporting potential securities law violations. SEC Charges J.P. Morgan The SEC has officially charged J.P. Morgan with impeding numerous advisory clients and brokerage […]
Proposed NASD Rules Will Allow Allegations Against Brokers to be Made Public By Mark J. Astarita, Esq. Note: This column was originally published in 1997 in Research Magazine. Unfortunately, nothing changed, and in fact, the situation has gotten worse. If you have questions about your U-4 or U-5 filings, please […]
By: Mark J. Astarita, Esq. In the article linked below, the authors believe that the landscape of SEC enforcement is changing. According to this article, entities and individuals facing SEC actions are winning, or not losing as much. Of course, the examples in the article are purely anecdotal, and there […]
The SEC Serves a Subpoena, or FINRA wants an OTR. Now what? By Mark J. Astarita, Esq. Introduction to SEC Subpoenas If you get a letter, phone call, or subpoena from the SEC (Securities and Exchange Commission) or FINRA (Financial Industry Regulatory Authority), take it seriously. Even if the person […]
By Mark J. Astarita, Esq. FINRA Rule 8210 FINRA Rule 8210 (Provision of Information and Testimony and Inspection and Copying of Books) is the starting point of virtually every FINRA enforcement proceeding, as it gives FINRA the authority to request documents and testimony from firms, registered persons and, in FINRA’s […]
The SEC’s Division of Examinations prioritizes examinations of certain practices, products, and services that it believes present potentially heightened risks to investors or the integrity of the U.S. capital markets. They have announced the 2024 examination priorities. Here is a summary of the Broker-Dealer priorities for 2024. We summarized the […]
