Investigations, Exams & Audits

Defense of SEC and FINRA investigations, routine exams, 8210 requests, OTRs and Wells Notices are the main stay of Mark’s practice. From customer complaints to insider trading investigations, his experience in these proceedings, as well as in the practical aspects of operating a broker-dealer, can provide the experience that you need. Mark is a securities lawyer, this area of law is not something he does some of the time, this is where he lives, and where he has practiced for 30 years.

Receiving an SEC subpoena or a FINRA 8210 request can be a harrowing experience, and this is true whether you are a market professional, the CEO of a regulated entity, or an investor. That investigation can have a serious effect on your business, or your career and has the risk of consuming a significant amount of time, and money, even if you have not engaged in any wrongful conduct. How you respond to the initial inquiry, and how you manage the events as the investigation continues often determines the outcome of that investigation.

SEC investigations can begin from a variety of sources, including anonymous tips, trading surveillance by the SEC, or the exchanges, customer complaints, or from information obtained by other government entities. Witnesses and even targets, often learn of the investigation by a simple telephone call from an investigator or staff attorney. That telephone call will be followed by a letter, which requests that you voluntarily provide information to the SEC Staff.

FINRA 8210 requests result from FINRA investigations, U-4 and U-5 filings, and customer complaints and follow a similar path as an SEC subpoena to a registered person or entity.

Take a moment to read Mark’s commentary, Tips for Responding to an SEC Subpoena, How Long Does an SEC Investigation Take, and Responding to an 8210 Request and vist his award winning website – The Securities Law Home Page.

Have questions? Call 212-509-6544 or email Quick questions and answers are never an issue.