CFP Board Enforcement Process: No Challenges in CFP Board Proceeding to Criminal Convictions, Professional Discipline, or Civil Liability

Posted on July 28th, 2020 at 2:49 PM
CFP Board Enforcement Process: No Challenges in CFP Board Proceeding to Criminal Convictions, Professional Discipline, or Civil Liability

From the Desk of Jim Eccleston at Eccleston Law LLC:

This is the sixth of several posts detailing the CFP Board enforcement process.  This post will focus on the rules regarding records which a Respondent cannot challenge in a CFP Board proceeding. 

In a CFP Board proceeding, there are certain records which a Respondent is not allowed to challenge. These types of records are those showing: criminal convictions, professional discipline, and civil liability.

In a CFP Board proceeding, a record from a court which shows that the Respondent  has been convicted in that court or that shows that Respondent was admitted into a program that defers or withholds entry of judgment of a conviction, is conclusive proof that the Respondent committed that crime. However, that record will not be treated as conclusive proof of that criminal conviction if criminal conviction is subject to appeal. 

Likewise, a record from a civil court that includes findings that Respondent violated a law, rule or regulation will be considered conclusive proof that Respondent committed that act. Again, if the court’s finding is subject to appeal, it will not be treated as conclusive proof. 

Finally, a record of professional discipline from a governmental agency, self-regulatory organization, or other regulatory authority will be conclusive proof that Respondent engaged in the conduct and violations found in that record.  If that record is under challenge in a civil court or before a regulatory body, it will not be considered conclusive proof.

CFP professionals who receive an inquiry or a complaint from the CFP Board should contact the professionals at Eccleston Law for a free consultation.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: eccleston, eccleston law, hames eccleston, cfp board, cfp enforcement

Return to Archive

TESTIMONIALS

Previous
Next

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

December 19, 2024
GPB Capital Investors See Progress as Court Confirms Receivership

In a significant development for investors in GPB Capital Holdings, the private equity firm will move into receivership following a prolonged legal battle.

December 18, 2024
SEC Fines Cantor Fitzgerald $6.75 Million for Misleading SPAC Investors

The Securities and Exchange Commission (SEC) has charged Cantor Fitzgerald, L.P. with causing two special purpose acquisition companies (SPACs) under its control to make misleading statements to investors before their initial public offerings (IPOs). 

December 17, 2024
Former Western Asset Management Co-CIO Charged with Fraud for Cherry-picking Trades

The SEC recently charged Ken Leech, former Co-CIO of Western Asset Management, with fraud.