FINRA Panel Denies Former Advisor Opportunity to Defend Himself

Posted on January 13th, 2020 at 2:29 PM
FINRA Panel Denies Former Advisor Opportunity to Defend Himself

From the Desk of Jim Eccleston at Eccleston Law LLC:

A Financial Industry Regulatory Authority Inc. ("FINRA") arbitration panel recently concluded an arbitration case involving a former Raymond James advisor with a promissory note balance. The case is unique because the arbitrators denied the rep an opportunity to present testimony, witnesses or evidence, as a sanction for failing to file his answer in a timely manner.

According to a recent OnWallStreet article, Gregory Clark was present for the arbitration hearing. However, the three arbitrators ruled that Clark lost his right to a defense against Raymond James' claims that he owed the firm $206,000.  

According to the arbitration award, the panel granted the firm's request for the sanction and denied a subsequent appeal by Clark. Raymond James attorneys asked the arbitrators to bar Clark from presenting defenses and facts. That was an extreme sanction, but one that arbitration panels can use if they deem one side has not played fairly by the rules.

James Eccleston, who was not affiliated with Clark's case, was quoted in the article as saying, "The circumstances provide a foundation for some sort of sanction, though this one is extreme. It didn't help that Clark did not have his own lawyer." Clark instead brought to the hearing a broker-colleague who served as his non-lawyer representative.

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: james eccleston, eccleston law, eccleston law llc, eccleston, finra, financial advisor, gregory clark,

Return to Archive

TESTIMONIALS

Previous
Next

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

March 12, 2025
GPB Capital Investors May Receive Some Compensation Under Proposed Distribution Plan

GPB Capital Holdings investors have not received returns on their investments since 2018. According to InvestmentNews, after years of litigation, a court-appointed receiver has submitted a plan to return funds to the 17,000 investors who purchased $1.8 billion in GPB limited partnerships.

March 11, 2025
Former CNBC Analyst Pleads Guilty to $2.7 Million Securities Fraud Scheme

James Arthur McDonald Jr., a former financial advisor and frequent CNBC guest analyst, has agreed to plead guilty to securities fraud, admitting to defrauding investors out of at least $2.7 million, as reported by ThinkAdvisor. The felony charge carries a maximum sentence of 20 years in federal prison.

March 10, 2025
Wells Fargo and Merrill Lynch Settle SEC Charges Over Cash Sweep Program Policies

The Securities and Exchange Commission (SEC) has announced settlements with Wells Fargo Clearing Services LLC, Wells Fargo Advisors Financial Network LLC, and Merrill Lynch, Pierce, Fenner & Smith Incorporated over allegations that they failed to implement proper policies and procedures for their cash sweep programs.