Practice

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RK&O is a preeminent firm in the representation of broker-dealers. Our expertise in compliance and regulatory issues critical to broker-dealer practices enables us to assist clients in responding to regulator inquiries and working proactively to prevent future violations.

We advise clients in connection with examinations, investigations and administrative proceedings involving all aspects of broker-dealer practices. We guide our clients through the process of responding to inquiries from the SEC, FINRA, state regulators and other governmental agencies and self-regulatory organizations. We have defended broker-dealers in the context of a diverse range of matters, including Ponzi scheme and other unauthorized fund transfer allegations; unauthorized trading and suitability issues; allegations of kickbacks and bribery; sufficiency of books and records and customer disclosure; and Know Your Customer (KYC) issues. Regulators frequently put RK&O forward to act as receiver or monitor in high-profile situations, such as the recent matters involving Bernard L. Madoff Investment Securities LLC and Westgate Capital Management, LLC.

Experience

We currently represent or have recently represented:

  • A national securities brokerage firm in auction rate securities enforcement actions by the SEC and state regulators.
  • A global financial services firm in a FINRA investigation regarding a retail securities lending program.
  • A retail broker in a FINRA investigation and DOJ referral regarding an alleged "Ponzi" scheme.
  • A global financial services firm in a FINRA investigation and Sarbanes-Oxley "whistle blower" claim regarding alleged kickback payments.
  • A global financial services firm in a FINRA investigation regarding equity syndicate allocations to family members. 

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