FINRA Fines Firm for Failing to Buy-in Fails on Munis

"Member firms must establish and maintain controls and procedures for detecting, resolving and preventing the consequences of municipal short positions and fails to receive. That includes strictly adhering to the close-out requirements under MSRB Rule G-12(h) and timely identifying and addressing short positions and fails to receive in municipal securities under Exchange Act Rule 15c3-3[.]"
FINRA Executive Vice President and Head of Enforcement Bill St. Louis
"Member firms must establish and maintain controls and procedures for detecting, resolving and preventing the consequences of municipal short positions and fails to receive. That includes strictly adhering to the close-out requirements under MSRB Rule G-12(h) and timely identifying and addressing short positions and fails to receive in municipal securities under Exchange Act Rule 15c3-3[.]"
FINRA Executive Vice President and Head of Enforcement Bill St. Louis

FINRA fined a muni dealer for MSRB Rule violations including (i) failing to timely cancel or close out inter-dealer municipal securities transactions after settlement; (ii) failing "to take prompt steps to obtain physical possession or control of 247 short positions resulting from failed inter-dealer municipal securities transactions" and (iii) related supervisory violations.

In the Letter of Acceptance, Waiver and Consent, FINRA said the firm failed to cancel or close out failed inter-dealer municipal securities transactions within 20 calendar days after settlement and failed to establish and maintain a supervisory system, including written supervisory procedures (WSPs), reasonably designed to achieve compliance.

As a result, FINRA found that the firm violated MSRB Rule G-12(h) ("Uniform Practice"), MSRB Rule G-27 ("Supervision"), SEA Section 15(c)(3)("Risk management controls for brokers or dealers with market access."), Exchange Act Rule 15c3- 3(d)(2) ("Customer protection-reserves and custody of securities.") and FINRA Rule 2010 ("Standards of Commercial Honor and Principles of Trade").

The firm agreed to (i) a censure and (ii) a $1,600,000 fine.

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