Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 11, 2018
The Firm
201-896-4100 info@sh-law.comOn May 2, 2018, The Financial Industry Regulatory Authority (FINRA) announced revisions to its Sanction Guidelines to reflect changes to General Principle No. 2. FINRA now advises that when the current violation and a respondent’s disciplinary history, including a history of arbitration awards and arbitration settlements, form a pattern, adjudicators should consider imposing more stringent sanctions.

According to FINRA, “These Sanction Guidelines revisions allow adjudicators to consider more completely a respondent’s interactions with customers and regulators. Adjudicators will no longer be limited from considering what, in some cases, could be an extensive series of arbitration awards and arbitration settlements that share similarities with the violations found in a disciplinary case.” The changes will impact disciplinary complaints filed on or after June 1, 2018. See FINRA Regulatory Notice 18-17 and FINRA FAQ.
The newly added section in General Principal No. 2 of the Sanction Guidelines directs adjudicators to specifically consider whether the misconduct in the current disciplinary case, together with regulatory actions and arbitration history, establishes that the respondent has a pattern of causing harm. The revisions replace the term “disciplinary history” with “Disciplinary and Arbitration History,” which is defined as:
[D]isciplinary history by regulators, and arbitration awards and arbitration settlements resulting from disputes between a customer and the respondent, including those when the respondent is the subject of an arbitration claim that only names a FINRA member firm.
The term “Disciplinary and Arbitration History” includes arbitrations that a customer filed involving investment-related disputes that have been resolved through an adverse award or settlement. The definition excludes customer-initiated arbitration claims that have been filed but not resolved. It also excludes customer complaints when no arbitration claim has been filed and settlements reached with a customer when no arbitration claim was filed. Dismissals and withdrawals of customers’ arbitration claims also will not be relevant to determinations of disciplinary sanctions.
When FINRA’s Department of Enforcement asserts that a respondent has arbitration awards or arbitration settlements that are relevant to determining sanctions, adjudicators will rely on the information about those awards or settlements that are included in the Central Registration Depository. The parties may not collaterally attack or seek to undermine the validity of an arbitration award or arbitration settlement.
When evaluating factors that establish or negate a pattern of causing harm, FINRA advises that adjudicators should draw on their experience and exercise their judgment. “Adjudicators should consider the nature, severity, and frequency of all disciplinary history, adverse arbitration awards and arbitration settlements, or a combination of these events, as well as the length of time between events, the isolated nature of an event, or other extenuating circumstances.” See FAQ Answers 19 through 22. When such a pattern is established, an adjudicator should consider imposing more severe sanctions than what would have been imposed if no pattern existed.
If you have any questions or if you would like to discuss the matter further, please contact me, Paul Lieberman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!