John Joseph Cahill of Mahwah, New Jersey submitted a Letter of Acceptance, Waiver and Consent (AWC) to the Financial Industry Regulatory Authority (FINRA) in which he allegedly refused to appear and provide on-the-record testimony, documents and information requested regarding an investigation in violation of FINRA Rules 8210 and 2010.
In October 2013, John Joseph Cahill joined Janney Montgomery Scott LLC (“Janney”) as a General Securities Representative. According to the FINRA findings, the Firm reported Cahill’s termination for failing to report his fiduciary relationship with a former client in a Uniform Termination Notice for Securities Industry Registration. The FINRA findings stated that following his termination, FINRA’s department of Enforcement commenced an investigation regarding certain allegations that he served as power-of-attorney and commingled and/or converted funds for a customer while associated with Janney. In addition, Cahill acknowledged and stated that he received the request and would not provide the documents and information or appear and provide testimony at any time.
FINRA Rule 8210(a)(1) and (2) state, in relevant part, that FINRA has the right to “require a person associated with a member, or any other person subject to FINRA’s jurisdiction to provide information orally, in writing, or electronically and to testify at a location specified by FINRA staff, under oath or affirmation with respect to any matter involved in the investigation, complaint, examination or proceeding.” FINRA Rule 8210(c) provides that “[n]o member or person shall fail to provide information or testimony pursuant to this Rule.” A failure to comply with requests for documents and information or testimony pursuant to FINRA Rule 8210 is also a violation of FINRA Rule 2010,
Without admitting or denying FINRA’s findings, John Joseph Cahill has been barred from association with any FINRA member in all capacities.
Stockbrokers have been known to engage in many practices that may violate industry and firm rules, practices, and procedures. In order to protect investors from stockbroker misconduct, FINRA rules require brokerage firms to establish and implement a supervisory system. The implementation of these industry rules requires supervisors to monitor their employees to ensure compliance with federal and state securities laws, securities industry rules and regulations, and the brokerage firm’s own policies and procedures. If broker-dealers and/or their supervisors fail to establish and implement these protective measures, they may be liable to investors for damages which flow from the broker’s misconduct. Therefore, investors who have suffered losses stemming from misconduct by their broker can file claims to recover damages against broker-dealers, like Janney Montgomery Scott LLC, which should consistently oversee its brokers’ activities in order to prevent the above-described misconduct.
Have you suffered losses in your Janney Montgomery Scott account due to misconduct by your broker? Was John Joseph Cahill your stockbroker? If so, call Robert Pearce at the Law Offices of Robert Wayne Pearce, P.A. for a free consultation. Mr. Pearce is accepting clients with valid claims against Janney Montgomery Scott stockbrokers who may have engaged in broker misconduct and caused investors’ losses.
The most important of investors’ rights is the right to be informed! This Investors’ Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 40 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors’ rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at email@example.com for answers to any of your questions about this blog post and/or any related matter.