Lesson

This section discusses the administrative actions that can be taken against individuals or firms who violate securities laws, regulations, and guidelines. These actions are designed to protect investors and maintain the integrity of the financial industry. We will also explore the remedies available to investors who unethical business practices have harmed.

Practice Question #1

Which of the following is NOT an administrative action?

Options

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Terms

Administrative actions:
Actions taken by regulatory authorities to enforce securities laws, regulations, and guidelines.
Cease and desist order:
An order issued by a regulatory authority requiring an individual or firm to stop engaging in a specific activity.
Censure:
A formal reprimand issued by a regulatory authority for violating securities laws, regulations, or guidelines.
Fine:
A monetary penalty a regulatory authority imposes for violating securities laws, regulations, or guidelines.
Suspension:
A temporary prohibition on an individual or firm from engaging in certain activities or holding certain positions within the financial industry.
Revocation:
The permanent removal of an individual's or firm's registration or license to operate within the financial industry.
Restitution:
Compensating investors for losses incurred due to unethical business practices or securities law violations.
Disgorgement:
The act of returning ill-gotten gains obtained through unethical business practices or securities law violations.
Injunction:
A court order prohibiting an individual or firm from engaging in specific activities or practices.
Consent order:
A voluntary agreement between a regulatory authority and an individual or firm to resolve an enforcement action without admitting guilt or liability.
Civil liability:
Legal responsibility for damages or losses incurred by another party due to negligence or misconduct.
Criminal liability:
Legal responsibility for criminal acts, which may result in fines, imprisonment, or both.

Practice Question #2

What is the primary purpose of administrative actions?

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Historical Example

In the early 2000s, a major financial firm was found to have engaged in fraudulent practices, including market manipulation and insider trading. As a result, the firm faced numerous administrative actions, including fines, censures, and suspending certain employees. The firm was also required to pay restitution to affected investors and disgorge its ill-gotten gains.

Practice Question #3

Which of the following is a possible remedy for investors who have been harmed by unethical business practices?

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Real-World Example

A financial advisor is found to have engaged in unethical business practices, such as churning client accounts to generate excessive commissions. The advisor's actions are discovered by a regulatory authority, which issues a cease and desist order, fines the advisor, and suspends their license for some time. The advisor is also required to pay restitution to affected clients.

Practice Question #4

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More Detail

- *Scenarios warranting administrative action*: Situations in which a regulatory authority, such as the SEC or a state securities administrator, may take action against a person or entity for violating securities laws or regulations.

Practice Question #5

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More Detail Examples

- *Fraudulent activities*: An investment adviser intentionally misleads clients about the performance of an investment product. - *Unregistered securities*: A broker-dealer sells unregistered securities to clients, violating the Securities Act of 1933. - *Unethical business practices*: An investment adviser engages in practices such as churning, excessive trading, or recommending unsuitable investments to clients. - *Ignoring red flags*: Failing to recognize or report suspicious activities or potential violations can lead to further harm to clients and potential legal consequences for the individual or firm involved.

Practice Question #6

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Pitfalls to Remember

- *Ignoring red flags*:
Failing to recognize or report suspicious activities or potential violations can lead to further harm to clients and potential legal consequences for the individual or firm involved.

Practice Question #7

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Practice Question #8

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Practice Question #9

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Mark this subject as reviewed