3d. ALL – Responding to Regulatory Investigations and Inquiries (Advanced - OPEN)
When regulators identify matters that concern them, through examinations or otherwise, an investigation may be initiated to assess the facts and circumstances, ascertain whether any rule violations have occurred, and if enforcement proceedings or other actions are warranted. Compliance or legal personnel may be asked to assist or handle aspects of the firm’s response to the investigation. Investigations begin with notice by the relevant group or division at FINRA or the SEC. In this session, the panel will discuss best practices for compliance personnel when their firm is involved in a FINRA or SEC regulatory investigation. Using case studies, the panel will explore practical tips for managing the process and achieving the most favorable outcome under the circumstances.
This session is open to regulators but closed to members of the press.
Learning Objectives:
· Identify the origin and nature of the inquiry or investigation.
· Know which questions you, or counsel, should ask the regulatory investigators at each stage of an investigation.
· Learn how to request a copy of the SEC’s formal order and why it is important.
· Assess whether and how to conduct an internal investigation of areas of concern to ascertain the firm’s risks.
· Know how to respond to FINRA 8210 letters and SEC request letters, and when to engage counsel or other outside advisors.
· Hear best practices for organizing an effective team to manage the regulatory investigation of the firm, including who should be included, gathering responsive documents, document review and production, handling privileged and confidential documents, preparing for OTR or investigative testimony.