According to FINRA, Cathy Vasilev was assessed a deferred fine of $10,000 and suspended from association with any FINRA member in all capacities for four months on July 30, 2024, for submitting general market commentary content to FINRA for review and approval that was unrelated to a member firm's business and falsely representing that the content had been approved by a principal of that firm.
While working for an outside consulting firm, Vasilev submitted content under the CRD number of one of the firms she was providing consulting services on behalf of, but the content was actually for clients of her outside consulting business. Her consulting business, among other activities, assisted certain consulting clients with obtaining confirmation that general market commentary content created by such consulting clients met FINRA advertising standards.
Some of the communications submitted stated that the securities would be offered by the firm when none of them were related to the firm's business. Vasilev's representation that a firm principal had approved the content was false because the principal had never reviewed them. This conduct deceived FINRA's advertising review process and misused a member firm's identity.
FINRA's advertising rules require that communications with the public be fair and balanced, not misleading, and that they be approved by a qualified principal before use. The review and approval process is designed to ensure that communications meet regulatory standards and protect investors from misleading or deceptive materials. When individuals falsely represent that content has been approved by a firm principal, they undermine this important investor protection mechanism.
The four-month suspension, in effect from August 19, 2024, through December 18, 2024, reflects the serious nature of making false representations to a regulator and misusing a member firm's identity. This case demonstrates the importance of honest dealing with regulators and proper supervision of communications with the public.