According to FINRA, Cullen David Factor was barred from association with any FINRA member in all capacities for refusing to appear for on-the-record testimony.
FINRA requested Factor's testimony in connection with its investigation to determine whether he engaged in sales practice violations during his association with his member firm. Factor refused to appear for the requested testimony, which constitutes a violation of FINRA rules requiring cooperation with regulatory investigations.
Under FINRA rules, registered persons must cooperate with FINRA investigations and provide testimony when requested. Refusing to appear for testimony is considered one of the most serious violations because it obstructs FINRA's ability to fulfill its regulatory mission of investor protection and market integrity. Such refusals typically result in a bar from the securities industry.
A bar means Factor is prohibited from associating with any FINRA member firm in any capacity, including back-office or clerical roles. This sanction effectively ends his career in the securities industry unless he successfully appeals or applies for re-entry after the applicable waiting period.
This case serves as a reminder to investors that registered representatives have ongoing obligations to cooperate with regulatory authorities, and that failure to do so results in severe sanctions. When investigating potential misconduct, FINRA needs the cooperation of registered persons to gather facts and protect investors. Investors can check FINRA BrokerCheck to see if a financial professional has been barred or otherwise sanctioned, which is important information when selecting an advisor. Factor's bar should serve as a warning to all registered persons about the importance of regulatory cooperation.