According to FINRA, Delaina Sue Kucish was assessed a deferred fine of $15,000 and suspended from association with any FINRA member in all capacities for 15 months for multiple violations involving unauthorized communications and false statements.

Kucish caused her member firm to fail to preserve required books and records by using unauthorized text messages on her personal cell phone to transmit client documents to another associated person at the firm on multiple occasions. Firms are required to maintain records of business-related communications, and representatives must use firm-approved communication methods so that these records can be properly preserved. By using personal text messages, Kucish created communications that the firm could not capture or supervise.

The violations became more serious when Kucish provided false information during investigations. She told a firm investigator that she did not send any client information or documents via text message, which was false. She then compounded this false statement by submitting a written response to FINRA containing false or misleading information, including a false denial that she ever sent client documents via text message to another associated person. Only after submitting this false response did Kucish subsequently admit in another written response to FINRA that she had, in fact, sent documents via text message.

This pattern of conduct—using unauthorized communications, lying to the firm, and initially lying to FINRA before eventually admitting the truth—demonstrates a concerning lack of candor and willingness to mislead both her employer and regulators. The progression from initial denial to eventual admission suggests Kucish recognized the falsehood could not be maintained.

The 15-month suspension reflects the seriousness of providing false information to both the firm and FINRA. While Kucish eventually admitted the truth, her initial false denials obstructed investigations and wasted regulatory resources. For investors, this case illustrates the importance of firms maintaining comprehensive communication records and the serious consequences when representatives attempt to conduct business through unapproved channels. The suspension is in effect from June 5, 2023, through September 4, 2024.