Bad Broker

FINRA Bars Daniel Kiely for Refusing to Testify

2023-01-26

My Bad Broker

According to FINRA, Daniel Liam Kiely was barred from association with any FINRA member in all capacities for refusing to appear for on-the-record testimony requested by FINRA.

The decision provides no additional details about the subject matter of FINRA's investigation or what prompted the request for testimony. However, the bar sanction reflects the absolute nature of the obligation to cooperate with FINRA investigations.

Every registered securities professional has a continuing obligation to cooperate with FINRA investigations, which includes appearing for on-the-record testimony when requested. This obligation exists regardless of whether the individual is currently registered with a firm or has left the industry. It also applies regardless of the subject matter of the investigation or whether the individual believes they have done anything wrong.

On-the-record testimony is a critical tool that FINRA uses to investigate potential violations and protect investors. When individuals refuse to appear for testimony, they prevent FINRA from gathering essential information about potential misconduct. This obstruction of the regulatory process is itself a serious violation that undermines FINRA's ability to fulfill its investor protection mission.

The bar sanction in cases involving refusal to testify is standard and automatic. FINRA has consistently held that refusing to appear for testimony warrants a bar from the industry because cooperation with investigations is a fundamental obligation of all registered persons. There are no acceptable excuses for refusing to testify.

This case serves as a clear message to all securities professionals: if FINRA requests your appearance for on-the-record testimony, you must appear. Refusing to do so will result in a bar from the industry, effectively ending your career in the securities business. Investors should be reassured that the industry maintains strict rules requiring cooperation with regulatory inquiries and imposes severe consequences on those who refuse to cooperate.

Violation :

Refused to appear for FINRA testimony

Tags :

Daniel Liam Kiely,
PA
CRD Number : 6963909

Contact Us