According to FINRA, Hans Patrick Kulicke Eveillard was barred from association with any FINRA member in all capacities for refusing to appear for on-the-record testimony requested during a FINRA investigation.
The investigation originated from a customer complaint filed with FINRA. Eveillard's refusal to appear for testimony obstructed FINRA's ability to investigate the customer's allegations and determine whether misconduct occurred.
On-the-record testimony is a critical investigative tool that allows FINRA to gather facts, assess credibility, and determine appropriate action to protect investors. When registered persons refuse to provide testimony, they prevent regulators from fulfilling their investor protection mandate.
All FINRA-registered individuals must cooperate with investigations as a condition of their registration. This obligation exists regardless of the nature of the allegations and even if testimony might be adverse to the individual's interests. Those who refuse to cooperate demonstrate they are unwilling to submit to regulatory oversight and are unfit to remain in the securities industry.
The permanent bar protects investors from an individual who refused to be held accountable when questions were raised about his conduct. Without testimony, FINRA could not fully investigate the customer complaint or determine what corrective action might be needed.
This case serves as a clear warning that refusing to appear for testimony will result in permanent removal from the industry. Registered persons must cooperate fully with investigations to maintain the privilege of serving investors.