According to FINRA, Michael Philip Capolongo (CRD #5702165), a registered representative based in Bethpage, New York, was barred from the securities industry effective January 9, 2024, for failure to provide information or keep information current pursuant to FINRA Rule 9552(h). The associated FINRA Case number is 2021073144301.
FINRA Rule 9552(h) authorizes FINRA to permanently bar individuals from the securities industry when they fail to respond to requests for information during regulatory investigations. This rule exists because FINRA's effectiveness as a self-regulatory organization depends entirely on the willingness of registered individuals to cooperate with investigations and examinations. Without such cooperation, potential misconduct could go undetected and investors could remain at risk.
The case number associated with Capolongo's bar, 2021073144301, suggests that the underlying investigation may have originated as far back as 2021. The length of time between the initiation of the investigation and the imposition of the bar is not uncommon. FINRA typically provides individuals with multiple opportunities to respond to information requests before resorting to expedited proceedings under Rule 9552. The fact that Capolongo was ultimately barred indicates that he did not avail himself of those opportunities.
When a registered representative is barred under Rule 9552(h), it is important to understand that the bar is based on the failure to cooperate, not necessarily on a finding of the underlying misconduct being investigated. However, the refusal to provide information often raises significant concerns about what the individual may be attempting to hide. Courts and regulators have long recognized that the obligation to cooperate with regulatory investigations is a cornerstone of investor protection in the securities industry.
For investors who may have worked with Michael Philip Capolongo, this bar means he is permanently prohibited from associating with any FINRA member firm. Investors should be aware that if any individual who has been barred by FINRA attempts to sell securities or provide investment advice, that activity is unauthorized and potentially illegal. Investors are encouraged to always verify the registration status of anyone offering investment advice or services by using FINRA's BrokerCheck tool, which is available free of charge online. Staying informed about the disciplinary history of financial professionals is one of the most effective steps investors can take to protect their assets.