According to FINRA, NYPPEX LLC was suspended from FINRA membership for one year and fined $50,000, while Laurence Geoffrey Allen was barred from association with any FINRA member in all capacities, and Michael Joseph Schunk was fined $40,000.
The case centered on a critical regulatory failure: Allen continued to associate with the firm after becoming subject to a statutory disqualification, and the firm and Schunk allowed him to do so without filing the required Membership Continuance Application (MC-400). A New York State court had entered an order against Allen that enjoined him from violating securities fraud statutes and specifically prohibited him from activities related to the purchase or sale of securities. Despite being served with this order, Allen remained associated with the firm for more than one year, with the firm's and Schunk's knowledge and permission.
The findings also revealed that the firm and Allen published misleading statements on the internet that implied FINRA's endorsement of the firm's business practices. Additionally, they failed to provide complete responses to FINRA requests for documents and information, including bank statements and information about Allen's outside business activities and private securities transactions.
This case underscores the importance of statutory disqualification provisions in protecting investors. When a person becomes subject to a disqualification order, firms cannot simply ignore it—they must either terminate the person's association or seek special permission through the MC-400 process. Firms also have an obligation to cooperate fully with regulatory investigations by providing complete and timely responses to information requests. Investors should be aware that FINRA maintains public records of disciplinary actions, and any suggestion that FINRA endorses a particular firm's practices should be viewed with extreme skepticism.