According to FINRA, Richard Marion Blosser was barred from association with any FINRA member in all capacities after refusing to appear for on-the-record testimony in FINRA's investigation into his trading in customer accounts and his firm's supervision of such activity.
FINRA's investigation concerned Blosser's trading practices in customer accounts, specifically his purchasing and selling of preferred stock and closed-end funds. These types of securities have specific characteristics that may make them suitable or unsuitable for different investors. Preferred stocks typically offer fixed dividend payments but limited price appreciation potential, while closed-end funds trade on exchanges and can trade at premiums or discounts to their net asset values. The suitability of these investments depends heavily on individual customer circumstances.
The investigation also encompassed the firm's supervision of Blosser's activities - examining whether the firm had adequate supervisory systems in place to oversee his trading recommendations and ensure they were appropriate for customers. Effective supervision is a critical safeguard that helps prevent unsuitable recommendations and excessive trading.
By refusing to provide testimony, Blosser violated his obligation to cooperate with FINRA's investigation. This cooperation requirement is fundamental to securities regulation. Registered representatives and other associated persons must assist regulators in investigating potential misconduct. Without the ability to compel testimony, FINRA would be unable to effectively investigate complaints and protect investors.
Blosser's refusal prevented FINRA from fully examining his trading practices and determining whether customers received suitable recommendations. It also prevented investigation into whether his firm properly supervised his activities. The permanent bar imposed on Blosser reflects the seriousness of obstructing regulatory investigations.
For investors, this case highlights several important points. First, it demonstrates that FINRA actively investigates trading patterns that may harm investors. Second, it shows that regulators examine not just individual broker conduct but also firm supervision. Finally, it underscores that refusal to cooperate with investigations results in the most severe sanctions. Investors should be reassured that FINRA has tools to investigate potential misconduct and is willing to permanently bar individuals who obstruct those investigations.