According to FINRA, Roger Albert Taft Gallagher has been barred from association with any FINRA member firm in all capacities for refusing to provide documents, information, and on-the-record testimony requested by FINRA.
The investigation concerned, among other things, the allegations in a criminal indictment filed against Gallagher. While FINRA did not specify the nature of the criminal charges, the existence of a criminal indictment indicates that a grand jury found sufficient evidence to bring formal charges.
FINRA's investigation of registered representatives facing criminal charges is an important part of investor protection. Even when criminal proceedings are ongoing, FINRA has independent authority to investigate and take action to protect investors. By refusing to cooperate, Gallagher has been permanently barred from the securities industry.
Registered representatives have an obligation to cooperate with FINRA investigations regardless of any parallel criminal or civil proceedings. While individuals have constitutional rights in criminal proceedings, the regulatory framework requires cooperation with industry regulators as a condition of industry participation.
What Investors Can Learn: Investors should regularly check their broker's record through FINRA BrokerCheck, which discloses criminal charges and proceedings. The presence of criminal charges is a serious red flag that warrants careful consideration when deciding whether to continue a business relationship with a financial professional.