According to FINRA, Traderfield Securities Inc. and Mario Divita were sanctioned for failing to establish and maintain an adequate supervisory system regarding outside business activities. The firm was fined $75,000 jointly with Divita, and Divita was suspended from any principal capacity for six months.
The case centered on two registered representatives who were engaged in outside activities involving investment funds and private placement offerings. These representatives owned and managed investment funds that raised $60 million from over 200 individual investors. While the representatives presented these activities as outside business activities to the firm and Divita, neither conducted proper due diligence to determine whether they should be treated as outside securities activities.
FINRA found that the firm and Divita failed to evaluate whether these activities should be restricted, prohibited, or recorded on the firm's books and records. The firm's written supervisory procedures did not reference or require compliance with FINRA Rule 3270.01 or the factors listed there.
Investors should understand that brokerage firms have a responsibility to properly supervise their registered representatives' outside activities, especially when those activities involve investment-related business. When firms fail to maintain adequate supervisory systems, it can expose investors to unauthorized or unsuitable investment schemes. This case demonstrates the importance of firms conducting thorough evaluations of representatives' outside activities to determine their true nature and potential conflicts of interest. The substantial amount raised ($60 million from over 200 investors) underscores the significant risk that inadequate supervision can pose to the investing public.