When a registered representative receives a request from the Financial Industry Regulatory Authority (FINRA) under Rule 8210, it can be a scary and uncertain proposition. The response to FINRA’s 8210 Request is an extremely important document that will often determine whether FINRA ends and closes its inquiry, or takes the next step and refers it to the Department of Enforcement for further review and a presage to a possible enforcement action. What you say, how you say it and, in certain circumstances, what you determine not to say are all critical decisions that must be weighed (both in terms of the facts and applicable law) when formulating your truthful response. The decision on how to respond will lay the foundation for any future defense if the case is prosecuted. If the situation is not handled prudently and strategically at this early stage, you may be permanently prejudiced by your own words, no matter how well-intentioned and honest they may be.
In sum, a FINRA 8210 Request should not be cause for panic. Rather, it should be viewed as clear indication that it is the appropriate time to secure seasoned FINRA legal counsel to assist in the process to ensure that your legal rights and securities license are aggressively protected.
Godbout Law’s attorneys have represented clients both in responding to FINRA 8210 Requests and throughout the FINRA investigative process. We offer clients experienced and comprehensive counsel on their rights and obligations when facing a FINRA investigation.