SEC专员反对监管机构对Oppenheimer的宽大处理，尽管违规

SEC Commissioners Luis Aguilar and Kara Stein, both Democrats, say that they were among those that voted to grantOppenheimer & Co. (OPY)special benefits even after the brokerage firm committed rules violations. It was just last month that the broker-dealer consented to pay a $20 million penalty while admitting to failures and resolving charges related to its failure to detect money laundering.

In that case, also settle with the Financial Crimes Enforcement Network, the firm did not properly identify and report suspicious penny stock trades, even though numerous Oppenheimer customers reportedly were involved in such activities. The broker-dealer admitted that it failed to establish a suitable anti-money laundering program and did not perform proper due diligence on a foreign correspondent account.

然而，监管机构推翻了本应违反的自动取消资格。当SEC主席玛丽·乔·怀特（Mary Jo White）和其他两名成员（均为共和党人）超过民主党成员时，发生这种情况。现在，Oppenheimer被允许继续向富人出售对冲资金。作为宽大处理条件的一部分，经纪交易商将保留一家律师事务所和顾问，以确保其程序和政策符合规定。

Aguilar and Stein said they were in opposition because they believe that Oppenheimer’s compliance culture is a ‘failed” one and that such a waiver was not deserved. They said that the SEC was disregarding the brokerage firm’s repeated securities law violations that have occurred over the years and exhibited too much leniency. They pointed out that even with the hiring of consultants in the past to report on remediation efforts, not much progress appears to have been made.

Typically, the Commission will grant waivers allowing firms to keep doing normal business, if this is considered in the best interests at the public.The Wall Street Journalpoints out that had the firm been deemed a “bad actor” this would have limited its ability to sell private fund investments for five years. Sans waiver, firms that violate specific securities laws are instantly restricted from taking part in private offerings.

然而，奥本海默恳求其案子。根据Law360的说法，经纪交易商给SEC的公司财政部发了一封信，认为不保证坏演员禁令。该公司认为，最新的执法行动与以前的证券交易无关，并且酒吧会伤害经纪公司和客户。bob200体育在Stein和Aguilar发表的异议之后，该经纪公司承诺保留一家“完全独立”的律师事务所，以执行规则506的合规性检查。

An Oppenheimer spokesperson said that moving forward, the firm is committed to put into place a robust compliance infrastructure.

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SEC Commissioners Blast Decision Not To DQ Oppenheimer, Law 360, February 4, 2015

SEC Turned ‘Blind Eye’ to Oppenheimer’s Failures, Democrats Say, The Wall Street Journal, February 4, 2015

More Blog Posts:
Oppenheimer to Pay $20M Settlement to the SEC and FinCEN Over Penny Stock Violations, Stockbroker Fraud Blog, January 28, 2015

SEC Sanctions UBS, Charles Swab, Oppenheimer, & 10 Other Firms For Improper Sales of Puerto Rico Junk Bonds，股票经纪人欺诈博客，2014年11月3日

Ex-Oppenheimer Fund Manager to Pay $100K To Settle Private Equity Fund Fraud Charges, Institutional Investor Securities Blog, January 25, 2014