Securities Compliance and Enforcement Defense

As those within the securities industry know all too well, the industry is subject to a great deal of regulation and regulatory oversight. Investment professionals and their firms can face scrutiny from the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority, or state securities regulators. Before responding to any inquiry, it is vital for industry members to know and understand the legal and regulatory issues they may be facing.

GGB can guide its clients through all manner of regulatory investigations or enforcement actions. The firm defends clients from a wide variety of alleged FINRA Conduct Rule violations, including:

• Sales practice violations
• Selling away
• Outside business activities
• Transactions by or for associated persons
• Unregistered securities
• Recordkeeping issues
• Forgery or falsification of records
• Branch office issues

The firm also represents targets of SEC and state investigations and enforcement actions. What may appear to initially be an “informal” inquiry can often turn into a serious enforcement proceeding, or even a criminal investigation. GGB can assist its clients through all stages of the process—from a request for documents or testimony, to the filing of a Wells submission, all the way through an administrative or court proceeding, civil or criminal, if it becomes necessary.

GGB can also proactively assist registered investment advisor (RIA) clients with their compliance programs to ensure that any regulatory inquiries are kept to a minimum. These services include:

• Formation of the RIA business entity
• Registration of principals
• Completion of Form ADV, Parts I and II
• Drafting or revising Compliance Manuals, Codes of Ethics, and other necessary compliance documents
• Creating form advisory services contracts
• Continuing advice and monitoring of the RIA firm’s compliance program
• Updating and revising RIA firm documentation to reflect the ever-changing nature of securities regulations

The firm can also address any specific compliance or regulatory issues that an RIA client may encounter, such as dealing with SEC audits or inquiries.