SEC DEFENSE

Can FINRA Lead to Criminal Charges?

April 1, 2026 1 minutes read By Todd Spodek, Esq.
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FINRA is a private self-regulatory organization that lacks authority to press federal criminal charges. However, FINRA investigations can lead to prosecution by the U.S. Attorney’s Office.

FINRA Sanctions

For individuals: censure, fines, suspension, expulsion (permanent industry ban), injunction, disgorgement, and restitution. Firms face identical categories.

Federal Criminal Charges

While FINRA cannot prosecute criminally, it refers cases to the SEC and DOJ. Serious violations can result in federal charges:

Insider Trading

Prohibited under 15 U.S.C. Section 78j, covering front running, spreading false information, quote rigging, churning, and marking the close.

Money Laundering

Prosecuted under 18 U.S.C. Section 1956 with penalties up to $500,000 in fines and 20 years imprisonment per transaction.

Securities Fraud

Under 18 U.S.C. Section 1348, a felony carrying substantial fines and up to 25 years imprisonment.

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