Sharemaster v. USSEC
Filing
FILED OPINION (CONSUELO M. CALLAHAN, N. RANDY SMITH and JED S. RAKOFF) Sharemaster s pro se petition for review is GRANTED. Each side shall bear its own costs of this appeal. Judge: CMC Authoring, Judge: NRS Concurring & dissenting. FILED AND ENTERED JUDGMENT. [10299305]
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 1 of 11
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FINRA Manual:
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FINRA Manual
Corporate Organization
FINRA Rules
0100. GENERAL
STANDARDS
1000. MEMBER
APPLICATION AND
ASSOCIATED PERSON
REGISTRATION
2000. DUTIES AND
CONFLICTS
3000. SUPERVISION AND
RESPONSIBILITIES
RELATING TO
ASSOCIATED PERSONS
4000. FINANCIAL AND
OPERATIONAL RULES
5000. SECURITIES
OFFERING AND TRADING
STANDARDS AND
PRACTICES
6000. QUOTATION AND
TRANSACTION
REPORTING FACILITIES
7000. CLEARING,
TRANSACTION AND
ORDER DATA
REQUIREMENTS, AND
FACILITY CHARGES
8000. INVESTIGATIONS
AND SANCTIONS
8100. GENERAL
PROVISIONS
8200. INVESTIGATIONS
8300. SANCTIONS
8310. Sanctions for
Violation of the Rules
8311. Effect of a
Suspension,
Revocation,
Cancellation, Bar or
Other Disqualification
8312. FINRA
BrokerCheck
Disclosure
8313. Release of
Disciplinary
Complaints, Decisions
and Other Information
8320. Payment of Fines,
Other Monetary
Sanctions, or Costs;
Summary Action for
Failure to Pay
8330. Costs of
Proceedings
9000. CODE OF
PROCEDURE
10000. CODE OF
ARBITRATION
PROCEDURE
11000. UNIFORM
PRACTICE CODE
12000. CODE OF
ARBITRATION
PROCEDURE FOR
CUSTOMER DISPUTES
13000. CODE OF
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Location: FINRA Manual > FINRA Rules > 8000. INVESTIGATIONS AND SANCTIONS > 8300. SANCTIONS > 8310. Sanctions for Violation of the Rules
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8310. Sanctions for Violation of the Rules
Notices
(8 links)
View whole section
(a) Imposition of Sanction
After compliance with the Rule 9000 Series, FINRA may impose one or more of the following sanctions on a member or person associated
with a member for each violation of the federal securities laws, rules or regulations thereunder, the rules of the Municipal Securities Rulemaking
Board, or FINRA rules, or may impose one or more of the following sanctions on a member or person associated with a member for any neglect or
refusal to comply with an order, direction, or decision issued under the FINRA rules:
(1) censure a member or person associated with a member;
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t
a
mas an revoke or cancel the registration of a person associated with a member;
(4) expel a member, cancel the are
membership of a member, oru
J
Sh
n with a member from association with all members;
in
do
(5) suspended a member or person associated
Citaor bar arpermanente and desist order against a member or a person associated with a member; or
chiv cease
(6) impose temporary or
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(7) impose any other fitting sanction.
1
No.Assent to Sanction
(b)
(2) impose a fine upon a member or person associated with a member;
(3) suspend the membership of a member or suspend the registration of a person associated with a member for a definite period or a
period contingent on the performance of a particular act;
Each party to a proceeding resulting in a sanction shall be deemed to have assented to the imposition of the sanction unless such party files a
written application for appeal, review, or relief pursuant to the Rule 9000 Series.
Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008.
Amended by SR-NASD-98-80 eff. June 23, 2003.
Amended by SR-NASD-97-81 eff. Jan. 16, 1998.
Amended by SR-NASD-97-28 eff. Aug. 7, 1997.
Amended by SR-NASD-95-39 eff. Oct. 10, 1996.
Amended eff. Sept. 1, 1969; July 9, 1984; May 27, 1988; Aug. 16, 1988; Nov. 1, 1991; Apr. 15,
1992.
Selected Notice: 87-22, 88-75, 91-19, 91-52, 92-31, 96-28, 03-35, 08-57.
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Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 2 of 11
ARBITRATION
PROCEDURE FOR
INDUSTRY DISPUTES
14000. CODE OF
MEDIATION PROCEDURE
Capital Acquisition Broker Rules
Funding Portal Rules
NASD Rules
Immediately Effective Rule
Changes Pending SEC
Notification
Recently Approved Rule
Changes Pending Determination
of Effective Date
Incorporated NYSE Rules
Incorporated NYSE Rule
Interpretations
Retired Rules
Notices
Immediately Effective Rule
Changes Pending Issuance of a
Regulatory Notice
Archive
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Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 3 of 11
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Arbitration and Mediation
Locations & Contacts
Dispute Resolution Regional Offices and Hearing Locations
Southeast Regional Office Guide
FINRA Dispute Resolution
5200 Town Center Circle
Tower 1, 2nd Floor
Boca Raton, Florida 33486
(561) 416-0277
Fax: (301) 527-4868
Email
FINRA Dispute Resolution Office Information
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Conference and Hearing Rooms
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The Florida Office of Dispute Resolution has 4 conference rooms available with the following capacity:
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Hearing Rooms
Maximum Capacity
N
1
12
2
14
3
20
4
20
1R Mediation Room
8
Please check in advance for availability if you will need special equipment like: videoconferencing, speakerphone, telephone
extension, dry ink board, easel, TV, VCR, or overhead projector.
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 4 of 11
Courier/Overnight Services:
Drop box located in building lobby
or
Call for pick-up:
Federal Express: (800) 463-3339
UPS: (800) 742-5877
or
Courier Express, Boca Raton: (561) 483-5894
Duplication of Audio Files: If the hearing was recorded using a digital recorder, parties may request an audio recording of the
hearings on CD at no charge. If the hearing was recorded on cassette tapes, FINRA uses the services of G&L Transcription, Inc.—
(561) 998-1981—for duplication of tapes. G&L Transcription, Inc., which charges a duplication fee of $15.00 per tape, will contact
you directly in order to make arrangements for payment and delivery of tapes. To order duplication of your audio record, please fax
your request in writing to the FINRA Dispute Resolution case administrator handling your case at (301) 527-4868.
Emergency Procedures: In the event of an emergency, please contact a staff member immediately. The staff is familiar with
emergency procedures and are ready to assist you. If an emergency occurs after hours and there is no staff available, please
contact building security at (561) 251-1107.
To reach a 911 emergency operator, please use any phone and dial 911. Please note there is no prefix number used to reach an
outside line; just dial 911.
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er v. mayy 31, 20 free of charge. All incoming
Faxing: The general office fax number is (301) 527-4868. As a courtesy,tvisitors
receive faxes
as
nuar
arem n Jaassigned to the hearing. If you are expecting a fax,
faxes must be clearly marked with the visitor’s name and Shconference room
the
in
ed o
please notify the receptionist. You may retrieveited in the reception area. In order to avoid interruptions to the arbitration or
faxes
C
rchivThe cost for sending a fax from our office is $.50 per page.
9a
mediation, we will not deliver the faxes to the conference rooms.
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13No.
Off-Site Copying Service: Printco is located at 1307 West Palmetto Park Road, Boca Raton, FL 33486, (561) 395-0072.
Office Hours: The Florida Dispute Resolution Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. After 6:00 p.m.,
access to the floor will be restricted to those individuals who have security cards. If you will need access to the suite after 6:00 p.m.,
please contact any of our staff members in advance to arrange for after-hours access.
On-Site Copy Machine: Located to the right of the reception area.
Reception Area: All parties are to remain in the reception area until the commencement of the hearing. All witnesses are to remain
in the reception area until a panel member advises otherwise. (Do not knock on the hearing door, you will be called in.)
Storage of Materials: Arrangements must be made with the FINRA Dispute Resolution case administrator to leave any materials
overnight in the conference room; however, there are no locks on the conference room doors so FINRA Dispute Resolution
assumes no responsibility for loss and or theft of exhibits left overnight. Due to space constraints, please do not ship
documents/exhibits to FINRA Dispute Resolution in advance of a hearing. Parties must make arrangements for pick-up or shipment
of materials following conclusion of a hearing or dates of hearing. FINRA Dispute Resolution staff will not be responsible for
arranging shipment or transfer of documents to another location.
Telephone Usage: Telephones are available for local phone calls in the telephone rooms located to the right of the reception area.
To access an outside line dial "9" and the area code and phone number. Long distance calls need to be placed with a calling card
through the receptionist.
Transcription Service: To order transcripts from your hearing tapes, please fax your request in writing to the FINRA Dispute
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 5 of 11
Resolution case administrator handling your case at (301) 527-4868. G&L Transcription Inc. (561) 998-1981 – is our off-site contact
for hearing transcripts ($4.50 per page). G&L Transcription, Inc will contact you directly in order to make arrangements for payment
and delivery of transcripts.
Wireless Internet Access: The Southeast Regional Office offers wireless Internet access to visitors. There is no cost to connect to
the FINRA Guest Wireless Local Area Network. To use this service, visitors will need a laptop or mobile device that has Wireless
Local Area Network capabilities. Also, a Web browser must be installed on the device. Visitors will be required to accept the FINRA
Guest Wireless Local Area Network Terms and Conditions. Please be aware that the FINRA service provides unencrypted access to
the public Internet. Accordingly, you may wish to use your company’s VPN or encryption software for sensitive traffic and/or remote
connectivity to your enterprise network.
To obtain access to the FINRA Guest Wireless Local Area Network, please speak with the regional office’s receptionist, who will
process your request for access and provide you with the necessary credentials to connect to the network, including a user ID and
password.
Witness Waiting Area: A witness waiting area is provided.
Hotels (within walking distance of the Florida FINRA Dispute Resolution Regional Office or close by):
Walking Distance:
Marriott Hotel – (561) 392-4600
Short Driving Distance:
Marriott Courtyard Hotel – (561) 241-7070
Renaissance – (561) 368-5252
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an
Food (within walking distance of the Florida FINRA Disputeh
in S Resolutionon J Office):
d
Cited archive
Brio's Tuscan Grill
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No.
McDonald's
Wyndham Hotel Boca Raton – (561) 368-5200
Morton's Steakhouse
Panera Bread
Rocco's Taco
Joseph's Market
Sushi Ray
Uncle Tai's
INDUSTRY PROFESSIONALS
ABOUT FINRA
Oversight
Rules & Guidance
Leadership
Locations
Securities Helpline for Seniors®
844-574-3577 (Monday to Friday 9-5 ET)
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 6 of 11
Careers
Contact
Registration & Qualification
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ARBITRATION & MEDIATION
Overview
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Information for Arbitrators
Information for Mediators
News Releases
Speeches & Testimony
Statistics & Data
In the Media
Social Media
File a complaint about fraud or unfair practices.
Whistleblower Tip-Line
866-96-FINRA or whistleblower@finra.org
Office of the Ombudsman
INVESTORS
Prepare to Invest
Products & Professionals
Protect Your Money
Have a Problem?
Tools & Calculators
I Want To...
Investor Alerts
SaveAndInvest.org
FINRA Foundation
Investor Complaint Center
Report a concern about FINRA.
File a Regulatory Tip
To report on abuse or fraud in the industry.
Contact FINRA
(301) 590-6500
17
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©2017 FINRA.
All rights reserved. FINRA is a registered trademark of the Financial Industry Regulatory Authority, Inc.
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 7 of 11
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Federal Court Reporting Program
Federal court reporters record proceedings and produce transcripts of court proceedings.
The Court Reporter Statute, 28 U.S.C. § 753
sets forth the proceedings to be recorded including:
1. all proceedings in criminal cases had in open court;
2. all proceedings in other cases had in open court unless the parties with the approval of the judge shall
agree specifically to the contrary; and
3. such other proceedings as a judge of the court may direct or.as EC be required by rule or order of
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court as may be requested by any party to the proceeding. ua
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By law, each session of court and every proceeding designated by rule or order of the court or by one of
199
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the judges shall be recorded verbatim by
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equipment. The method of recording may be elected by the district judge.
Transcripts
One of the primary responsibilities of the court reporter is to provide a written transcript of court
proceedings upon the request of a party or order of court. Written transcripts are prepared within the
Judicial Conference’s guidelines on page format, page rates, and delivery schedules. The transcripts of
proceedings recorded by electronic sound recording equipment are produced by private transcription
services designated by the court to transcribe federal court proceedings.
The court reporters and transcribers may charge and collect fees for transcripts requested by the parties,
including the United States. The fee schedule should be posted prominently in the district court clerk’s
office or available on a court’s web site. When a transcript is ordered, the first party to order it pays the
original transcript rate, and subsequent requesters pay a copy rate (see Maximum Transcript Rates). When
a court reporter or transcriber delivers the original transcript to the ordering party, the court reporter or
transcriber is also required to file a certified electronic copy to the clerk of court.
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 8 of 11
The Judicial Conference has made it explicit that official court reporters may charge only copy fees for
transcripts provided to parties when the original transcript was produced at the request of a judge.
The Judicial Conference approved a policy regarding the availability of transcripts of court proceedings filed
with the clerk of court in electronic format. A transcript provided to a court by a court reporter or transcriber
will be available at the office of the clerk of court for inspection only, for a period of 90 days (unless
extended by the court) after it is delivered to the clerk. During the 90-day period:
a copy of the transcript may be obtained from the court reporter or transcriber at the rate established
by the Judicial Conference;
the transcript will be available within the court for internal use; and
an attorney who obtains the transcript from the court reporter or transcriber may obtain remote
electronic access to the transcript through the court’s Case Management/ Electronic Case Files
(CM/ECF) system for purposes of creating hyperlinks to the transcript in court filings and for other
purposes.
During the 90-day period (which may be extended by the court), access to the transcript in CM/ECF is
restricted to court staff, public terminal users, attorneys of record or parties who have purchased the
transcript from the court reporter/transcriber, and other persons as directed by the court (e.g., appellate
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attorneys). Also, during this time, parties may redact personalridentifiers. After01790-day period has
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st copying
ended, the filed transcript will be available for inspectiona
arem andJanua in the clerk’s office and for download
Sh
on
from the court’s CM/ECF system through the judiciary’s PACER system.
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Contract
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CourtNReporter Services
Under the Court Reporter Statute, the district courts may contract for court reporting services when
necessary. Contract court reporters should be administered an oath for recording court proceedings.
Maximum Transcript Rates*
TRANSCRIPTS
ORIGINAL
FIRST
COPY
TO
EACH
PARTY
EACH
ADDITIONAL
COPY TO
THE SAME
PARTY
Ordinary Transcript (30 day)
A transcript to be delivered within thirty (30)
calendar days after receipt of an order.
$3.65
$.90
$.60
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 9 of 11
14-Day Transcript
$4.25
$.90
$.60
A transcript to be delivered within fourteen (14)
calendar days after receipt of an order.
Expedited Transcript (7 day)
A transcript to be delivered within seven (7)
calendar days after receipt of an order.
$4.85
$.90
$.60
Daily Transcript
A transcript to be delivered following adjournment
and prior to the normal opening hour of the court
on the following morning whether or not it
actually is a court day.
$6.05
$1.20
$.90
Hourly Transcript
A transcript of proceedings ordered under
unusual circumstances to be delivered within two
(2) hours.
$7.25
$1.20
$.90
Realtime Transcript
One feed, 1$3.05 per
7
EC
A draft unedited transcript produced by a certified page; er v. S feeds, 01
two-to-four 1, 2
ast page;y 3
realtime reporter as a byproduct of realtime to hare$2.10 per nuar five or
be m
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delivered electronically during proceedings or hived o feeds, $1.50 per
more
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immediately following adjournment. 3199
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*Each court may adopt a schedule of transcript fee rates subject to the maximum rates established by the
Judicial Conference.
1
A realtime "feed" is the electronic data flow from the court reporter to the computer of each person or party
ordering and receiving the realtime transcription in the courtroom.
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National Court Reporter Associations
National Court Reporters Association
National Verbatim Reporters Association
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 10 of 11
United States Court Reporters Association
Video
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Learn about how a court reporter supports the judiciary.
Related Content
Court Reporting Guidance
This guidance addresses the use of court reporting and electronic sound recording methods in keeping the record in
the federal courts.
Case: 13-73199, 02/02/2017, ID: 10299305, DktEntry: 46-2, Page 11 of 11
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