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For FINRA, Unlike The SEC, Blaming The BD Always Seems To Be The Answer | Ulmer & Berne LLP


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FINRA Enforcement has often been accused (again, admittedly, by me, and not too infrequently) of going after the “low-hanging fruit,” that is, taking the easy case when it presents itself.  Putting aside the question whether this observation is accurate or not – for what it’s worth, I think the answer is that it is often, but not always, true – a recent case triggers a better, more nuanced question: does FINRA Enforcement sometimes bring the
wrong case, because it is easier?
Here is what made me think of this: a series of cases concerning a mutual fund called the LJM Preservation & Growth Fund (the “LJM Fund”).  You probably recall hearing about it.  The LJM Fund was a so-called “alternative” mutual fund.  Here is how FINRA defines that: ....

Anthony Caine , Anish Parvataneni , Preservation Growth Fund , Partners Ltd , Funds Management Ltd , Growth Fund , அந்தோணி கெய்ன் , ப்ரிஸர்வேஶந் வளர்ச்சி நிதி , கூட்டாளர்கள் லிமிடெட் , நிதி மேலாண்மை லிமிடெட் , வளர்ச்சி நிதி ,