In January 2015, FINRA’s Department of Enforcement initiated an investigation into Retzke’s business dealings to ascertain whether he engaged in unapproved private securities offerings “away” from Edward Jones. In connection with this investigation, FINRA sent Retzke a request for documents and information on or before January 30, 2015. According to FINRA, Retzke acknowledged receipt of FINRA's Rule 8210 request and informed staff he would not cooperate with FINRA’s investigation.
FINRA Rule 8210 authorizes FINRA, in the course of its investigations, to require persons associated with a FINRA member to “provide information orally, in writing, or electronically . . . with respect to any matter involved in the investigation...” Here, Retzke failed to provide information and documents in response to FINRA’s request, thereby violating FINRA Rule 8210. FINRA has very little tolerance for uncooperative members and promptly barred Fackrell from the financial industry.
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