FINRA’s Department of Enforcement initiated an investigation into McKinstry’s alleged misconduct. Specifically, FINRA investigated whether McKinstry recommended unsuitable investment recommendations and whether he entered into lending arrangements on behalf of 501(c)(3) charities. In connection with this investigation, FINRA sent McKinstry a request to provide on-the-record testimony pursuant to FINRA Rule 8210. According to FINRA, McKinstry acknowledged receipt of FINRA’s Rule 8210 request; yet he failed to cooperate with FINRA’s investigation.
Based upon the foregoing alleged misconduct, FINRA asserted McKinstry violated FINRA Rules 2010 and 8210. Specifically, 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, McKinstry failed to provide information in response to FINRA’s request, thereby violating FINRA Rule 8210.
Lufrano Law, LLC is a national securities litigation firm and has experience representing investors who have investment disputes with brokers and broker-dealers. If you suffered investment damages with McKinstry while employed by Moloney Securities, you may be able to recover your losses through FINRA arbitration. Our firm only receives a fee if you recover money. Please contact one of our attorneys at (800) 627-2179 to schedule a free consultation or complete our free case evaluator.