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Securities Licensing

Securities License Issues, Internal Investigations, Form U5 & Expungement

Every department at a brokerage or investment firm has an important and highly regulated role in the investment process when it comes to selling investment products. When any of those roles fails, the problem disproportionately falls on the “boots on the ground” members of the firm, rather than the policymakers. They alone have it reflected on their CRD/BrokerCheck. It can be career ending. Malecki Law’s New York U5 Expungement Lawyers represent select investment professionals who we believe deserve a chance to be heard.

U5 Expungement FAQs

Where can I bring my employment disputes in the securities industry?

You can file a claim with FINRA Arbitration or a complaint with a regulatory body (like the SEC or FINRA).

Who can I call as a witness in an employment dispute in the securities industry?

You can call nearly anyone employed by the brokerage or advisory firm as well as expert witnesses to testify on your behalf in the dispute.

Can I bring a case against my brokerage firm or RIA for wrongful termination, compensation issues, and my Form U5?

Yes, disputes involving compensation, clients, misconduct, false U5 disclosures, rules violations, among many others, are generally tried at FINRA or AAA, according to your contract..

Our securities regulatory and compliance lawyers will represent financial industry professionals regarding:

  • Day-to-Day Compliance
  • Transactional Issues
  • Operational Issues
  • Supervisory Issues
  • Employment Issues
  • Legal & Regulatory Developments
  • Supervisory Procedures and Compliance Manuals
  • Representative Training
  • FINRA Application, Amendment, and Continuation Issues
  • SRO Examination
  • Rules, Forms U-4, U-5, and Disclosure Reporting Pages (DRPs)

If you are under internal investigation or you have been put on administrative leave, you ought to be speaking to Malecki Law’s experienced New York U5 Expungement Lawyers and weighing your options. Do not wait until it is too late. Having a known securities lawyer at the start of an investigation, either behind the scenes or interacting with the firm’s lawyers, can help prevent worst case scenarios and help lead the discussions in a more positive fashion.

If an internal investigation goes badly, you will likely be terminated and have some type of unfavorable language on your Form U5. You need a seasoned securities lawyer to participate in those discussions with your firm’s in-house counsel. Once your Form U5 termination notice is marked, it will take a FINRA arbitration and likely a couple of years to sort it out. Malecki Law’s U5 Expungement Attorneys in New York City have vast experience arbitrating FINRA expungement actions involving employment language.

FINRA Rule 2080 sets out the bases for which expungement may be granted only after a hearing on the merits, i.e., a full FINRA arbitration hearing (Complaint, Answer, Discovery and Hearing – with notice to any customers and employers involved). Essentially, you need to prove that what is on the Form U5 is false, or does not involve you, and in good conscience must be removed. If you are successful and it involved a customer, you need to bring a state or federal action to confirm the expungement award, and have it removed from the Central Registration Depository (“CRD”) so that it comes off state databases and off FINRA’s BrokerCheck and/or the SEC’s Registration Database for Registered Investment Advisor that feeds through BrokerCheck, www.AdvisorInfo.SEC.Gov.

Malecki Law’s U5 Expungement Law Firm in NYC navigates the delicate balance that exists in expungement actions. A licensed professional must consider the regulatory impact of an expungement action. Will this open up issues with FINRA Enforcement? They must consider how to go about expungement. Do you try to expunge everything you do not agree with, or do you choose only those you know you can remove. There are pros and cons in the strategy decisions and FINRA arbitration awards, including expungement awards, are searchable and publicly available on FINRA’s website. Moreover, if a customer is involved, they require a court order to have them removed from the CRD/BrokerCheck database, another publicly available resource.

Whether you need help with transitioning to a new broker-dealer or protection from your current employer, our lawyers have your back. Malecki Law’s extensive record for securing favorable awards on behalf of our securities employees includes successful regulatory investigation coverage, numerous expungements, negotiated settlements, and more. From on-the-record interviews (a critical stage in the process for which a client needs to be prepared) to favorably negotiated settlements in cooperation with the regulatory body at issue, as well as fully litigated hearings and whistleblowing cases, each case takes its own course according to the clients’ needs and abilities.

Brokerage firms, large RIAs and regulators often take advantage of the weaker players in the system, the easy, low road, often letting most of the problem fall on the shoulders of individual professionals. What are often the systemic issues from higher up, usually result in nothing more than a mild reprimand from the regulators to the firm and a costly clean up by financial professionals – many of whom had to leave their chosen profession.

There is no designated seat at the FINRA table for representatives of the common broker. Firms and brokers are in distinct positions, and brokers have little to no voice in FINRA politics or the creation of policies and procedures. Malecki Law’s Securities Lawyers in Manhattan take pleasure in representing the underrepresented professionals in the securities industry that are on the right side of the rules.

When it comes to individuals, who do not have the money or even often the time and emotional ability to take on the SEC or FINRA, enforcement and discipline levy a heavy hand – usually always the front line professionals – without regard to the individual’s ability to pay, the amount of harm (if any), and the actual losses.

Small firms are put out of business. From a percentage of income and ability to pay basis, individual and small company/small firm compared to large firm fines represent an enormously higher percentage of income and assets. Why come down crushingly hard only on the retail professional, when it was the firm that created the mess – but is allowed to continue with business as usual? Because the SEC and FINRA know the large firms – who often sit on their board – have the money to fight, and FINRA and the SEC do not want to lose. You need to show the same resolve. Malecki Law’s lawyers aggressively represent you just as a firm is represented in these matters.


Testimonials From Former Clients
★★★★★
I highly recommend Jenice and her team at Malecki Law. I had a challenging, and lengthly case. Jenice was professional, very knowledgeable, and a pleasure to work with. She managed to make the process far less stressful during a very difficult time. They care about their clients, and it definitely shows. Mario
★★★★★
Jenice is truly a miracle worker and one of the top securities lawyers. She handled a very difficult case for us, displaying her legal knowledge, intelligence, and savviness throughout the process. I cannot recommend her enough. The quality of work from her team rivals that of corporate law firms. She was always available, extremely professional, and made sure to know all the details of the case. We were very fortunate to have been referred to Jenice and highly recommend her for any securities related legal issues. Nathan A.
★★★★★
An excellent professional who represented us in trial regarding a bank fraud, an unexpected and difficult time. A professional that worked hard, persevering and who stood toe to toe against firms that had a team of excellent lawyers backing them up. Her unflinching determination really stands out, it makes you feel you have someone who really cares about trying to recover what you lost from the people that wronged you. Salomon Levi
★★★★★
It is difficult to thank you in words when gratitude comes from the heart, so I will try to link feelings with writing. It is essential for us to mention your excellence as a professional, your aptitude on legal fields, and your unavoidable persistence. All of these virtues that elevate the profession you exercise in such an admirable way, go hand in hand with your sense of ethics, your human warmth and the transparency in your actions. To sum up, thank you for being a listening ear and for having the right word while transmitting information about the legal process. Having you as our representative during such an adverse situation was a privilege and enough reason for our eternal gratitude. Angeles Aparain
★★★★★
To say that my securities litigation was complex would be a severe understatement. With multiple parties involved and spanning many years, trying to understand the issues was daunting to say the least. Jenice and her team broke down the transactions by segment and by party uncovering every hidden expense. In the end, I was more than happy and could not thank Jenice and her team enough. I would not hesitate to recommend Jenice to anyone. She is highly professional, incredibly knowledgeable, well connected to industry experts, has a tireless work ethic and is so pleasant and easy to communicate with. Five stars for sure! Andrew Loughrane
★★★★★
Jenice was also special in giving us all the personal attention we needed, plus the tireless support of her crack team, over the course of ~18 mos. She talked us through every step of the way, and was open to discussing specific negotiation tactics, not glossing over anything. Dave Bliss
★★★★★
I recently worked with Jenice to negotiate a business buyout, and I couldn't be more pleased with the experience. From the start, Jenice was incredibly helpful and deeply invested in achieving the best possible outcome for me. Her expertise and dedication were evident in every step of the process. David
★★★★★
I can’t say enough about Jenice and her team- they set the standard. As an Army veteran, I deeply respect the values they reinforce while operating at a level of tenacity that is unmatched. They handled the entire process with empathy and kindness- yet were firm and honest regarding expectations and outcomes. Communication was clear and swift. Their breadth of knowledge and experience provided comfort during a stressful time and was impressive to watch unfold. I’m very happy with the outcome. Thank you Jenice and team for making giants seem extremely small. Sharron Todd
★★★★★
My experience with jenice was incredible. You want a lawyer who is advocate for you and fights for you with passion. She came along a time in my life that I needed an advocate who truly cared about me and my case. Highly recommend. Pat Brown
★★★★★
I had the privilege of working with Malecki Law, and I must say it was an outstanding experience. Jenice, Jacqueline, and Adam consistently demonstrated remarkable responsiveness, offering excellent advice that reflects their diligence and precision. Their bold and intelligent approach, combined with an excellent attitude, truly sets them apart. I highly recommend Malecki Law to anyone seeking top-notch legal assistance. Mohsen Chitsaz
★★★★★
Jenice Malecki, is one of the most helpful individuals Ive had the pleasure of speaking with. She is super knowledgeable. She helped me navigate the ever changing world of securities law. You will find her understanding of complex matters helpful and insightful. She is straightforward and candid. She makes your options easy to understand. I would recommend her without any hesitation. 10/5 stars! Enrique Tiburcio
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