Cody v. SEC, No. 11-2247 (1st Cir. 2012)Annotate this Case
Petitioner sought review of an administrative determination sustained by the Securities and Exchange Commission (SEC) that Petitioner mismanaged various brokerage accounts under his supervision. The original determination including sanctions was made by the Financial Industry Regulatory Authority (FINRA). The First Circuit Court of Appeals affirmed, holding, inter alia, (1) FINRA gave Petitioner the substance of due process as required by statute; (2) FINRA and the SEC did not err in finding that investments Petitioner made were unsuitable even though the investments ultimately turned a profit; (3) the findings against Petitioner were well supported; and (4) although one of the exhibits offered against Petitioner had errors, the exhibit's exclusion cured any potential error in the analysis.