May 14, 2010
I support the adoption and implementation of FINRA's proposed rule change, File Number SR-FINRA-2010-014.
The 'inability-to-pay defense' should be eliminated. The proposed rule change is consistent with the overarching principle that FINRAs rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest.
The ability to work in the securities industry carries with it, among other things, an obligation to comply with the federal securities laws, FINRA rules, and orders imposed by the disciplinary and arbitration processes. Members, their EO insurance carriers and associated persons which fail to pay legitimate arbitration awards to successful claimants should not be allowed to conduct business in the securities industry by relying on the inability-to-pay defense or cleverly crafted limitations on claim payment.