Stoltmann Law Offices has previously alerted consumers that their brokerage firms can be held responsible for theft in their brokerage, bank, or cryptocurrency accounts as a result of hacking. We have been successful in recovering these losses from brokerage firms for our clients. That is because the regulations are very clear on the supervision and compliance procedures that these firms must execute to protect their clients and their hard-earned savings.
FINRA Rule 3110 requires brokerage firms to establish and maintain a supervisory system to achieve compliance with applicable securities laws and regulations. Included in this supervisory system is the requirement to safeguard customer funds and securities and to inspect the “transmittals of funds (e.g., wires or checks, etc.) or securities from customers to third party accounts; from customer accounts to outside entities (e.g. banks, investment companies, etc.)…” (FINRA Rule 3110(c)(2)(A)).
Firms are further required to comply with the Gramm-Leach-Bliley Act Safeguards Rule (Regulation S-P) and the Identity Theft Red Flags Rule (Regulation S-ID). Pursuant to Regulation S-ID, this includes having an Identity Theft Prevention Program with procedures to identify, detect, and respond to red flags of identity theft. 17 CFR §248.201(d).