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FINRA Fails To Identify Non-Traded REIT That Violated Reg. BI

Banks Law Office

In the complex world of financial regulation, transparency is paramount to maintaining trust and confidence in the market. Investors rely on regulatory bodies like FINRA (Financial Industry Regulatory Authority) to hold financial professionals accountable for any misconduct and to ensure a fair and transparent marketplace. However, a recent disciplinary action against a financial professional raises questions about the level of transparency provided, specifically concerning the non-traded REIT (Real Estate Investment Trust) involved.

In the case of Elba Margarita Nogueras, an AWC (Acceptance, Waiver, and Consent) was issued by FINRA, detailing her violation of the Care Obligation of Rule 15l-1 under the Exchange Act (Regulation Best Interest). While the regulatory body provided extensive information about the sanctions imposed, including a deferred fine, suspension, and disgorgement of commissions, it notably omitted the identification of the specific non-traded REIT at the center of the case.

The Call for Transparency

The argument for naming the non-traded REIT in such cases is rooted in the principles of transparency, investor awareness, and market integrity.

1. Transparency and Investor Awareness:

  • Investors have a right to know the details of past violations associated with specific securities.
  • Disclosure of the non-traded REIT’s name would contribute to transparency, allowing investors to make more informed decisions about similar investments.

2. Educational Value:

  • Knowledge about the specific non-traded REIT involved in the case would provide educational value.
  • Investors could gain insights into the potential risks and pitfalls associated with that particular investment, fostering a more educated investor base.

3. Deterrence and Accountability:

  • Naming the non-traded REIT could act as a deterrent to other financial professionals engaging in similar misconduct.
  • Holding the specific investment product accountable for any issues related to its marketing or sale contributes to accountability in the financial industry.

4. Market Integrity:

  • Identifying the non-traded REIT supports the overall integrity of the financial markets.
  • Investors and market participants may have more confidence in the regulatory process knowing that specific cases are thoroughly examined and disclosed.


In the quest for a fair and transparent financial marketplace, the disclosure of specific securities involved in regulatory actions becomes crucial. Providing investors with the complete picture empowers them to make informed decisions, fosters accountability within the industry, and upholds the integrity of financial markets. Striking the right balance between transparency and mitigating potential risks is the key to achieving a regulatory framework that truly serves the interests of investors and the broader financial community.

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