Investors should review the most recent regulatory actions on Dawson James’ record. You can see the full list of regulatory actions in their detailed BrokerCheck record.
Alleged Excessive Commissions
On April 6, 2021, Dawson James consented to the findings that the firm charged $7,083 in excessive commissions. The findings stated that the commissions ranged from 5% to 66% of the transactions. FINRA Rule 2121 identifies “the 5% policy” as a guideline, not a rule, to determine the fairness of markups. Commissions that cost more than 5% of the investment may be excessive. The rule accounts for the pattern of markups and any disclosures made to the customer regarding the price of the commission.
As part of the Acceptance, Waiver, and Consent agreement (AWC), the firm agreed to repay the $7,063 and to pay a $20,000 monetary fine.
Alleged Violations of “Do Not Call” Rule
FINRA Rule 3230 prohibits brokers from initiating phone calls to individuals on the Federal Trade Commission’s Do Not Call list. On February 7, 2017, FINRA alleged that Dawson James called at least 49 phone numbers that appeared on the national DNC list. According to an AWC, Dawson James consented to a censure and a $20,000 fine.
Research and Private Offering Allegations
In an Acceptance, Waiver, and Consent agreement dated February 2, 2017, FINRA alleged that from 2009 through 2016, Dawson James Securities had supervisory failures in two key areas: Research and private offerings.
Private Offerings
Dawson James allegedly participated in a “best efforts” offering in which the firm allegedly failed to confirm that bon-fide sales were used to calculate the minimum contingency requirement in the offering. The firm was allegedly unaware that the minimum had been met using sales made to insiders.
Research Reports
Dawson James allegedly did not make sufficient disclosures in its research reports. For instance, the firm allegedly did not sufficiently disclose its ownership of securities issued by the companies featured in its reports.
As part of the terms of the AWC, Dawson James consented to a censure and a total fine of $75,000.