Securities Litigation Attorney in New York, New York

What evidence is necessary to prove a failure to supervise claim?

More In This Category

View Transcript

so interestingly in a failure to
supervise what you really need to look
for are those exception reports those
notes of supervisory and compliance
professionals reviewing the account and
in a way the best failure to supervise
cases involve a lack of that type of
documentation nobody’s watching the
store nobody’s reviewing the conduct of
the broker or the trader or whomever
engaged in the wrongdoing you know what
branch Audits and examinations occurred
how often was the book discussed with
the supervisor or the compliance
professionals what policies procedures
and training do they have to ensure that
the type of conduct that occurred
doesn’t happen and so you’re looking for
policies and maybe the absence of
following those policies and the absence
of the reports necessary to find the
wrongful conduct

New York, NY securities attorney Jenice L. Malecki talks about what evidence is necessary to prove a failure to supervise claim. She notes that in cases of failure to supervise, the focus is often on exception reports—records prepared by supervisory and compliance professionals reviewing accounts. The strongest failure-to-supervise cases typically reveal a lack of such documentation, indicating that no one was actively monitoring the conduct of brokers, traders, or other individuals involved in wrongdoing. Key considerations include the frequency of branch audits and examinations, how often accounts were discussed with supervisors or compliance personnel, and the policies, procedures, and training in place to prevent misconduct. She emphasizes that both the presence of inadequate policies and the absence of proper reporting can be critical in identifying and establishing supervisory failures.

More Videos From This Lawyer