I am a journalist and lawyer, currently host of a nationally syndicated radio talk
show. Before retiring in 2018 I spent 35 years in the successful practice of law
while also practicing the craft of journalism. I am a graduate of Harvard College
and the University of Michigan Law School, have been confirmed unanimously by
the United States Senate to be Deputy Director of the US Office of Personnel
Management, served as Assistant Counsel in the White House for President Reagan
and as Special Assistant to two Attorneys General as well as having been appointed
to two state wide boards in California and serving for 18 years on the Orange
County Children and Families Commission. I know the regulated world as a
regulator, as the regulated and as counsel to the regulated.
One of my closest friends is a former Marine Corps infantry officer who served 15
years of combined active and reserve duty. He is also an accomplished historian
and film maker. His primary calling has been as an investment advisor for almost as
long as I've been a lawyer. He's one the very best men I know as his dozens of
missionary trips to Southeast Asia would testify.
Several years ago, this man and his very large investment firm parted ways over
what I consider a misunderstanding about his firm's and industry's rules.
Thereafter, in 2017, FINRA fined him $15,000 and suspended him for four months.
For those of us who know him and the facts of the controversy, what FINRA did to
him was a travesty -- a genuine injustice and the consequences of every bad
tendency of bureaucracy I have observed over four decades in public service, the
law and media. If you spend 30 minutes on the matter you would agree. It shocks
my conscience what FINRA did here and I am not easily shocked. But it's just
regulators doing what regulators do: damaging lives while doing no discernible
good for anyone and a great deal of harm to his clients, of which I was and remain,
as do many members of my family. I cannot make it any clearer than this: He is
among the finest, most trustworthy people I know.
Stephen Kohn, a perfect stranger to my friend, learned about Richard's plight,
contacted him in 2017, and offered his help. Then a sitting member of FINRA's
National Adjudicatory Council, Stephen took the initiative on his behalf and urged
FINRA to reconsider his sanctions and fine. Given his extraordinary record of
charitable work and his military service, Stephen argued that the sanctions were an
injustice. Unfortunately, FINRA refused to do anything. Perhaps in consideration of
Stephen's advocacy on behalf of this individual, in 2017, his peers elected him to a
three-year term on FINRA's Board of Governors.
The other day, my friend called me to let me know that Stephen Kohn was running
for re-election as the 2020 FINRA Small Firm Governor. I remembered Stephen as
someone who put everything aside to help a Marine in need. I remember that
Stephen didn't even know my friend when he took on a stranger's case and fought
the good fight. In these dire times, we need more folks like Stephen in all sorts of
leading roles in our country. Certainly, FINRA will benefit from having such a class
act on its Board. Far too often bureaucratic machines simply grind up the small
matters that come their way. "Captured" agencies often serve only the largest
interests in the areas they are charged with patrolling. I still believe that is what
happened to my friend and thus I whole heartedly supported Stephen's first
candidacy. I was not involved in the controversy but saw first hand how your
industry very much needs proponents of justice for every broker and advisor, not
just big banks or houses.
For what it's worth, I whole-heartedly endorse Stephen Kohn's candidacy for the
2020 FINRA Small Firm Governor, and I urge everyone able to cast a vote, to vote
for him.