Dealer (2021)

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Yahaira Petrov

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Aug 4, 2024, 5:27:52 PM8/4/24
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ButI believe more is required. Because despite all of the strong enforcement actions the SEC has brought over the years and despite all the speeches that SEC Chairs, Commissioners, Enforcement Directors, and others have given at events like this one, the types of behavior described in the headlines I read to you persist, and as a result, a significant part of the public continues to feel that our markets are essentially a game that is rigged against them. [9]

You should be thinking, instead, about modeling excellence in your compliance efforts, as you do in your performance. This means that firms need to think rigorously about how their specific business models and products interact with both emerging risks and Enforcement priorities, and tailor their compliance practices and policies accordingly. For example, with respect to Reg BI, firms should recognize that the new regime draws upon key fiduciary principles, and is intended to enhance previous broker-dealer standards of conduct significantly beyond the suitability obligation.[11] Armed with this recognition, firms should then give their registered representatives the tools and information that will enable them to identify, disclose, and mitigate conflicts prohibited under Reg BI.


Unfortunately, this is not an isolated example. We continue to see in multiple investigations instances where one party or firm that used off-channel communications has preserved and produced them, while the other has not. Not only do these failures delay and obstruct investigations, they raise broader accountability, integrity and spoliation issues.


A proactive compliance approach requires market participants to not wait for an enforcement action to put in place appropriate policies and procedures to preserve these communications and anticipate these emerging challenges. Listen, many of these are not even new technological advances. After all, my 75 year-old mother has been texting my 13-year-old daughter for years, and I am certain many in this room have sent or received professional communications on personal devices or unofficial communications channels. You need to be actively thinking about and addressing the many compliance issues raised by the increased use of personal devices, new communications channels, and other technological developments like ephemeral apps.


One last thing on cooperation. If you think you deserve credit, and the staff disagrees, I encourage you take a hard, objective look at your conduct during the investigation before trying to convince me the staff is wrong. As someone who has served as a federal prosecutor, local prosecutor, and state Attorney General, I firmly believe that frontline staff are best-positioned to assess cooperation with the investigations they conduct. They know the record and they know whether you meaningfully benefited those investigations. I respect their experience and will not only seek their input on decisions, but will also generally defer to their expertise and judgment. At the same time, I will not look favorably on attempts to make an end run around staff to present the same, undisputed facts about your conduct to me in hopes of a more sympathetic ear.


Similarly, you should understand that we have a close relationship with our colleagues in EXAMS. If a party or its counsel engage in dilatory or obstructive tactics in an examination that gives rise to a referral, I will take a dim view of arguments that you deserve credit for cooperation with the ensuing enforcement investigation. As I said earlier, a key consideration in weighing cooperation is whether it conserves Commission resources, and this goes for those of our colleagues across the Commission.


Finally, I want to discuss the third step in our shared mission. This one applies when the first two steps have not worked. In that scenario, all of our enforcement tools are on the table, including monetary penalties.


And central to deterrence is proportionality. The worse the conduct, the more strongly we want to disincentivize market participants from engaging in it. We must design penalties that actually deter and reduce violations, and are not seen as an acceptable cost of doing business.


Similarly, one factor that has long weighed in our penalty assessments is the recidivism of the specific offender.[25] When a firm repeatedly violates our laws or rules, they should expect to be penalized more harshly than a first-time offender might be for the same conduct. This is the essence of specific deterrence.


I am confident that by engaging in proactive compliance and meaningful cooperation, and, where necessary, imposing significant, but appropriate penalties, through our enforcement efforts, we will not only reinforce market integrity, but also enhance public confidence in our markets. I look forward to working with all of you in achieving this, our shared mission.


[16] See Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934 and Commission Statement on the Relationship of Cooperation to Agency Enforcement Decisions, Securities Exchange Act Release No. 44969 (Oct. 23, 2001), available at -44969.htm.


[17] Policy Statement of the Securities and Exchange Commission Concerning Cooperation by Individuals in its Investigations and Related Enforcement Actions, Securities Exchange Act Release No. 61340 (Jan. 13, 2010), available at -61340.pdf.


McMahon Truck Centers has nine dealer locations in North Carolina, Kentucky, Ohio, South Carolina and Tennessee. Mike and Brad McMahon, dealer principals, are second-generation owners. Their father Patrick McMahon started the dealership in Charlotte in 1996.


CAPTION: McMahon Truck Centers based in Charlotte, North Carolina, is the Mack Trucks 2021 North American Dealer of the Year. Pictured left to right are Martin Weissburg, Mack Trucks president, Dennis McDaniel, Mack Southeast Region vice president, Brad McMahon, McMahon Truck Centers dealer principal, Mike McMahon, McMahon Truck Centers dealer principal, and Jonathan Randall, Mack senior vice president of sales and commercial operations.


Dad still takes his 2019 CRV for dealer oil changes just as he did with his 2007 for the almost 13yrs he had it, still get price quotes from both places for major services but the independent has treated us so much better and is only a few minutes from where they live, compared to going across town.


Yes, get the code, and get that done. Some stuff you can do yourself, no problem.

The cabin air filter you can do yourself, no tools required. The intake filter, easy peasy, 10 mm socket wrench, ratchet, extension, likely all you need, at least that what it was on a 2020 civic. Unless you want to go the extra mile and torque these bolts back down to spec lol, will also need torque wrench.


I always use the Acura dealer for trans and differential service but have never done the 30k service. I either check the stuff and do it myself or they always look things over and suggest anything needing to be done. I would rather have the dealer do the 50 or 100 point inspection and take care of anything right then and there.


For inventory benchmarks, the median was used to report on trends and key performance indicators for the automotive industry. Inventory data was refreshed in January 2021 to accommodate additional automotive brands.


The sales and marketing insights shared below can be used to guide automotive marketing strategies and help dealers stay competitive. Review inventory, lead management, and sales process benchmarks and download the complete report below.


Throughout the month, the average car dealership makes 103 price adjustments to new inventory and 135 price adjustments to used inventory; however, because not all automotive brands or dealerships list prices online, price adjustments happen more frequently for certain OEMs.


Do you know where your leads are really coming from? Foureyes filters out bots, solicitors, job seekers, service customers, and other non-sales leads to provide clear insight into lead generation and management benchmarks for dealers across the country.


The good news? You can address lead handling and sales process issues to keep sales from slipping through cracks in your pipeline. Foureyes sales intelligence software was built to help businesses track, protect, engage, and sell better. With user-level tracking, inventory-based communication, sales enablement alerts, and a safety net for your CRM, Foureyes has data-driven products to power your sales.


Globaldrive Dealer Floorplan UK 2021 is a securitisation of auto wholesale receivables originated in the United Kingdom by FCE Bank plc and related to motor vehicle dealers' purchase and financing of their new vehicle inventory.


The Morningstar DBRS group of companies consists of DBRS, Inc. (Delaware, U.S.)(NRSRO, DRO affiliate); DBRS Limited (Ontario, Canada)(DRO, NRSRO affiliate); DBRS Ratings GmbH (Frankfurt, Germany)(EU CRA, NRSRO affiliate, DRO affiliate); and DBRS Ratings Limited (England and Wales)(UK CRA, NRSRO affiliate, DRO affiliate). Morningstar DBRS does not hold an Australian financial services license. Morningstar DBRS credit ratings, and other types of credit opinions and reports, are not intended for Australian residents or entities. Morningstar DBRS does not authorize their distribution to Australian resident individuals or entities, and accepts no responsibility or liability whatsoever for the actions of third parties in this respect. For more information on regulatory registrations, recognitions and approvals of the Morningstar DBRS group of companies, please see:


One dealer, in particular, went above and beyond and scooped up the 2021 EMEA Dealer of the Year Award: TT Poland. An exceptional part of our dealer network for many years, they added their fourth Dealer of the Year trophy to an already impressive mantlepiece.


The Duff brothers have gone on to create thousands of jobs in Mississippi and throughout the country with STM, as well as with other companies they own and operate. They continue to grow their business enterprises, partner with communities to develop strong economic development opportunities and support education through philanthropy and advocacy.

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