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Category Archives: Enforcement

SEC Issues Cease-and-Desist Order for Incomplete Disclosure of a Conflict of Interest

Once again the U.S. Securities and Exchange Commission (“SEC”) issued a cease-and-desist order against a registered investment adviser for incomplete disclosure of a conflict of interest in violation of Section 207 of the Investment Advisers Act of 1940. In the Matter of Callen Associates (Rel. IA-2650/Sept. 19, 2007; File No. 3-12808), the SEC alleges that [...]

SEC Initiates Cease-and-Desist Proceeding over Regulation S-P

The United States Securities and Exchange Commission (“SEC”) recently announced the issuance of an Order Instituting Administrative Cease-and-Desist Proceedings against Next Financial Group, Inc. (“Next”) for alleged violations of Regulation S-P (Privacy of Consumer Financial Information). According to SEC Release No. 56316 (August 24, 2007), the SEC alleges that Next violated Regulation S-P by allowing [...]

SEC Files Enforcement Action Against Investment Adviser for Misappropriation, Commingling & Pledging Client Assets

Last week, the United States Securities and Exchange Commission (“SEC”) filed an emergency action against a registered investment adviser alleging the following unauthorized acts: pledging of securities owned by clients; placing client funds belonging to segregated client accounts to a “house” account; commingling assets without ability to verify ownership of particular securities; and providing clients [...]

SEC Settles a Form 13F Filing Violation for a $100,000 Penalty

Earlier today, the United States Securities and Exchange Commission (“SEC”) issued Investment Advisers Act of 1940 Release No. 2634 (August 15, 2007) announcing its settlement with Quattro Global Capital, LLC, a registered investment adviser to a group of hedge funds, for failing to properly file the Form 13F. Under Section 13(f) of the Securities Exchange [...]

SEC Charges 14 individuals for Insider Trading Scheme.

In a March 1 press release, the SEC announced that it is charging “14 defendants in a brazen insider trading scheme that netted more than $15 million in illegal trading profits on thousands of trades, using information stolen from UBS Securities, LLC and Morgan Stanley & Co., Inc. The SEC complaint alleges that eight Wall [...]

Spitzer Alleges Fraud in Lawsuit Against UBS for Fee Based Brokerage Accts.

New York Attorney General Elliot Spitzer announced a filing of a lawsuit against UBS Financial Services, Inc. for allegedly defrauding its customer through its fee-based brokerage program. Spitzer’s action alleges that fee-based brokerage accounts are inappropriate for investors who rarely trade securities or hold significant amounts of cash. Although this lawsuit is focused upon a [...]

Kansas Securities Regulator Suspends IA Firm

Earlier this fall, the Office of the Kansas Securities Commissioner entered an order to summarily suspend the investment advisor registration of a state firm located in Overland Park, Kansas. According to the Commissioner’s Press Release, the “firm committed fraud by informing a client that his funds were maintained in an account at a brokerage firm [...]

SEC Cites Firm for Failing to Implement Written Compliance Programs

Earlier this month, the SEC filed an administrative proceeding against an advisor firm for, among other things, failing to meet the requirements of Rule 206(4)-7 which requires an investment adviser registered with the SEC to adopt and implement written policies and procedures reasonably designed to prevent violation of the Advisers Act and the rules there [...]

Is Your Firm Supervising Charges for Financial Plans?

The New Jersey Attorney General just announced a $5 million settlement to be paid by an investment advisor/broker-dealer for failing to supervise its representative. The underlying wrongdoing apparently involved a rep forging client signatures on financial planning agreements and then mutual fund redemption forms in order to pay for fictional financial plans. According to the [...]

 

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* RIA Compliance Consultants, Inc. ("RCC") is not a law firm and does not provide legal services. A compliance consulting relationship with RCC is not provided those legal and professional protections that normally exist under an attorney-client relationship. For more information, please visit our Disclosures webpage.

The determination to use a third-party compliance services provider is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of our compliance services does not mean that an agency or board has certified RCC as a specialist or expert in investment advisor compliance. All potential clients are urged to make their own independent investigation and evaluation of RCC.

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