Recordkeeping fines and actions

A list of the institutions fined for recordkeeping failures involving at least some combination of texts, WhatsApp messages, and audio files, if not other communications formats, since September 2020.

Updated – 7 October 2024

Fines

Total recorded3,330,813,000

InstitutionFine ($)
Acacia Financial Group Inc. 52,000
Alpaca Securities LLC 400,000
A.M. Best Rating Services, Inc.1,000,000
Ameriprise Financial Services LLC50,000,000
Apex Clearing Corporation6,000,000
Bank of America  100,000,000
Bank of America Securities  125,000,000
Bank of Montreal  35,000,000
Bank of Nova Scotia  15,000,000
Barclays  75,000,000
Barclays Capital Inc  125,000,000
BMO Capital Markets Corp  25,000,000
BNP Paribas  75,000,000
BNP Paribas Securities Corp  35,000,000
BNY Mellon Securities Corporation40,000,000 (with Pershing LLC)
Caine Mitter and Associates Inc.94,000
Cambridge Investment Research Inc. (together with Cambridge Investment Research Advisors Inc.)10,000,000
Canaccord Genuity LLC1,250,000
Cantor Fitzgerald  16,000,000
Ceros Financial Services75,000
Cetera Advisor Networks LLC4,500,000 (with Cetera Investment Services LLC)
Cetera Investment Services LLC4,500,000 (with Cetera Advisor Networks LLC)
cfX Inc. 42,000
CHS Hedging Inc. 650,000
CIBC World Markets Corp. (with CIB Private Wealth Advisors, Inc.) 12,000,000
CIBC30,000,000
Citi  75,000,000
Citigroup Financial Markets  125,000,000
Cowen and Company LLC16,500,000 (with Cowen Investment Management LLC)
3,000,000
Cowen Investment Management LLC16,500,000 (with Cowen and Company LLC)
Credit Suisse  75,000,000
Credit Suisse Securities USA  125,000,000
CSG Advisors Inc.40,000
Dawson James Securities500,000
DBRS8,000,000
Demotech, Inc.100,000
Deutsche Bank  75,000,000
Deutsche Bank Securities  125,000,000
Edward D. Jones & Co. L.P.50,000,000
Epoch Investment Partners30,000,000 (with TD Securities (USA) LLC and TD Private Client Wealth LLC)
Fifth Third Securities Inc.  8,000,000
First Trust Portfolios L.P.8,000,000
Fitch Ratings, Inc.8,000,000
Focused Wealth Management Inc. 325,000
Glazer Capital, LLC2,000,000
Goldman Sachs  205,500,000
Great Point Capital LLC2,000,000
Guggenheim Securities LLC (together with Guggenheim Partners Investment Management LLC)15,000,000

H2C Securities250,000
Haitong International Securities (USA) Inc.400,000
Hilltop Securities Inc.1,600,000
Houlihan Lokey Capital  15,000,000
HR Ratings de Mexico8,000,000
HSBC75,000,000*
The Huntington Investment Company (HIC), together with Huntington Securities Inc. (HSI) and Capstone Capital Markets LLC1,250,000
HSBC Securities USA  15,000,000
Interactive Brokers Corp
Interactive Brokers LLC  
35,000,000
Intesa Sanpaolo IMI Securities Corp. 1,500,000
Invesco Distributors, Inc (with Invesco Advisers Inc.) 35,000,000
Jefferies  80,000,000
Jones Trading Institutional Services LLC100,000
JPMorgan Chase & Co.200,000,000
Kaufman Hall & Associates LLC (together with Ponder & Co.)$324,000
Key Investment Services LLC (together with KeyBanc Capital Markets Inc.)10,000,000
Kroll Bond Rating Agency LLC4,000,000
Lincoln Financial Advisors Corporation, (together with Lincoln Financial Securities Corporation)8,500,000
LPL Financial LLC50,000,000
Mizuho Securities USA LLC  25,000,000
Moelis & Company LLC  10,000,000
Moody’s Investors Service, Inc.20,000,000
Montague DeRose & Associates LLC40,000
Morgan Stanley  206,800,000
Nomura Securities International  50,000,000
Nomura 50,000,000
Northwestern Mutual Investment Services LLC (together with Northwestern Mutual Investment Management Co. LLC (NMIM) and Mason Street Advisors LLC)16,500,000
Nuveen Securities LLC  8,500,000
Oppenheimer & Co. Inc.13,000,000
Osaic Services Inc.18,000,000 (with Osaic Wealth Inc.)
Osaic Wealth Inc.18,000,000 (with Osaic Services Inc.)
PFM Financial Advisors LLC250,000
Phoenix Advisors LLC40,000
P. Schoenfeld Asset Management LP1,250,000
Perella Weinberg Partners LP
Tudor, Pickering, Holt & Co. Securities LLC
Perella Weinberg Partners Capital Management LP
2,500,000
Pershing LLC40,000,000 (with BNY Mellon Securities Corporation)
Piper Sandler & Co.14,000,000
Piper Sandler Hedging Services LLC2,000,000
Public Resources Advisory Group Inc.184,000
Qatalyst Partners LLPNo penalty
Raymond James & Associates Inc.50,000,000
RBC Capital Markets LLC45,000,000
Regions Securities LLC 750,000
Robert W. Baird & Co.  15,000,000
S&P Global Ratings20,000,000
Senvest Management LLC6,500,000
SG Americas Securities  35,000,000
SMBC Nikko Securities America  9,000,000
Scotia Capital USA  7,500,000
Société Générale  75,000,000
Specialized Public Finance Inc.250,000
Stifel, Nicolaus & Company, Inc. 35,000,000
TD Bank79,000,000
TD Private Client Wealth LLC30,000,000 (with TD Securities (USA) LLC and Epoch Investment Partners)
TD Securities (USA) LLC30,000,000 (with TD Private Client Wealth LLC and Epoch Investment Partners)
Truist Bank3,000,000
Truist Advisory Services Inc.5,500,000 (with Truist Investment Services Inc. and Truist Securities Inc.)
Truist Investment Services Inc.5,500,000 (with Truist Advisory Services Inc. and Truist Securities Inc.)
Truist Securities Inc.5,500,000 (with Truist Advisory Services Inc. and Truist Investment Services Inc.)
UBS  75,000,000
UBS Securities  125,000,000
US Bancorp Investments Inc.8,000,000
U.S. Bank6,000,000
Wedbush Securities  10,000,000
Wells Fargo  200,000,000
William Blair & Company LLC
William Blair Investment Management LLC
10,000,000
Zions Public Finance Inc.47,000

* Includes fines for related offences

Actions

Full list of actions involving recordkeeping brought by the SEC, CFTC and the UK’s Ofgem.

CFTC

DateAction
December 2021CFTC fines of $75m on JPMorgan Chase & Co.
September 2022CFTC fines of $710m on 11 institutions
May 2023CFTC fine of $15m on Bank of Nova Scotia
May 2023CFTC fine of $30m on HSBC
May 2023CFTC fine of $45m on HSBC for offences including failures around mobile device recordkeeping
August 2023CFTC fines of $260m on four institutions
August 2023CFTC fines of $5.5m Goldman Sachs for failure to preserve audio recordings during pandemic
March 2024CFTC Orders U.S. Bank to Pay $6 Million and Oppenheimer to Pay $1 Million for Recordkeeping and Supervision Failures
August 2024CFTC Orders TD Bank and Cowen to Pay Civil Monetary Penalties for Recordkeeping and Supervision Failures
August 2024CFTC Orders TD Bank to Pay $4 Million for Supervision Failures Impacting its Electronic Communications Surveillance System
August 2024CFTC Orders Truist Bank to Pay $3 Million Penalty and Remediate Recordkeeping and Supervision Failures
September 2024 CFTC Orders CIBC to Pay $30 Million For Recordkeeping and Supervision Failures
September 2024 CFTC Orders Piper Sandler Hedging Services LLC to pay a $2 million for Firm-Wide Use of Unapproved Communication Methods
October 2024 CFTC charges CHS Hedging with audio comms recordkeeping lapses, trade issues

Ofgem

DateAction
August 2023Ofgem fines of $6.8m on Morgan Stanley for comms recordkeeping failure

FINRA

DateAction
February 2024FINRA fines Ceros Financial Services
March 2024FINRA fines H2C Securities
April 2024FINRA fines Dawson James

SEC

DateAction
September 2020SEC fine of $100k on broker-dealer
December 2020SEC fine of $125m on JPMorgan Chase & Co.
September 2022SEC fines of $1.1 billon on 16 institutions
May 2023SEC fines of $22.5m against two firms
August 2023SEC fines of $289m on 11 institutions
September 2023SEC fines of $79m on 10 firms
September 2023SEC fines of $12m on two credit rating agencies
February 2024SEC fines of $81m on 16 firms
March 2024SEC fines Senvest $6.5m
August 2024SEC fines of $392.75m on 26 firms
September 2024SEC fines of $49m on six credit rating agencies
September 2024 SEC fines of 85m on 12 firms