After reviewing a recent case, Janaya Moscony offers lessons learned and explains why this matters for advisers.
This key anti-fraud provision makes it unlawful for registered investment advisers from directly or indirectly engaging in any:
that operates as a fraud or deceit upon any client or prospective client.
The prohibition covers the use of “mails” as well as any “means or instrumentality of interstate commerce”.
After reviewing a recent case, Janaya Moscony offers lessons learned and explains why this matters for advisers.
Janaya Moscony | SEC3 2 min read
Penalties imposed over potentially misleading information on non-waivable legal rights.
Alexander Barzacanos 2 min read
"The Cash Flow King" was ordered to pay disgorgement of $2,967,535 and prejudgment interest thereon of $340,396 to the SEC, which was deemed satisfied by the restitution ordered in the DOJ's parallel criminal case.
Julie DiMauro 4 min read
Recent cases highlight the SEC's continuing focus on how financial incentives influence employee recommendations.
Janaya Moscony | SEC3 2 min read
Vanguard and Empower allegedly created conflicts of interest by incentivizing advisers to steer clients toward fee-based services, minus the requisite disclosure.
Julie DiMauro 4 min read
After reviewing the case, Janaya Moscony offers compliance tips on disclosures and robust fee practices.
Janaya Moscony | SEC3 1 min read
The SEC has recently closed three very different but equally brazen fraud cases, each a window into a distinct form of financial misconduct.
Vlada Gurvich 3 min read
Self-styled 'Millionaire Maker' fined for breaching fiduciary duties.
Julie DiMauro 2 min read
Further Reading