This key anti-fraud provision makes it unlawful for registered investment advisers from directly or indirectly engaging in any:
- transaction
- practice
- course of business
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”.
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SEC enforcement highlights valuation risks in affiliated loan transactions
After reviewing a recent case, Janaya Moscony offers lessons learned and explains why this matters for advisers.
Janaya Moscony | SEC32 min read
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SEC fines two RIAS $150,000 over faulty client agreements
Penalties imposed over potentially misleading information on non-waivable legal rights.
Alexander Barzacanos2 min read
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'Be an investing badass!' Recent SEC cases citing fraud, disclosure issues
"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 DiMauro4 min read
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SEC enforcement update: Lessons on compensation-driven conflicts
Recent cases highlight the SEC's continuing focus on how financial incentives influence employee recommendations.
Janaya Moscony | SEC32 min read
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SEC fines Vanguard, Empower for misleading statements, conflicts of interest
Vanguard and Empower allegedly created conflicts of interest by incentivizing advisers to steer clients toward fee-based services, minus the requisite disclosure.
Julie DiMauro4 min read
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SEC action highlights compliance risks in fee and expense practices
After reviewing the case, Janaya Moscony offers compliance tips on disclosures and robust fee practices.
Janaya Moscony | SEC31 min read
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Insider gains, family betrayal, and high-tech market gaming in key SEC cases
The SEC has recently closed three very different but equally brazen fraud cases, each a window into a distinct form of financial misconduct.
Vlada Gurvich3 min read
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SEC targets Langemeier and LOL for conflicts of interest
Self-styled 'Millionaire Maker' fined for breaching fiduciary duties.
Julie DiMauro2 min read
Further Reading
