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”.
Penalties imposed over potentially misleading information on non-waivable legal rights.
Alexander Barzacanos2 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 DiMauro4 min read
Recent cases highlight the SEC's continuing focus on how financial incentives influence employee recommendations.
Janaya Moscony | SEC32 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 DiMauro4 min read
After reviewing the case, Janaya Moscony offers compliance tips on disclosures and robust fee practices.
Janaya Moscony | SEC31 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 Gurvich3 min read
Self-styled 'Millionaire Maker' fined for breaching fiduciary duties.
Julie DiMauro2 min read
Transamerica Retirement Advisors failed to disclose financial conflicts tied to retirement rollovers, affecting thousands of clients.
Vlada Gurvich4 min read
Further Reading