Finra dings Berthel Fisher for poor supervision of options trades

Finra dings Berthel Fisher for poor supervision of options trades
Finra said last summer that it was launching an examination sweep probing the opening of options accounts.
APR 27, 2022

The Financial Industry Regulatory Authority Inc. said Tuesday that it fined Berthel Fisher & Co. Financial Services Inc. $100,000 for falling short on compliance related to options trades in a client's account.

Options are highly complicated trading instruments, and while options trades have recently seen a boom among retail investors, many financial advisers avoid options for retail customers. Finra said last summer that it was launching an examination sweep probing the supervision, communications and diligence surrounding the opening of options accounts.

Berthel Fisher, which is known for selling alternative investments, neither admitted or denied Finra's findings in the settlement. A spokesperson for Berthel Fisher did not return a phone call Wednesday morning to comment.

In August 2015, when it was reviewing a customer's request for approval to trade options in his brokerage account, Berthel Fisher failed to exercise due diligence to ascertain the customer's investment experience and knowledge, in violation of industry rules. And between August 2015 and February 2018, Berthel Fisher, through an unnamed broker, recommended options transactions to the same customer without having reasonable grounds for believing that the transactions were suitable for that customer.

During the same period, Berthel Fisher failed to establish and maintain a supervisory system, including written procedures, reasonably designed to achieve compliance with industry rules pertaining to the suitability of options trading in customer accounts, according to Finra. The firm also failed to enforce multiple provisions of its written supervisory procedures pertaining to options trading.

Latest News

FINRA suspends Centaurus broker who piled clients into REITS, BDCs
FINRA suspends Centaurus broker who piled clients into REITS, BDCs

Most firms place a limit on advisors’ sales of alternative investments to clients in the neighborhood of 10% a customer’s net worth.

Advisor moves: LPL Financial, Osaic, Raymond James all welcome new teams
Advisor moves: LPL Financial, Osaic, Raymond James all welcome new teams

Those jumping ship include women advisors and breakaways.

Mariner announces an acquisition double, adding $1.7B to its AUA
Mariner announces an acquisition double, adding $1.7B to its AUA

Firms in New York and Arizona are the latest additions to the mega-RIA.

Michigan insurance agent to stand trial after charges of insurance fraud
Michigan insurance agent to stand trial after charges of insurance fraud

The agent, Todd Bernstein, 67, has been charged with four counts of insurance fraud linked to allegedly switching clients from one set of annuities to another.

NY Appeals court tosses $500M civil fraud penalty against Trump; upholds injunctive relief
NY Appeals court tosses $500M civil fraud penalty against Trump; upholds injunctive relief

“While harm certainly occurred, it was not the cataclysmic harm that can justify a nearly half billion-dollar award to the State,” Justice Peter Moulton wrote, while Trump will face limits in his ability to do business in New York.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.