Morgan Keegan settles with DOL over revenue-sharing accusations

Morgan Keegan settles with DOL over revenue-sharing accusations
Firm found to have collected fees for recommending funds of hedge funds to retirement plans
JUN 05, 2012
The Labor Department scored a win against Morgan Keegan and Co. Inc., following an investigation that revealed the independent broker-dealer accepted revenue-sharing fees for recommending funds of hedge funds to plan clients. As a result, Morgan Keegan, now owned by Raymond James Financial Inc., will pay $633,715 to ten pension plans. The alleged violations took place between April 2001 and November 2008. As part of this settlement, Morgan Keegan will have to disclose to plan clients covered by the Employee Retirement Income Security Act of 1974 whether it's acting as a fiduciary. If the firm is indeed acting as a fiduciary, it will have to break down the services that it's providing as such. Morgan Keegan also will have to share with clients a description of the compensation and fees received from any source. The broker-dealer will either not collect commissions, or if it does, refund to ERISA plan clients the full amount of payments from third parties. “This matter was fully reserved for prior to Raymond James’ acquisition of Morgan Keegan," said Anthea Penrose, spokeswoman for Raymond James. "The terms of the DOL agreement are Morgan Keegan’s responsibility as they are the only party to the investigation and settlement.” Morgan Keegan is the latest firm to face an investigation and sanctions under the Employee Benefits Security Administration's Consultant/Adviser Project, an initiative that concentrates on consultants' and advisers' pocketing of improper or undisclosed payments. The regulator had picked up a handful of notable wins in recent years, including a 2009 settlement with Consulting Services Group and its affiliated broker-dealer Trading Services Group Inc. for nearly $300,000. In 2010, Metropolitan Life Insurance Co. had agreed to pay $13.5 million in conjunction with a joint investigation by the DOL, the FBI and the Internal Revenue Service. A report released last October, co-authored by Fred Reish, a partner at Drinker Biddle & Reath LLP, said while the program had been around for several years, activity had been heating up and the DOL seems to be emphasizing reinforcement in light of upcoming rules that would force firms and service providers to reveal their fees to plan clients and participants.

Latest News

Is Wall Street's AI risk analysis right for RIA portfolios?
Is Wall Street's AI risk analysis right for RIA portfolios?

Anthropic's Millennium partnership moves AI from reactive tool to proactive risk monitor — but other wealth tech leaders question its fit for RIA practices.

AI is resetting trust in wealth services, says Advisor360's new CEO
AI is resetting trust in wealth services, says Advisor360's new CEO

Milind Mehere offers perspective on why ambient AI, not smarter models, will define the next decade of wealth tech.

Ex-indy rep turned phony finfluencer gets two years in prison
Ex-indy rep turned phony finfluencer gets two years in prison

Kenneth Thom, 42, reinvented himself as a finfluencer known as “K Money.”

Trump sued over Truth Social's paid early-access data feed
Trump sued over Truth Social's paid early-access data feed

A press-freedom lawsuit filed in Manhattan challenges the president's $100,000-a-month Truth API service used by trading firms.

Zero-fee IRAs quietly cost savers up to $1,400 a year, PensionBee study finds
Zero-fee IRAs quietly cost savers up to $1,400 a year, PensionBee study finds

Research reveals six hidden costs inside "zero-fee" IRAs, with one investment mistake potentially amounting to $170,000 over a 30-year period.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income