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

Newsom wants nationwide billionaires tax as presidential bid may loom on the horizon
Newsom wants nationwide billionaires tax as presidential bid may loom on the horizon

“It’s time for an economic reset,” wrote the California governor, in a post on X.

Maryland regulators spank fledgling art-focused RIA Masterworks over registration snafus
Maryland regulators spank fledgling art-focused RIA Masterworks over registration snafus

Masterworks was launched in 2017 but its RIA, Masterworks Advisers, is just three years old.

Investors allege Miami operator took over $1.5 million in EB-5 scheme
Investors allege Miami operator took over $1.5 million in EB-5 scheme

One 2017 form, no broker license, and a $42 million gap they say surfaced on a webinar.

Gen X, millennials lag in retirement confidence amid knowledge gap
Gen X, millennials lag in retirement confidence amid knowledge gap

Fewer than half of Americans in their peak earning years feel on track for retirement, while many say limited financial knowledge and access to professional guidance are holding them back.

Advisor moves: Veteran-led UBS team overseeing $460 million migrates to Merrill
Advisor moves: Veteran-led UBS team overseeing $460 million migrates to Merrill

Meanwhile, Wells Fargo hauled advisors overseeing $825 million in the West Coast, while Wedbush has welcomed a seasoned professional from Stifel in California.

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

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.