Securities America focus of second state nontraded-REIT inquiry

B-D that was part of Massachusetts settlement is now facing questions from Pennsylvania
APR 15, 2014
Another regulator is inquiring about sales of nontraded real estate investment trusts by Securities America reps and advisers. The Pennsylvania Department of Banking and Securities requested that Securities America Inc. provide information concerning purchases of nontraded-REIT securities by Pennsylvania residents since 2007, according to the annual report of Ladenburg Thalmann & Co. Inc., which owns Securities America and two other independent broker-dealers. Ladenburg Thalmann “is unable to determine whether and to what extent the [Pennsylvania Department of Banking and Securities] may seek to discipline Securities America or the scope of any potential liability,” according to the report, which was released last Thursday. A spokeswoman for Securities America, Janine Wertheim, did not immediately respond to requests for comment. It's unclear whether Pennsylvania securities regulators, which made the request in October, are looking at nontraded-REIT sales only at Securities America or whether the state's inquiry is broader. States have different rules for the amount of alternative investments such as nontraded-REITs that brokers can sell clients. Executives from broker-dealers and nontraded-REIT sponsors have recently complained about the lack of consistency in such rules, which often are limited by an investor's net worth. “Due to confidentiality requirements, we do not comment on” whether there is a broader request for information from other broker-dealers, said Ed Novak, spokesman for the Pennsylvania Department of Banking and Securities. This is the second time in as many years that Securities America has faced off with a state regulator over the sale of nontraded-REITs. Last year, Securities America was one of several independent broker-dealers to reach settlements with the Massachusetts Securities Division in which they agreed to pay millions of dollars of restitution to clients who bought nontraded REITs from 2005 to 2013. In total, the six broker-dealers, including Securities America, agreed to pay $21.6 million in restitution to clients over sales of nontraded-REITs, and they paid fines of close to $1.5 million. Securities America was fined $150,000 by Massachusetts and agreed to pay close to $8.4 million in restitution to clients. The Massachusetts investigation “showed widespread problems with adherence to the firms' own policies as well as the state rule that an investor's purchase of REITs cannot be more than 10% of that person's liquid net worth,” Secretary of the Commonwealth William Galvin said last September.

Latest News

RIA moves: Savant enters Thousand Oaks as Procyon lands in New Jersey
RIA moves: Savant enters Thousand Oaks as Procyon lands in New Jersey

Procyon adds $415 million in assets under management in New Jersey while Savant picks up a $213 million Southern California planning firm

Beyond sell or inherit: A third exit for appreciated property
Beyond sell or inherit: A third exit for appreciated property

With a growing number of real estate-rich Baby Boomers aging into retirement, some advisors may be failing to consider all the options available for those clients' assets.

AI marketing adoption gap costs financial firms revenue
AI marketing adoption gap costs financial firms revenue

Cornerstone Advisors study reveals compliance bottlenecks stall campaigns weeks after customer opportunities close.

HB Wealth enters Texas with physician-focused advisory team
HB Wealth enters Texas with physician-focused advisory team

A father-daughter trio managing approximately $700 million joins the Atlanta-based fee-only RIA, establishing its Austin foothold.

SEC alts proposals may spark compliance 'culture shock' for managers
SEC alts proposals may spark compliance 'culture shock' for managers

CFP, CFA and CPA holders could gain accredited investor status as regulators weigh wider private market access for advisory clients

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor

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