Texas broker-dealer fined $100,000 over variable annuity exchanges

IMS Securities, a shop with around 110 brokers, didn't have adequate supervisory procedures in place to ensure brokers weren't abusing annuity exchanges.
OCT 06, 2016
A small, Texas-based broker-dealer has been fined $100,000 for failures in monitoring variable annuity exchanges, within months of firm executives being targeted in a pair of multimillion-dollar customer disputes involving variable annuities and real estate investment trusts. The Financial Industry Regulatory Authority Inc. handed down the fine to IMS Securities Inc., a firm with approximately 110 registered representatives, due to a lack of “adequate supervisory procedures for problematic rates of exchange” in variable annuity transactions, according to the broker-dealer industry watchdog. A recent analysis of Finra's enforcement activity estimates the group is on pace this year to break the previous record for level of fines against broker-dealers and their reps. An annuity exchange — also known as a 1035 exchange, named after a provision in the tax code — allows brokers to transfer funds in an annuity to a new policy without subsequent tax penalties. Finra requires firms have surveillance procedures in place to ensure brokers don't abuse the practice by performing frequent exchanges to benefit themselves through upfront commissions at the expense of a customer. From July 15, 2013 through July 8, 2014, IMS Securities relied upon its chief financial officer to review annuity exchanges, but “provided him with no guidance or tools such as exception reports or trend analysis to assist with reviews for problematic rates of exchange,” according to a Finra enforcement document filed Sept. 30. Instead, the reviews were limited to the annuity application and the order records for the exchange, and IMS consequently “failed to investigate potentially problematic patterns of variable annuity exchanges,” according to Finra. In addition to violations regarding variable annuity exchanges, the firm also failed to enforce written supervisory procedures around consolidated reports, which combine account information regarding customer assets, Finra said. The firm neither confirmed nor denied Finra's allegations. Jackie Wadsworth, the owner and chief executive of IMS Securities, didn't respond to a request for comment. Over the summer, Ms. Wadsworth, along with her firm's chief financial and compliance officers, were subjects of a $3 million Finra arbitration complaint over the sale of variable annuities and real estate securities, as well as a separate $1.7 million complaint over REIT sales, according to BrokerCheck records. The cases are pending.

Latest News

Advisor moves: LPL lands $1B group from Ameriprise
Advisor moves: LPL lands $1B group from Ameriprise

Meanwhile, Cetera has drawn advisors managing around $390 million from LPL and Commonwealth, while Raymond James' financial institutions division announces its own LPL hire in Indiana.

Bluespring Wealth snaps up $1.1B New Jersey RIA in fifth deal of 2026
Bluespring Wealth snaps up $1.1B New Jersey RIA in fifth deal of 2026

Synthesis Wealth Planning brings a fivefold asset growth story and a recently merged practice to the Bluespring fold.

Clients expect to know if you use AI, but don’t realize that their portfolios are likely exposed
Clients expect to know if you use AI, but don’t realize that their portfolios are likely exposed

Janus Henderson Investors research reveals demand for transparency, but lack of awareness of AI’s prevalence in the corporate world.

Retirement dream looking more like a luxury as cost-of-living squeezes savings
Retirement dream looking more like a luxury as cost-of-living squeezes savings

New research reveals rising expenses, forced early exits, and a widening gap between how long people live and how long their money lasts.

Advisor moves: LPL, Raymond James, Brighton Jones raid the talent pool
Advisor moves: LPL, Raymond James, Brighton Jones raid the talent pool

Firms continue their quest to attract and retain the best advisor teams.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline