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 says retirement plan defaults still target an average
Advisor says retirement plan defaults still target an average

ERISA Investment Fiduciary Philip Chao says most retirement plans use target date funds as a one-size-fits-all default that ignores individual circumstances

Ex-broker in Florida gets more than six years for stealing $2 million from senior
Ex-broker in Florida gets more than six years for stealing $2 million from senior

Eric J. Stone was fired by Fidelity in 2021 after facing claims he took loans from clients.

Vistria takes majority stake in Curi Capital in fresh RIA deal
Vistria takes majority stake in Curi Capital in fresh RIA deal

Chicago-based Curi Capital gets new majority owner as $14 billion RIA eyes acquisitions and expanded family office services

WealthReach, VastAdvisor tie-up takes aim at advisors' cold outreach problem
WealthReach, VastAdvisor tie-up takes aim at advisors' cold outreach problem

Partnership pairs organic lead detection with paid ad targeting to help end "spray-and-pray" marketing for growth-seeking advisory firms.

LPL taps Wells Fargo vet as new chief technology and information officer
LPL taps Wells Fargo vet as new chief technology and information officer

Jonathan Lewis joins the wealth management giant as it proceeds with a $2 billion AI and technology push for advisors.

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