SEC fines advisory firms $2.2 million for spreading false claims made by F-Squared

The Securities and Exchange Commission ordered 13 firms to pay a combined $2.2 million for spreading false claims made by F-Squared Investments about the performance of a strategy it used in exchange-traded funds. The SEC found the firms “accepted and negligently relied” on F-Squared's claims that its "AlphaSector strategy" for investing in ETFs had outperformed the S&P 500 Index for several years, according to a statement by the regulatory agency Thursday. Their penalties ranged from $100,000 to $500,000 depending on the fees they earned from recommending the strategy to clients. AssetMark was the sole firm ordered to pay $500,000, while BB&T Securities, Banyan Partners, Hilliard Lyons, Ladenburg Thalmann Asset Management and Shamrock Asset Management will each pay the next largest penalty of $200,000, according to the statement. AssetMark released a statement on the fine. “A number of companies were provided with inaccurate and incomplete information by F-Squared regarding their products and made that information available to advisers and clients," it read. "As soon as we were made aware of these discrepancies, we immediately discontinued the availability of the information and put the only product we offered with a connection to F-Squared under review. Ultimately, we made the decision to remove F-Squared from our platform. We're glad to put this issue to rest and to continue to focus on serving advisers and their clients, which has remained our priority throughout.” The agency's sweep found the firms didn't obtain sufficient documentation to substantiate the inflated track record of AlphaSector, which F-Squared later admitted in an SEC enforcement case was only “back-tested," according to the statement. “When an investment adviser echoes another firm's performance claims in its own advertisements, it must verify the information first rather than merely accept it as fact,” Andrew Ceresney, director of the SEC's enforcement division, said in the statement. “These advisers negligently passed many of F-Squared's claims onto their own clients, who were consequently relying upon false and misleading information when making investment decisions,” he said. The 13 advisory firms consented to the SEC's orders without admitting or denying the agency's findings.