Advisor News

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REGULATION AND LEGISLATION MAR 01, 2011
No firm too big to be prosecuted, says Wall Street cop

But U.S. Attorney Preet Bharara says civil cases easier to win; 36 wins in 20 months for U.S. attorney

By Robert Hordt
Bad tip from 'Poppy'? Finra files complaint against David Lerner Associates
REGULATION AND LEGISLATION MAR 01, 2011
Bad tip from 'Poppy'? Finra files complaint against David Lerner Associates

On Wednesday, Finra accused David Lerner Associates of selling an unsuitable investment -- shares of Apple REIT -- to unsophisticated and elderly clients. Sales of Apple REIT comprised 60% of the brokerage's business since 1996, the regulator added. In a statement, the firm said it expects 'to be completely vindicated.'

By John Goff
Wells took up to 153 days to get prospectuses to mutual fund buyers: Finra
REGULATION AND LEGISLATION MAR 01, 2011
Wells took up to 153 days to get prospectuses to mutual fund buyers: Finra

Wells Fargo wagon slow in getting info to clients, regulator claims; brokerage settles charges for $1M

By John Goff
SEC: B-D gets F for Reg D due diligence
REGULATION AND LEGISLATION MAR 01, 2011
SEC: B-D gets F for Reg D due diligence

The Securities and Exchange Commission continues to crack down on Reg D offerings. This go-round, the regulator issued a cease-and-desist order to Capital Financial over the firm's alleged lack of due diligence on a series of privately issued notes.

By Bruce Kelly
Finra suspends B-D that it says 'poses serious risk' to investors
REGULATION AND LEGISLATION MAR 01, 2011
Finra suspends B-D that it says 'poses serious risk' to investors

Finra claims Pinnacle Partners is continuing to mislead potential investors about oil and gas private placements – even though the firm has already been hit with a cease-and-desist order.

By Bloomberg
REGULATION AND LEGISLATION MAR 01, 2011
Gryphon boss cops to running sham investment firm

Kenneth Marsh pleads guilty to fraud; supposed global operation actually run out of strip mall in Staten Island, prosecutors say

By John Goff
REGULATION AND LEGISLATION MAR 01, 2011
Adviser claimed $1.5B in assets, had $9M: SEC

Commission claims Hanlon failed to inform clients that his firm's financial status was 'seriously impaired'

By John Goff
Advisers warm up to Twitter, give cold shoulder to cold calling
FINTECH MAR 01, 2011
Advisers warm up to Twitter, give cold shoulder to cold calling

Increasingly, social media the choice for reaching out to prospects

By Lavonne Kuykendall
Wells Fargo to pony up $11.2M for allegedly overcharging Zunis, other investors
REGULATION AND LEGISLATION MAR 01, 2011
Wells Fargo to pony up $11.2M for allegedly overcharging Zunis, other investors

SEC claims Wachovia unit charged excessive markups on CDOs in 2007

By Liz Skinner
Finra panel awards pilot $2.7 million in flap over suitability
REGULATION AND LEGISLATION MAR 01, 2011
Finra panel awards pilot $2.7 million in flap over suitability

Bulk of retiree's savings invested in two non-public mortgage funds; 'didn't have any access to his money'

By Bloomberg
Is the SEC aiming to restrict upfront bonuses?
REGULATION AND LEGISLATION MAR 01, 2011
Is the SEC aiming to restrict upfront bonuses?

By Mark Schoeff Jr.
REGULATION AND LEGISLATION MAR 01, 2011
More rules on the horizon

The regulatory burden on financial advisers is mounting as various government agencies parse the fine points of the Dodd-Frank financial reforms and develop new rules

By Liz Skinner
SEC said to 'sweep' advisory firms for social-media info
FINTECH MAR 01, 2011
SEC said to 'sweep' advisory firms for social-media info

The Securities and Exchange Commission is said to have begun a sweep of registered investment advisers' use of social media and social networking, according to officials at an industry compliance firm.

By Bloomberg
FINTECH FEB 28, 2011
Use of social media in focus

The SEC and Finra are taking a closer look at how financial advisers use social networking

By Jessica Toonkel
REGULATION AND LEGISLATION FEB 28, 2011
Securities America may face 150 or more arbitration claims

Don't expect Securities America Inc. to extricate itself anytime soon from the legal headaches and expenses connected with the private placements it sold from Medical Capital Holdings Inc., a now-bankrupt company that turned medical receivables into promissory notes

By Bruce Kelly
REGULATION AND LEGISLATION FEB 28, 2011
Securities America pins blame on MedCap in Reg D showdown

Securities America Inc. and the Massachusetts Securities Division locked horns last week over the regulator's charges that the firm misled 60 investors in the state who bought $7.2 million in Medical Capital notes from the firm's reps.

By Bruce Kelly
INDEPENDENT BROKER DEALERS FEB 28, 2011
Some broker-dealers scramble for capital

Broker-dealers without big corporate parents or the ability to tap public markets are making an all-out effort to raise capital, in some cases turning to their own clients for financing.

By Bruce Kelly
REGULATION AND LEGISLATION FEB 28, 2011
Raymond James auction-rate suit first to be upheld

Raymond James & Associates must face a lawsuit claiming it defrauded buyers of auction-rate securities, the first class-action complaint following the market's 2008 collapse to survive a judge's initial review.

By Bloomberg
REGULATION AND LEGISLATION FEB 27, 2011
Paper jam

Maybe the shift from the SEC to state regulation won't be as bad as critics are making it out to be, but observers predict that some advisers will resort to “creative accounting” and “flat-out lying” to avoid having to change their registration

By Dan Jamieson
RIA NEWS FEB 27, 2011
All for one

Bring on the fiduciary standard. In a recent InvestmentNews survey of almost 600 advisers, registered reps, financial planners, insurance agents and others, 69.2% said that they agree with the SEC's staff recommendation that any financial professional giving personalized investment advice be deemed a fiduciary

By Bruce Kelly