As regulators tap into big data, advisers need to up compliance attention

SEC examiners are using a new analysis tool that looks at 27 different areas of data from advisory firms, securities lawyer says.
OCT 30, 2014
Big data has fundamentally changed the compliance picture for financial advisers, according to a securities lawyer. The Securities and Exchange Commission is examining much larger volumes of data from advisory firms and is able to use predictive analytics to identify warning signs of a likely violation, according to John Walsh, a partner with Sutherland, Asbill & Brennan, who was speaking at the Schwab Impact conference in Denver. SEC examiners used to walk into an adviser's office armed only with a firm's Form ADVs. Today, examiners know a lot about the firm before they walk in the door. "When the SEC comes into an adviser's office today, it's probably because someone said they saw signals that suggested they need to look at that firm," said Mr. Walsh, who spent 23 years at the SEC before moving to private practice. Examiners typically will arrive with specific risks in mind and expect additional data to be provided quickly and in a clean format, he said. Around the country, SEC examiners are using a new data analysis tool that looks at 27 different areas of data from advisory firms. The commission used to only look at small amounts of data — perhaps one day or one month of data. Today, that's jumped to three years' worth of information, Mr. Walsh said. And regulators' use of data will only increase. Andrew Bowden, head of the SEC's National Investment Adviser/Investment Company Examinations Program, said recently he wants to "raise the bar" on how compliance uses data. "Whatever size of your firm, you need to be thinking about big data," Mr. Walsh said. The SEC also is bringing enforcement cases in situations that involve relatively small amounts of money, including one that required an adviser pay $702 in prejudgment interest. Therefore, it would behoove advisers who may have a problem with a client to "consider making the client whole," he said. "The real harm is the public enforcement case," Mr. Walsh reminded advisers. Whistleblowers also are playing a bigger role today, with about 20% of firm examinations being inspired by tips, he said.

Latest News

Osaic names Sayee Bellamkonda as first chief AI and technology officer
Osaic names Sayee Bellamkonda as first chief AI and technology officer

Appointment continues a wave of AI leadership hires reshaping wealth management as advisory firms race to build out digital and data infrastructure.

Inspired Healthcare CEO Luke Lee facing financial microscope
Inspired Healthcare CEO Luke Lee facing financial microscope

Creditors ask for a raft of financial documents, from bank statements to W2s, in latest bankruptcy case filing.

Practifi rolls out AI CRM amid RIA tech arms race
Practifi rolls out AI CRM amid RIA tech arms race

Sentir joins a wave of AI-native launches as RIA firms seek a competitive edge from CRMs and artificial intelligence use.

april adds IRS tax data to platform as more RIAs seek a tax service edge
april adds IRS tax data to platform as more RIAs seek a tax service edge

Advisors gain a direct line to client tax transcripts as new data shows tax services increasingly separate top-performing firms from the pack.

Student debt drives parents toward 529 plans, Fidelity finds
Student debt drives parents toward 529 plans, Fidelity finds

New Fidelity data links parents' own loan burden to record 529 savings and delayed retirement planning.

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