Investment advisers becoming more frequent target of SEC enforcement

Investment advisers becoming more frequent target of SEC enforcement
Agency brought 126 actions against more than 230 adviser or company defendants in 2015, about 15% of the total enforcement cases last year.
MAR 15, 2016
Investment advisers and investment companies are among the most frequent targets of Securities and Exchange Commission enforcement, an agency official said Friday. The agency brought 126 actions against more than 230 defendants in the investment adviser/company area in 2015, according to Joseph Brenner, chief counsel of the SEC Division of Enforcement. That represents about 15% of the total enforcement cases last year. “It does give you a sense of how complex, how important that area is,” Mr. Brenner said at an Investment Adviser Association compliance conference in Washington. “That's become a very, very significant part of our case load.” Other top enforcement areas in 2015 included financial reporting; broker-dealer cases, especially those involving market structure and dark-pool trading; and securities offerings, such as Ponzi and pyramid schemes, unregistered securities and affinity fraud. The SEC filed about 500 stand-alone cases and 300 follow-on cases last year. The SEC's economic analysis arm is helping to target “aberrant behavior” to help guide the agency's examinations, according to Mark Flannery, director of the Division of Economic and Risk Analysis. “In the fund area, we look at people who have inexplicably high returns or inexplicably high operating costs,” Mr. Flannery said at the IAA conference. The division is honing its ability to find problems in the adviser space. In addition to unusually high returns and expenses, extreme inflows or outflows from a fund could catch its attention. “We're in early days in trying to identify risk in this sector,” Mr. Flannery told reporters on the sidelines of the conference. The SEC's economic and risk analysis staff has grown from about 90 to 165 over the last three years, boosted by mandates from Republican lawmakers for the SEC to spend budget increases in those areas. “Congress has been very kind to us,” Mr. Flannery said.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.