Massachusetts regulator charges securities firm with improper sale to elderly investor

Investor was sold aggressive investment strategies despite stating low tolerance for risk.
DEC 14, 2015
Massachusetts' securities regulator William Galvin has charged a securities firm operating at Citizens Bank locations with “dishonest and unethical conduct” for selling an elderly woman funds that were riskier than her stated investment tolerance. Mr. Galvin, the secretary of the commonwealth, is seeking restitution from the firm, Citizens Securities, for the unnamed investor, who lost about $7,000 when she got out of the investment portfolio, according to a statement from his office. Despite indicating a low tolerance for risk, the investor was sold aggressive investment strategies including alternative and emerging markets funds, as well as funds that buy high-yield bonds, according to the statement. The Citizens Bank branch where she initially met the financial consultant didn't adequately disclose the location's brokerage activities and didn't identify who the consultant worked for, leaving the impression he worked for the bank, according to the statement. "Banks that offer non-bank financial services have an obligation to make clear the distinction between the banking services and the other financial services provided at the same location," Mr. Galvin said in the statement. "This is particularly important when dealing with their senior customers who may have a traditional view of banks." Citizens is looking into the complaint. “We take our responsibility to help customers make informed decisions about their finances very seriously,” Jim Hughes, a spokesman for Citizens, said in an emailed statement. “We are reviewing this complaint.” The elderly woman also bought a market-linked certificate of deposit without understanding the higher degree of risk compared to a regular certificate of deposit, which she knew from her previous banking experience, according to the statement. Citizens Securities consultants offer investments through Envestnet, an automated advisory platform. The complaint states that based on limited information provided by investors through the financial consultants to Envestnet, Citizens Securities offers a small number of fund complexes from which a portfolio can be generated. Once a fund complex is selected, the financial consultant cannot alter what the computer produced. “Investment advisers are a fiduciary and they cannot walk away from that obligation by saying the robo adviser told me to do it,” Mr. Galvin declared.

Latest News

Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney
Federal judge dismisses Eltek manipulation lawsuit against Morgan Stanley Smith Barney

Nine-month electronic trading freeze and share lending program at the center of dismissed claim.

RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone
RIA wrap: Dynamic strikes South Carolina deal to reach $7B AUM milestone

Meanwhile, Rossby Financial's leadership buildout rolls on with a new COO appointment as Balefire Wealth welcomes a distinguished retirement specialist to its national network.

Rethinking diversification amid a concentrated S&P 500
Rethinking diversification amid a concentrated S&P 500

With a smaller group of companies driving stock market performance, advisors must work more intentionally to manage concentration risks within client portfolios.

Merrill pays second settlement to former Miami Dolphins player, client of ex-broker
Merrill pays second settlement to former Miami Dolphins player, client of ex-broker

Professional athletes are often targets of scam artists and are particularly vulnerable to fraud.

Schwab touts AI as its biggest growth lever at investor day
Schwab touts AI as its biggest growth lever at investor day

The brokerage giant tells Wall Street it will use artificial intelligence to reach clients it has never been able to serve — and turn the technology's perceived threat into a competitive edge.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline