Stifel fined $750,000 for failure to follow reserve requirements

Stifel fined $750,000 for failure to follow reserve requirements
The broker-dealer didn't account for reserves needed to cover loans secured with customer assets.
APR 25, 2016
Stifel, Nicolaus & Co. Inc., a St. Louis-based broker-dealer, has been fined $750,000 by Finra for not properly accounting for customer assets in a reserve fund as well as assets held in a proprietary trading account. Stifel, which has approximately 4,400 registered representatives, used customer assets as collateral for bank loans it procured over 1999-2012, which is permissible for certain assets under current rules. However, Stifel didn't appropriately account for such use of customer assets in a reserve fund meant to back up this collateral, according to a disciplinary action document signed April 8 by the Financial Industry Regulatory Authority Inc.'s Department of Enforcement. Separately, over an eight-month period in 2013, Stifel made mistakes in calculating how much money it needed on hand for its Proprietary Accounts of Introducing Brokers and Dealers (PAIB), a reserve account for broker-dealer assets, Finra alleges. “We are pleased to have reached a mutually acceptable agreement with Finra. We fully cooperated throughout the process and have modified our compliance policies to correct the situation,” Stifel CEO Ron Kruszewski said in an e-mailed statement. Under current securities law, broker-dealers using customer money as collateral for a loan must maintain a customer reserve account, which helps ensure funds are available to pay investors in the event of a firm's liquidation. Brokerages must compute the amount to go into the account on the last business day of the week and month. However, prior to computing reserves for the customer reserve account, Stifel swapped the loans for other loans secured with firm assets, which meant the firm didn't have to compute necessary reserves for the customer reserve account, according to Finra. If loans were again required the following week or month, the firm would collateralize the loans again with customer assets and repeat the practice, which is prohibited under current rules, the disciplinary action states. Such a practice potentially reduces the amount Stifel would need to keep in reserves to cover customer collateral, Finra says. The Department of Enforcement monitored Stifel's activity in this regard over a five-week period in 2012, and found in one instance that “had the substitution of customer securities not occurred, an additional deposit of approximately $36 million would have been required to fund the customer reserve account.” Separately, from March 2013 to November 2013, Stifel incorrectly calculated requirements for its PAIB, which led to eight “hindsight deficiencies,” meaning the firm didn't have enough money in its reserve deposit account, a violation of securities law, according to Finra. The hindsight deficiencies ranged from $825,000 to $18 million.

Latest News

AssetMark's Talk Tracks AI gives advisors a script for client calls
AssetMark's Talk Tracks AI gives advisors a script for client calls

The new AI feature generates instant client portfolio talking points, slashing meeting prep time for advisors.

Behind the Great Wealth Transfer: Citizens bets on business owners
Behind the Great Wealth Transfer: Citizens bets on business owners

As Citizens expands its advisory footprint, the bank is also going after wealth trapped inside business ownership

Forbes and Shook pull the plug on rankings, events, in 2026
Forbes and Shook pull the plug on rankings, events, in 2026

The Forbes rankings are highly sought after by some advisors and firms for marketing purposes.

Advisor moves: Cresset enters Boca Raton with $4 billion UBS team addition
Advisor moves: Cresset enters Boca Raton with $4 billion UBS team addition

Meanwhile, an advisor tuck-in from Edward Jones expands Kestra's Washington, D.C.-area presence, and Janney deepens its Connecticut footprint with an experienced Wells Fargo advisor.

Kovack Financial Network launches private succession platform for advisors
Kovack Financial Network launches private succession platform for advisors

KFN Succession Center pairs advisors weighing retirement with buyers, as next-gen affordability keeps eroding industry-wide.

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