Commonwealth Financial fires back at SEC charges of conflicts of interest

Firm says clients were not deceived by alleged conflicts over revenue-sharing
OCT 03, 2019
Commonwealth Financial Network earlier this week shot back at charges from the SEC that it failed to disclose material conflicts of interest related to revenue-sharing. Commonwealth Financial's clients were not deceived by any fee payments or revenue-sharing payments, according to the firm's court filing on Monday. And the SEC complaint "fails to allege any statutory or regulatory obligation requiring an adviser to always select the lowest-priced or lowest-cost share class," according to filing, which was Commonwealth's formal response to the SEC's charges. [Recommended video: Financial planning wasn't even a thing 50 years ago] The firm has about $85 billion in advisory assets under management and 2,300 investment adviser reps. In August, a Securities and Exchange Commission complaint alleged that since at least 2007, Commonwealth had had a revenue-sharing agreement with clearing broker National Financial Services, or NFS, an affiliate of Fidelity Investments, that Commonwealth required most of its adviser clients to use for trades in their accounts. Under the terms of the agreement, Commonwealth received a portion of the money that some mutual fund companies paid to NFS to trade on the platform if the money was invested in certain fund share classes, according to the SEC. The SEC claimed Commonwealth breached its fiduciary duty by failing to tell its clients that they could have invested in less-expensive share classes. The SEC has been cracking down on share-class disclosure by brokerage firms. In March, the SEC said that 79 investment firms had agreed to return $125 million to clients to whom they had sold inappropriate high-fee mutual funds. It is rare for a firm, particularly one of the size and stature of Commonwealth Financial Network, to engage in a public legal fracas with its federal regulator, the SEC. But in the response to the SEC's allegations that it filed Monday, Commonwealth showed it is far from fearful when rebuking the SEC's claims. The SEC complaint "fails to allege facts supporting the existence of conflicts of interest," the court filing said. The SEC complaint also fails to allege that information about the revenue-sharing paid by NFS regarding specific mutual fund share classes was available to Commonwealth Financial's reps and advisers using the platform or its internal teams managing investment portfolios for clients, according to the filing. "Nor does the complaint allege that anyone affiliated with or employed by Commonwealth tracked which particular funds or share classes paid higher or lower revenue sharing in order to influence the selection of funds and share classes by Commonwealth's independent and internal advisor personal," the court filing 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.