Merrill insiders to receive $83 million in SEC whistleblower awards

Record payouts relate to information that helped the agency win a $415 million settlement in 2016
MAR 19, 2018
By  Bloomberg

Three Merrill Lynch insiders will get more than $83 million from the U.S. Securities and Exchange Commission — the biggest-ever payouts — for providing information that helped the agency bring a 2016 case against Bank of America Corp., their attorney said Monday. Two of the people will split $50 million and a third will get an award of more than $33 million for providing help in the same case, the SEC said in its statement Monday. The agency gave no information on the three tipsters or which company was involved in the case, citing federal law requiring protection of whistle-blowers' confidentiality. Jordan Thomas, an attorney with Labaton Sucharow, said he represented the Merrill insiders but declined to name them or say whether they still worked for the Bank of America unit. The three provided information that helped the SEC win a $415 million settlement with the bank in 2016 for engaging in complex transactions to reduce the amount of client funds that had to be set aside in reserve accounts. "By coming forward, these courageous executives protected millions of Merrill Lynch's customers, but their impact is far greater than that," Mr. Thomas said in a statement. "They are a shining example of integrity in action and will inspire others on Wall Street to break their silence." Mr. Thomas said "a substantial part" of the award will be donated to charities.

Unique Information

Whistleblowers can seek payouts if they voluntarily give the SEC unique information that leads to successful enforcement actions. Compensation can range from 10% to 30% of the money collected in a case beyond $1 million. The SEC said it has awarded more than $262 million since issuing its first award in 2012. The previous record for a single payment was $30 million. The 2016 case focused on violations of the SEC's customer protection rule. Merrill Lynch engaged in trades from 2009 to 2012 that artificially reduced the amount of customer funds that had to be set aside, the SEC said. The transactions "lacked economic substance" and allowed Merrill Lynch to finance its own trading activities, according to the agency. Bank of America admitted wrongdoing in the case. Bill Halldin, a spokesman for the bank, declined to comment on Monday. Mr. Thomas, who helped develop the SEC's whistleblower program while working in the agency's enforcement unit, created Labaton Sucharow's practice representing tipsters after joining the New York-based firm in 2011. (More: Whistleblower said to collect $30 million in JPMorgan case)

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave