SEC enforcement of advisers drops in Trump era

The agency pursued 82 cases against advisers and firms in fiscal year 2017, down from 98 the previous year.
NOV 15, 2017

The Securities and Exchange Commission has relaxed enforcement under the administration of President Donald J. Trump. In a report the agency released Wednesday evening, the SEC stated that in fiscal year 2017 it pursued 82 standalone cases against investment advisers and firms, down from 98 the previous year. These exclude follow-up proceedings or cases based on delinquent regulatory filings. In total, the SEC filed 754 enforcement actions in fiscal year 2017, filing 114 fewer cases than it did in 2016. Last year, the SEC filed a record number of total enforcement actions across its purview — 868 — and collected more than $4 billion in disgorgement and penalties. This fiscal year, all told, parties involved in cases were ordered to pay a total of $3.8 billion in disgorgement and penalties. The total money collected by the SEC decreased nearly $300 million from the previous year. The agency attributed the decline to 84 actions brought in 2016 as part of the Municipalities Continuing Disclosure Cooperation initiative, a self-reporting program targeted to misstatements and omissions in municipal bond offerings. In the report, Stephanie Avakian and Steven Peikin, co-directors of the SEC's enforcement division, laid out five core principles they said would guide decision-making behind their approach to enforcement. The agency would focus on protecting the long-term interests of retail investors; pursuing individual wrongdoers; keeping pace with technological change; imposing sanctions on a case-by-case basis rather than a "formulaic or statistics-oriented approach;" and constantly assessing the division's allocation of resources. "We do not face a binary choice between protecting Main Street and policing Wall Street," Ms. Avakian and Mr. Peikin wrote in the report. "Simply stated, our oversight of Wall Street is most effective, and protects those who need it most, when viewed through a lens focused on retail investors." The agency's Retail Strategy Task Force, focused on the type of misconduct that often targets retail investors, aims to use technology and data analytics to identify large-scale wrongdoing. Established in late September, the retail task force won't pursue cases itself but will advise its enforcement colleagues about where to focus their efforts.

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