Regulation And Legislation

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Supreme Court limits SEC’s ability to mete out 'financial ruin' via disgorgement
REGULATION AND LEGISLATION JUN 23, 2020
Supreme Court limits SEC’s ability to mete out 'financial ruin' via disgorgement

The ruling upholds the agency's right to claw back ill-gotten gains as long as they’re from net profits of fraudulent schemes

By Mark Schoeff Jr.
Leading with ethics, in person and online
OPINION JUN 23, 2020
Leading with ethics, in person and online

A recent study found advisers with more ethics training are one-fourth less likely to participate in unethical behaviors

By Keith Harder
Thomas Gira, head of Finra market regulation, dead at 58
PRACTICE MANAGEMENT JUN 23, 2020
Thomas Gira, head of Finra market regulation, dead at 58

The executive had worked at the Financial Industry Regulatory Authority Inc. for nearly three decades

By InvestmentNews
Fintechs zero in on Reg BI as deadline looms
FINTECH JUN 23, 2020
Fintechs zero in on Reg BI as deadline looms

Technology providers are deploying tools to help advisers brace for new regulatory requirements

By Nicole Casperson
Court enters final judgment in fraudster Caplitz case
REGULATION AND LEGISLATION JUN 23, 2020
Court enters final judgment in fraudster Caplitz case

The sons of his partner were ordered to pay back almost $488,000

By InvestmentNews
Rising global risks could challenge market exuberance
EQUITIES JUN 23, 2020
Rising global risks could challenge market exuberance

Threats to the equity rally include a COVID second wave, U.S.-China tensions and the prospect that central banks will wind down their stimulus efforts

By Bloomberg
Clayton's possible departure unlikely to disrupt Reg BI
REGULATION AND LEGISLATION JUN 22, 2020
Clayton's possible departure unlikely to disrupt Reg BI

The SEC chair has placed much political capital into reforming the agency's rules

By Mark Schoeff Jr.
The push to allow CITs in 403(b)s
RETIREMENT PLANNING JUN 22, 2020
The push to allow CITs in 403(b)s

A bipartisan bill to amend the Internal Revenue Code hints at more attention to the issue, according to a report from Morningstar

By Emile Hallez
Supreme Court limits power of SEC to recoup illegal gains
REGULATION AND LEGISLATION JUN 22, 2020
Supreme Court limits power of SEC to recoup illegal gains

The ruling came in a lawsuit brought by a California couple ordered to pay $27 million after being found to have defrauded investors

By Bloomberg
SEC Chairman Clayton advised to drop bid for U.S. attorney
PRACTICE MANAGEMENT JUN 22, 2020
SEC Chairman Clayton advised to drop bid for U.S. attorney

The dispute between Attorney General Barr and Geoffrey Berman has cast a shadow over Clayton's nomination for the position

By Bloomberg
Opening defined-contribution plans to private equity is a mistake
OPINION JUN 21, 2020
Opening defined-contribution plans to private equity is a mistake

U.S. regulators dropped the ball in a recent letter clarifying that regulations do not prohibit the use of private equity funds in 401(k) plans

By InvestmentNews
Trump to nominate SEC Chairman Clayton as U.S. Attorney in New York
REGULATION AND LEGISLATION JUN 19, 2020
Trump to nominate SEC Chairman Clayton as U.S. Attorney in New York

Jay Clayton would replace Geoffrey Berman, who is exiting after 2½ years in the job

By Bloomberg
Borzi challenges SEC to use Reg BI to attack revenue sharing conflicts
MUTUAL FUNDS JUN 19, 2020
Borzi challenges SEC to use Reg BI to attack revenue sharing conflicts

The architect of the DOL fiduciary rule remains skeptical of the SEC measure

By Mark Schoeff Jr.
Benefits administrators plead guilty to $15 million embezzlement
RETIREMENT PLANNING JUN 19, 2020
Benefits administrators plead guilty to $15 million embezzlement

The Texas couple made 90 unauthorized distributions from pension and retirement plans they ran

By InvestmentNews
SEC nominee Crenshaw brings deep knowledge of agency, Reg BI
PRACTICE MANAGEMENT JUN 19, 2020
SEC nominee Crenshaw brings deep knowledge of agency, Reg BI

The Democratic choice is likely to be paired with Republican Hester Peirce in the confirmation process

By Mark Schoeff Jr.
Finra board approves enforcement tech upgrade
PRACTICE MANAGEMENT JUN 18, 2020
Finra board approves enforcement tech upgrade

The panel also advanced a proposal to target exam cheating and pledged to increase the diversity of its membership

By Mark Schoeff Jr.
After almost a decade of fighting, the SEC and Ray Lucia finally settle
RIA NEWS JUN 18, 2020
After almost a decade of fighting, the SEC and Ray Lucia finally settle

The 'Buckets of Money' adviser can apply to work in the securities industry again

By Bruce Kelly
Labor Department gathers information on how retirement plans use ESG funds
RETIREMENT PLANNING JUN 17, 2020
Labor Department gathers information on how retirement plans use ESG funds

The agency is likely collecting data to shape a proposed rule on investment selection

By Mark Schoeff Jr.
401(k) suit against Neuberger Berman's plan committee settled for $17M
RETIREMENT PLANNING JUN 17, 2020
401(k) suit against Neuberger Berman's plan committee settled for $17M

The investment manager's plan included a poorly performing, high-fee product, the plaintiff alleged

By Emile Hallez
Fed purchases reshape market for bond ETFs
MUTUAL FUNDS JUN 16, 2020
Fed purchases reshape market for bond ETFs

Cash is flooding into fixed-income ETFs at a record pace and interest in betting against both high-grade and junk funds has dissolved

By Bloomberg