Regulation And Legislation

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Despite a $5.2M YES arb loss, its biggest yet, UBS may keep fighting
NEWS ALTERNATIVES SEP 26, 2022
Despite a $5.2M YES arb loss, its biggest yet, UBS may keep fighting

It's been win some, lose some for UBS as it defends its complex options strategy, but lately investors seem to be prevailing more.

By Mark Schoeff Jr.
Finra investigates David Lerner’s son over sales of in-house funds
NEWS ALTERNATIVES SEP 26, 2022
Finra investigates David Lerner’s son over sales of in-house funds

Daniel Lerner, who's executive vice president of investor services at David Lerner Associates, faces potential disciplinary action over sales of energy funds.

By Bruce Kelly
GOP agenda includes pressuring SEC, advancing tax legislation
NEWS REGULATION AND LEGISLATION SEP 23, 2022
GOP agenda includes pressuring SEC, advancing tax legislation

The Republican party is favored to win the House in November's election. But even with control of that chamber, the legislative path for GOP bills is perilous.

By Mark Schoeff Jr.
SEC charges former CNBC guest analyst with $3 million fraud
NEWS REGULATION AND LEGISLATION SEP 23, 2022
SEC charges former CNBC guest analyst with $3 million fraud

U.S. Attorney’s Office files a parallel criminal charge against James McDonald, who is believed to be in hiding.

By InvestmentNews
New NASAA leader wants Reg BI to give investors ‘best bang for buck’
NEWS REGULATION AND LEGISLATION SEP 22, 2022
New NASAA leader wants Reg BI to give investors ‘best bang for buck’

Andrew Hartnett, who's deputy administrator for securities in Iowa's Insurance Division, has put assessing the broker conduct standard at the top of his priority list at NASAA.

By Mark Schoeff Jr.
'Central Park Karen' lawsuit over firing thrown out
NEWS PRACTICE MANAGEMENT SEP 21, 2022
'Central Park Karen' lawsuit over firing thrown out

Judge rejects Amy Cooper's suit against Franklin Resources in which she claimed racial and sexual discrimination and defamation.

By Bloomberg
State regulators see decline in enforcement actions
NEWS REGULATION AND LEGISLATION SEP 21, 2022
State regulators see decline in enforcement actions

But NASAA reports increase in both fines and restitution in 2021, with states collecting $145 million in fines and returning $312 million to investors.

By Mark Schoeff Jr.
CEO Scharf sees 'several years' of regulatory work ahead for Wells Fargo
NEWS WIREHOUSES SEP 20, 2022
CEO Scharf sees 'several years' of regulatory work ahead for Wells Fargo

The bank remains committed to turning itself around after a series of scandals, but implementing all its plans will take time, Scharf said in prepared testimony for a congressional committee hearing.

By Bloomberg
NASAA model rules let advisers maintain licenses while out of industry
NEWS PRACTICE MANAGEMENT SEP 20, 2022
NASAA model rules let advisers maintain licenses while out of industry

The move aligns state policy with a Finra initiative that extended the grace from two to five years as long as brokers stay current on continuing education.

By Mark Schoeff Jr.
Morgan Stanley hit with $35 million SEC fine over data security
NEWS FINTECH SEP 20, 2022
Morgan Stanley hit with $35 million SEC fine over data security

When the bank replaced hard drives and servers, it improperly disposed of thousands of devices, compromising the personal data of about 15 million clients.

By Bloomberg
SEC to probe whether advisers can back up ads in marketing-rule reviews
NEWS PRACTICE MANAGEMENT SEP 19, 2022
SEC to probe whether advisers can back up ads in marketing-rule reviews

A risk alert released Monday gives advisers a preview of how the agency will assess compliance with the regulation, which overhauls advertising restrictions for the first time in 60 years.

By Mark Schoeff Jr.
State regulators say Finra expungement reform falls short
NEWS REGULATION AND LEGISLATION SEP 19, 2022
State regulators say Finra expungement reform falls short

Finra's rule proposal would tighten the process for clearing customer disputes from broker records, but NASAA is not yet on board.

By Mark Schoeff Jr.
Judge orders SEC to settle with alleged Philly loan scheme: Report
NEWS ALTERNATIVES SEP 19, 2022
Judge orders SEC to settle with alleged Philly loan scheme: Report

Last week, Judge Rodolfo Ruiz gave the SEC 10 days to negotiate a settlement with Par Funding founders Joseph LaForte and his wife, Lisa McElhone.

By Bruce Kelly
Fast start on rules creates perception Gensler’s agenda eclipses predecessors’
NEWS REGULATION AND LEGISLATION SEP 16, 2022
Fast start on rules creates perception Gensler’s agenda eclipses predecessors’

The SEC chief wants to wring cost savings out of the middle of the financial markets, where intermediaries make money.

By Mark Schoeff Jr.
ETFs that track stock trades of members of Congress planned
NEWS MUTUAL FUNDS SEP 16, 2022
ETFs that track stock trades of members of Congress planned

A pair of exchange-traded funds would analyze the financial disclosure of lawmakers from both parties and their spouses and dependent children.

By Bloomberg
Democratic state treasurers blast anti-ESG counterparts
NEWS ESG SEP 15, 2022
Democratic state treasurers blast anti-ESG counterparts

A group of 13 signed an open letter that calls out moves against ESG criteria being used in investing public money as politically motivated.

By Emile Hallez
SEC slaps B-D with $100,000 penalty for not registering as muni adviser
NEWS FIXED INCOME SEP 15, 2022
SEC slaps B-D with $100,000 penalty for not registering as muni adviser

Chicago’s Loop Capital Markets helped an unnamed Midwestern city buy fixed-income securities.

By InvestmentNews
Gensler stands ground on climate disclosure despite lawmaker concerns
NEWS ESG SEP 15, 2022
Gensler stands ground on climate disclosure despite lawmaker concerns

The top Republican on the Senate Banking Committee pressed the SEC chair to scrap an agency proposal to require climate reporting by public companies.

By Mark Schoeff Jr.
Oppenheimer points to arbitrator's military service as conflict: Attorney
NEWS REGULATION AND LEGISLATION SEP 15, 2022
Oppenheimer points to arbitrator's military service as conflict: Attorney

Oppenheimer's charge of "evident partiality" by an arbitrator in the $36.7 million decision it lost last week revisits the question of fairness in arbitration proceedings.

By Bruce Kelly
Why has Knut Rostad lost faith in the SEC?
NEWS REGULATION AND LEGISLATION SEP 14, 2022
Why has Knut Rostad lost faith in the SEC?

During Fiduciary September, the head of the Institute for the Fiduciary Standard worries that the SEC is eroding the standard.

By Mark Schoeff Jr.