Regulation And Legislation

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Former UBS adviser pleads guilty to $5.8 million fraud
REGULATION AND LEGISLATION APR 18, 2022
Former UBS adviser pleads guilty to $5.8 million fraud

South Florida resident German Nino, who faces up to 60 years in jail, is scheduled for sentencing in June.

By InvestmentNews
Supreme Court rejects state challenge to SALT deduction cap
REGULATION AND LEGISLATION APR 18, 2022
Supreme Court rejects state challenge to SALT deduction cap

The court refused to review a New York-led constitutional challenge to the $10,000 cap on state and local tax deductions imposed in the 2017 tax law.

By Bloomberg
Has the SEC reached peak politicization?
REGULATION AND LEGISLATION APR 18, 2022
Has the SEC reached peak politicization?

The SEC's growing political rift reflects Washington's widening partisanship and threatens to diminish the agency's stature.

By Mark Schoeff Jr.
Industry groups want DOL to withdraw guidance on use of cryptocurrency
RETIREMENT PLANNING APR 15, 2022
Industry groups want DOL to withdraw guidance on use of cryptocurrency

The agency's cautioning against using crypto in retirement accounts violates current law and sidesteps public input, the trade associations argue.

By Mark Schoeff Jr.
Fiduciary advocates raise alarm about SEC limits on term 'fiduciary'
REGULATION AND LEGISLATION APR 14, 2022
Fiduciary advocates raise alarm about SEC limits on term 'fiduciary'

In a set of frequently asked questions about Form CRS, the SEC cautions investment advisers about saying that they're held to a fiduciary standard.

By Mark Schoeff Jr.
Finra arbitrators award former Morgan Stanley broker $900,000
WIREHOUSES APR 13, 2022
Finra arbitrators award former Morgan Stanley broker $900,000

The former rep, Joseph C. DeNicola, alleged wrongful termination, defamation and unpaid compensation.

By Mark Schoeff Jr.
Advisers cheer SECURE 2.0 and renewed focus on retirement savings
RETIREMENT PLANNING APR 12, 2022
Advisers cheer SECURE 2.0 and renewed focus on retirement savings

The proposed legislation's popular provisions include increasing the RMD age to 75 and allowing employers to match student loan payments with retirement plan contributions.

By Mark Schoeff Jr.
Goldman women pick lawsuit over arbitration but many abstain
REGULATION AND LEGISLATION APR 12, 2022
Goldman women pick lawsuit over arbitration but many abstain

Almost everyone who’s responded wants to stay in court. But half of the group didn’t respond at all, which means they’re leaving the lawsuit.

By Bloomberg
Trade associations raise concerns about SEC’s cybersecurity proposal
FINTECH APR 11, 2022
Trade associations raise concerns about SEC’s cybersecurity proposal

Investment Adviser Association, American Securities Association say advisers need more than 48 hours to report breaches to SEC.

By Mark Schoeff Jr.
Wells Fargo Advisors fires back in Georgia court dispute over arb decision
WIREHOUSES APR 08, 2022
Wells Fargo Advisors fires back in Georgia court dispute over arb decision

In its appeal, the firm argues that the judge was wrong and that the arbitration decision it had initially won against a client should stand.

By Bruce Kelly
SEC ruling reignites spot US bitcoin ETF approval debate
ALTERNATIVES APR 08, 2022
SEC ruling reignites spot US bitcoin ETF approval debate

The agency gave its blessing to the Teucrium Bitcoin Futures Fund application which was filed under the Securities Act of 1933.

By Bloomberg
Made a killing in crypto? Your tax bill is coming due
ALTERNATIVES APR 07, 2022
Made a killing in crypto? Your tax bill is coming due

Digital tokens like Bitcoin and Ethereum are classified as property by the Internal Revenue Service and taxed like stocks and bonds.

By Mark Schoeff Jr.
Pelosi adviser among Biden's nominees for SEC commissioner slots
PRACTICE MANAGEMENT APR 06, 2022
Pelosi adviser among Biden's nominees for SEC commissioner slots

President Joe Biden plans to nominate Jaime Lizarraga, a senior adviser to House Speaker Nancy Pelosi, and Mark Uyeda, who has spent a chunk of his career at the SEC.

By Bloomberg
Partisan split dims outlook for retirement bill approved by House panel
RETIREMENT PLANNING APR 06, 2022
Partisan split dims outlook for retirement bill approved by House panel

Many provisions in the House Education and Labor Committee bill have only Democratic backing, which reduces their chances of being part of a bigger retirement savings measure later this year.

By Mark Schoeff Jr.
Finra bars ex-Cetera rep who used clients’ money for own family's investments
PRACTICE MANAGEMENT APR 06, 2022
Finra bars ex-Cetera rep who used clients’ money for own family's investments

The broker, Marianne O'Shee Smith, a 34-year veteran of the securities industry, used $45,100 she had received from three customers, all senior citizens.

By Bruce Kelly
Democrat Joe Manchin opposes SEC’s climate proposal
REGULATION AND LEGISLATION APR 05, 2022
Democrat Joe Manchin opposes SEC’s climate proposal

The senator expresseed concern that the proposal would unfairly burden carbon-intensive energy companies.

By Emile Hallez
Ex-BofA employees among 6 banned by Fed over Covid loan fraud
REGULATION AND LEGISLATION APR 05, 2022
Ex-BofA employees among 6 banned by Fed over Covid loan fraud

The Federal Reserve banned the former bank employees for fraudulently obtaining loans designed to provide economic relief to small businesses during the pandemic.

By Bloomberg
Wells Fargo agrees to pay $32.5 million to settle 401(k) lawsuit
REGULATION AND LEGISLATION APR 05, 2022
Wells Fargo agrees to pay $32.5 million to settle 401(k) lawsuit

The settlement, filed in U.S. District Court for the District of Minnesota, relates to the 401(k) plan's use of the bank's own offerings.

By InvestmentNews
Supreme Court ruling could add uncertainty in Finra arbitration
REGULATION AND LEGISLATION APR 04, 2022
Supreme Court ruling could add uncertainty in Finra arbitration

Petitions to confirm or vacate awards are now more likely to be heard in state courts, where judges tend to be more skeptical of arbitration than their federal counterparts.

By Mark Schoeff Jr.
Court orders former investment adviser to pay $530,000 in fraud case
REGULATION AND LEGISLATION APR 01, 2022
Court orders former investment adviser to pay $530,000 in fraud case

Massachusetts adviser Richard Duncan got two clients to invest in a scam that originated in Turkey.

By InvestmentNews