RIA firm to pay $18M+ after SEC financial conflicts charges

RIA firm to pay $18M+ after SEC financial conflicts charges
Regulator says multiple conflicts were not disclosed over 5-year period.
SEP 27, 2023

A registered investment advisory firm has agreed to pay at least $18 million after being charged by the SEC for failing to disclose multiple financial conflicts of interest.

The regulator said that AssetMark Inc. did not disclose that it helped set the fee that its affiliate custodian received for operating a cash sweep program, where uninvested cash was moved into interest-earning bank accounts. The SEC said this happened from at least September 2016 to January 2021.

Additionally, the SEC’s order found that the California-headquartered wealth firm received custodial support payments from some third-party custodians based on assets held in certain no-transaction-fee mutual funds. However, the firm did not tell clients that, in some cases, they could have opted for lower fee share classes with lower expense ratios that would not have made payments to AssetMark.

The order says that the firm violated the anti-fraud and compliance provisions of the Investment Advisers Act.

$19 MILLION PAYMENT

While AssetMark did not admit or deny the SEC’s findings, it agreed to pay a civil penalty of $9.5 million and disgorgement and prejudgment interest of more than $8.5 million.

The firm also agreed to a cease-and-desist order requiring it to be censured and comply with certain undertakings.

“Investment advisers have a fundamental duty to disclose conflicts between their own financial interests and those of their clients,” said Andrew Dean, co-chief of the SEC enforcement division's asset management unit. “Here, AssetMark failed to disclose multiple financial conflicts of interest where AssetMark and its affiliated custodian reaped significant financial benefit from decisions it made.”

Latest News

How AI search aided scam from phony NFL player, fake financial advisor
How AI search aided scam from phony NFL player, fake financial advisor

Daejon Love and Taylor Chan's $1.3 million romance fraud scheme exposes how AI search engines can be manipulated by fabricated online identities

Schwab ordered to pay clients $1.34 million in crypto dispute involving elderly client
Schwab ordered to pay clients $1.34 million in crypto dispute involving elderly client

“It was a third party scam,” said the attorney representing the claimants.

RIA moves: Mercer adds to Atlanta presence with veteran advisor from Northern Trust
RIA moves: Mercer adds to Atlanta presence with veteran advisor from Northern Trust

Meanwhile, &Partners draws another Commonwealth practice, and Wealthcare welcomes a $550 million planning practice in the Northeast.

CogniCor adds wealthtech veterans to board in renewed RIA push
CogniCor adds wealthtech veterans to board in renewed RIA push

Palo Alto AI platform recruits RIA and fintech leaders as industry data show AI adoption reshaping advisor staffing.

Advisor moves: Merrill draws $1.2 billion UBS team in New Mexico
Advisor moves: Merrill draws $1.2 billion UBS team in New Mexico

Meanwhile, Raymond James, Wedbush, and LPL recruited veteran advisors from across Texas, North Carolina, and California.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income