SEC agrees on Wall Street WhatsApp settlement, says Reuters

SEC agrees on Wall Street WhatsApp settlement, says Reuters
Report says that the deals are now being considered by the firms involved.
SEP 28, 2023

The Securities and Exchange Commission is finalizing settlements with about two dozen Wall Street firms to resolve probes into lapses in record keeping, Reuters reported. 

The settlements are with investment advisers and broker-dealers, according to the report, which cited people familiar with the matter. It marks the latest enforcement action in the regulator’s two-year crackdown on Wall Street’s use of WhatsApp and other messaging apps. 

Fines tied to unauthorized communications on Wall Street have already topped $2.5 billion. A slew of firms, including some of the biggest names in asset management, private equity and hedge funds, have been quizzed about the use of unofficial channels. 

As part of the settlements, Reuters reported that firms will admit wrongdoing and utilize independent contractors as part of the commitment to fix the lapses. Roughly two dozen firms are involved, the report said, with some paying as much $50 million.

Details on some deals are expected by Sept. 30, ahead of the SEC’s fiscal year-end, according to the report. An SEC spokesperson declined to comment to Reuters.

A wide swath of firms have disclosed that regulators are looking at their messaging practices, including private equity titans Apollo Global Management Inc. and Carlyle Group Inc. Other notable companies that have already been fined hundreds of millions of dollars include Wells Fargo & Co., BNP Paribas, Bank of America Corp., Citigroup Inc. and Goldman Sachs Group Inc. 

Who’s on Notice     
Company SourceAgencyFocus
Apollo Global Management Inc. 10-QSECElectronic messaging channels
BlackRock Inc. 10-QSECRecord retention requirements
Blackstone Inc. 10-QSECRetention of electronic business communications
Carlyle Group Inc. 10-QSECWhatsApp, WeChat and similar applications
Citadel BNSECUnapproved channels
Fifth Third Bancorp 10-QSEC, CFTCSettlement talks underway
Interactive Brokers Group Inc. 10-QSEC, CFTCRecords preservation requirements
Invesco Ltd. 10-QSECInvestment advisers
Jones Financial Cos. 10-QSECUnapproved devices, platforms
KeyCorp 10-QSEC, CFTCBroker-dealer, investment advisers 
KKR & Co.  10-QSECBusiness-related electronic communications
LPL Financial Holdings Inc. 10-QSECPersonal devices and messaging platforms
Oppenheimer Holdings Inc. 10-QSEC, CFTCBroker-dealer, investment advisers
Point72 Asset Management  BNSECUnapproved channels
Robinhood Markets Inc. 10-QSEC, FinraBrokerage communications
TPG Inc. 10-QSECRetention of electronic communications
Truist Financial Corp. 10-QSEC, CFTCBroker-dealer, investment adviser, swap dealer 
US Bancorp 10-QSECBroker-dealer, investment adviser
Voya Financial Inc. 10-QSECUnapproved channels

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