SEC charges RIA with fiduciary failures

SEC charges RIA with fiduciary failures
Separate fee structures for unit investment trusts at the center of the charges against McDermott Investment Advisors
SEP 16, 2019
McDermott Investment Advisors and chief executive Dean McDermott have been charged by the Securities and Exchange Commission with defrauding clients by charging improper transaction costs related to unit investment trusts. According to the civil action filed Friday, the advisory firm, with offices in Pennsylvania and Florida, between March 2013 and December 2014, "unlawfully invested their clients in a version of a security that charged significant transactional sales charges when the identical security without these costs was available." The SEC claims Mr. McDermott and the firm violated their fiduciary duty by "failing to seek best execution on behalf of their clients," and for "failing to disclose to their clients the conflict of interest inherent in these transactions." According to the SEC, the advisory firm had access to two versions of unit investment trust, including a fee-based version for advisory clients and another version for retail broker-dealer clients who were not in an advisory program and paid for services on a per-transaction basis. Investors who purchased the more expensive retail version incurred two different charges, including a 0.5% "creation and development fee," which was paid to the UIT sponsor, as well as a transactional sales fee, approximately 90% of which went to the broker-dealer making the trade. Clients in fee-based accounts had those transactional charges of 2.45% to 3.45% waived. According to the SEC, from March 2013 to December 2014 the defendants purchased a total of 558,975 units of the more expensive standard UITs for clients, in approximately 169 advisory accounts, generating approximately $160,000 in "avoidable sales changes." Mr. McDermott did not respond to a request for comment for this story. According to the most recent Form ADV filing, McDermott Investment Advisors manages approximately $200 million in client assets. [Recommended video: Jim Crowley, a new sheriff in town?]

Latest News

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

Advisor moves: LPL lands $350M veteran advisor duo in Florida
Advisor moves: LPL lands $350M veteran advisor duo in Florida

Also, Raymond James's employee advisor channel adds breakaways from Wells Fargo and Stifel, while UBS welcomes an ex-Morgan Stanley duo in Indiana.

SEC accuses crypto firm founder of running $425 million Ponzi scheme
SEC accuses crypto firm founder of running $425 million Ponzi scheme

It promised guaranteed principal and 10% monthly returns. The SEC says it invested nothing.

MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products
MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products

Ten years after entering the fee-based annuity market, MassMutual Ascend says nearly half its lifetime sales came in the past two years alone – but barriers remain among fee-only advisors.

Fintech bytes: Wealth tech firms target advisor productivity with new integrations
Fintech bytes: Wealth tech firms target advisor productivity with new integrations

Amplify, WealthReach, Zeplyn and Zocks have unveiled partnerships aimed at automating portfolio management, content creation, account opening, and client communication.

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