Regulation, Legal & Compliance

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SEC halts alleged fraud scheme that ripped off New Mexico seniors
REGULATION, LEGAL & COMPLIANCE AUG 13, 2021
SEC halts alleged fraud scheme that ripped off New Mexico seniors

The Securities and Exchange Commission alleges the funds solicited from elderly clients were used on 'lavish personal expenses,' including homes in New York and Santa Fe.

By Mark Schoeff Jr.
GOP challenges SEC chief's bid to regulate cryptocurrency
ALTERNATIVES AUG 12, 2021
GOP challenges SEC chief's bid to regulate cryptocurrency

Rep. Patrick McHenry, R-N.C., argues that Gensler’s appeal to Congress for jurisdiction over cryptocurrency regulation is a 'power grab.'

By Nicole Casperson
Senate vote gives advocates for real estate tax break hope of protecting it
ALTERNATIVES AUG 12, 2021
Senate vote gives advocates for real estate tax break hope of protecting it

Lawmakers could decide to limit like-kind property exchanges as a way to pay for Biden administration spending priorities.

By Mark Schoeff Jr.
Plaintiffs make a splash in SeaWorld 401(k) lawsuit
RETIREMENT PLANNING AUG 12, 2021
Plaintiffs make a splash in SeaWorld 401(k) lawsuit

The class action calls out the plan's fees for investments, record keeping and financial advice.

By Emile Hallez
Woodbury, Hartford on hook in $100,000 claim after stepson steals from stepdad
REGULATION, LEGAL & COMPLIANCE AUG 12, 2021
Woodbury, Hartford on hook in $100,000 claim after stepson steals from stepdad

Advisory firms for years have continued to be plagued by imposters seeking access to clients' accounts.

By Bruce Kelly
Maryland securities chief to lead NASAA in 2021-22
PRACTICE MANAGEMENT AUG 12, 2021
Maryland securities chief to lead NASAA in 2021-22

Melanie Senter Lubin will start a one-year term as president of the North American Securities Administrators Association in September.

By InvestmentNews
Flood of Bitcoin ETF filings  but cooling demand for funds
ALTERNATIVES AUG 12, 2021
Flood of Bitcoin ETF filings but cooling demand for funds

Digital asset investment products from Grayscale, Bitwise, 21Shares and others saw outflows for the fifth straight week, the longest such streak since January 2018.

By Bloomberg
How much does Schwab's cash sweep really cost clients?
FINTECH AUG 12, 2021
How much does Schwab's cash sweep really cost clients?

A new study by the research firm Backend Benchmarking estimates the high cash allocation in the company's automated portfolios may have cost investors more than $500 million over six years.

By Nicole Casperson
Advisers want Congress to restore the SALT deduction
REGULATION, LEGAL & COMPLIANCE AUG 11, 2021
Advisers want Congress to restore the SALT deduction

Lawmakers will wrestle with tax relief and increases for the wealthy as they put together a $3.5 trillion budget bill. SALT relief targets the $10,000 limit on the deduction for state and local taxes implemented under the 2017 tax reform.

By Mark Schoeff Jr.
VA settlement could lead RIAs, insurers, states to ramp up oversight
RETIREMENT PLANNING AUG 11, 2021
VA settlement could lead RIAs, insurers, states to ramp up oversight

The case shows California is paying attention to annuity recommendations made through RIAs, and other state insurance departments could follow its lead. The settlement could also lead insurers and licensed third parties that work with RIAs to scrutinize recommendations more carefully, if they don't already vet them closely.

By Emile Hallez
Finra targets options trading in latest exam sweep
ALTERNATIVES AUG 11, 2021
Finra targets options trading in latest exam sweep

The regulator is probing how brokerages approve and monitor options trading for customers and is requesting information pertaining to self-directed accounts and accounts in which a registered representative made recommendations.

By Mark Schoeff Jr.
Gensler seeks Warren's help in crypto exchange crackdown
ALTERNATIVES AUG 11, 2021
Gensler seeks Warren's help in crypto exchange crackdown

The SEC chairman tells Sen. Warren that lawmakers should give watchdogs clear powers to write rules for exchanges, including DeFi trading venues.

By Bloomberg
SEC's Gensler takes to Twitter to push mandatory climate disclosures
REGULATION, LEGAL & COMPLIANCE AUG 10, 2021
SEC's Gensler takes to Twitter to push mandatory climate disclosures

The SEC leader used an analogy inspired by the 2020 Olympic Games to support increased public-company reporting. 'It's time for the Commission to take the baton,' he posted on Twitter.

By Mark Schoeff Jr.
SEC accuses adviser of scamming $700,000 from sect members
REGULATION, LEGAL & COMPLIANCE AUG 10, 2021
SEC accuses adviser of scamming $700,000 from sect members

Evarist Amah of New Rochelle, New York, is charged with producing phony statements to fleece co-religionists.

By InvestmentNews
Morgan Stanley liable for trading Apple stock without customer's consent
REGULATION, LEGAL & COMPLIANCE AUG 09, 2021
Morgan Stanley liable for trading Apple stock without customer's consent

The three-person, all-public panel awarded the investor $640,747, mostly in compensatory damages, but denied punitive damages, according to a Finra arbitration award.

By Mark Schoeff Jr.
Nasdaq wins SEC support for plan to diversify boards
PRACTICE MANAGEMENT AUG 07, 2021
Nasdaq wins SEC support for plan to diversify boards

The exchange will direct its listed companies to pursue board diversity — by having at least one female board member and at least one who identifies as a member of an underrepresented minority or LGBTQ — or explain why they don’t.

By Bloomberg
Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election
REGULATION, LEGAL & COMPLIANCE AUG 06, 2021
Why adviser groups won't completely shun lawmakers who voted to overturn the 2020 election

The Investment Adviser Association isn't giving to the 147 legislators who voted to decertify presidential results. The Investment Company Institute has suspended donations for now. Other groups left the door open.

By Mark Schoeff Jr.
Washington state testing long-term care program
RETIREMENT PLANNING AUG 06, 2021
Washington state testing long-term care program

The effort, WA Cares, is the first of its kind in the US and could serve as a model for other states.

By Emile Hallez
Digital asset proposal puts spotlight on crypto taxes
ALTERNATIVES AUG 05, 2021
Digital asset proposal puts spotlight on crypto taxes

The provision, tucked inside a massive infrastructure bill, would require tax reporting for transactions similar to securities. The measure seeks to ensure that details about digital transactions — such as purchase price, gains and losses — are reported to the IRS.

By Mark Schoeff Jr.
Gensler comments open floodgates for Bitcoin fund filings
ETFS AUG 05, 2021
Gensler comments open floodgates for Bitcoin fund filings

The SEC chairman's nod toward '40 Act crypto funds is the only opening the ETF space needed.

By Jeff Benjamin