Regulation, Legal & Compliance

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Latest levered ETFs offer triple market performance — with a catch
EQUITIES APR 01, 2021
Latest levered ETFs offer triple market performance — with a catch

The flipside of the new Innovator Capital Management products is the performance is capped and they can be more expensive than some of the cheaper indexed options.

By Jeff Benjamin
Interactive Brokers, Schwab plan to fight $4.6 million arbitration award
REGULATION, LEGAL & COMPLIANCE MAR 31, 2021
Interactive Brokers, Schwab plan to fight $4.6 million arbitration award

The companies are concerned about bias on the arbitration panel. But an attorney for the claimants said the two failed to warn investors of red flags detected in their accounts.

By Mark Schoeff Jr.
SEC charges Kansas RIA with defrauding clients
REGULATION, LEGAL & COMPLIANCE MAR 31, 2021
SEC charges Kansas RIA with defrauding clients

The complaint also alleges that Douglas E. Elstun misled clients about his trading in high risk, daily leveraged and inverse exchange-traded funds by failing to disclose the substantial risks of buying and holding these products.

By InvestmentNews
Wall Street banks summoned by regulators over Hwang’s blowup
ALTERNATIVES MAR 30, 2021
Wall Street banks summoned by regulators over Hwang’s blowup

The Securities and Exchange Commission summoned the banks for hasty meetings on what triggered the forced sale of more than $20 billion of stocks linked to Hwang’s Archegos Capital Management.

By Bloomberg
Former rep sentenced to more than 17 years for defrauding clients
REGULATION, LEGAL & COMPLIANCE MAR 29, 2021
Former rep sentenced to more than 17 years for defrauding clients

He was suspended by the Certified Financial Planners Board of Standards in 2013, and was barred by the Financial Industry Regulatory Authority and the Pennsylvania Department of Banking in 2015.

By InvestmentNews
CFP's spring advertising campaign focuses on retirement planning
RETIREMENT PLANNING MAR 29, 2021
CFP's spring advertising campaign focuses on retirement planning

The CFP Board has spent $10 million each year on the campaign since its launch in 2011. The campaign is funded by an additional $12 per month that is added to the annual CFP certification fee.

By Mark Schoeff Jr.
State attorney general threatens to sue SEC over ESG disclosures
REGULATION, LEGAL & COMPLIANCE MAR 26, 2021
State attorney general threatens to sue SEC over ESG disclosures

State and federal GOP officials continue to push back against what they call regulatory overreach. The SEC says it is trying to meet investor demand for ESG information.

By Mark Schoeff Jr.
BlackRock settles 401(k) lawsuit for nearly $10 million
RETIREMENT PLANNING MAR 26, 2021
BlackRock settles 401(k) lawsuit for nearly $10 million

Plaintiffs sued BlackRock Institutional Trust Co. in 2017, alleging that the firm engaged in self-dealing and breached its fiduciary duty by including numerous in-house products on the plan menu.

By Emile Hallez
Edward Jones settles $34 million racial discrimination claim
PRACTICE MANAGEMENT MAR 26, 2021
Edward Jones settles $34 million racial discrimination claim

As part of the settlement, Edward Jones will create a new financial adviser council to address diversity issues and senior management will be kept informed of those initiatives.

By Bruce Kelly
Failure to overhaul cybersecurity for remote work creates regulatory risks
OPINION MAR 25, 2021
Failure to overhaul cybersecurity for remote work creates regulatory risks

Firms scrambling to enhance their policies and procedures should focus on the three most common weaknesses — device security, software vulnerabilities and data privacy.

By Stephen Marsh and Sid Yenamandra
Fidelity applies for Bitcoin ETF
ALTERNATIVES MAR 25, 2021
Fidelity applies for Bitcoin ETF

The company's proposed exchange-traded fund would track the cryptocurrency using pricing from U.S.-based exchanges including Bitstamp, Coinbase and Gemini.

By Bloomberg
Supreme Court case could determine weight to give best-interest statements
REGULATION, LEGAL & COMPLIANCE MAR 24, 2021
Supreme Court case could determine weight to give best-interest statements

Are Goldman Sachs' assertions that its 'clients' interests always come first' generic and aspirational or could they be the basis for a class-action suit?

By Mark Schoeff Jr.
Fed forming committee to prepare for climate risks
REGULATION, LEGAL & COMPLIANCE MAR 24, 2021
Fed forming committee to prepare for climate risks

The central bank wants to look at the dangers that a warming planet poses to the financial system.

By InvestmentNews
Senate confirms Marty Walsh to head Labor Department
REGULATION, LEGAL & COMPLIANCE MAR 23, 2021
Senate confirms Marty Walsh to head Labor Department

The Boston mayor, a former union leader, had the backing of the AFL-CIO.

By InvestmentNews
SEC claims phony rep sold $8.5 million of unregistered securities
REGULATION, LEGAL & COMPLIANCE MAR 23, 2021
SEC claims phony rep sold $8.5 million of unregistered securities

John W. Fisher, charged with fraud for his sales of Global 1 securities, faces civil penalties and disgorgement.

By InvestmentNews
Biden determined to tax rich after windfalls from Covid
REGULATION, LEGAL & COMPLIANCE MAR 22, 2021
Biden determined to tax rich after windfalls from Covid

There’s rising confidence at the White House that evidence of widening inequality will translate into broad popular support for a tax-the-wealthy strategy.

By Bloomberg
SEC webpage tracks agency's ESG activity
REGULATION, LEGAL & COMPLIANCE MAR 22, 2021
SEC webpage tracks agency's ESG activity

The site is part of the agencywide response to what the SEC says is soaring demand from investors for information about climate and ESG issues.

By Mark Schoeff Jr.
Wife to missing Atlanta adviser: 'Turn yourself in'
REGULATION, LEGAL & COMPLIANCE MAR 22, 2021
Wife to missing Atlanta adviser: 'Turn yourself in'

Chris Burns is facing mail fraud charges from an alleged scheme that defrauded dozens of clients of more than $10 million. "It’s time," Meredith Burns said in a TV interview. "He needs to be brought in for these crimes."

By Bruce Kelly
Hester Peirce pushes for personal liberty as an SEC voice of dissent
REGULATION, LEGAL & COMPLIANCE MAR 22, 2021
Hester Peirce pushes for personal liberty as an SEC voice of dissent

During her first three years on the commission, Peirce was part of a Republican majority. With the likely confirmation of Gary Gensler as SEC chair, Democrats will have the edge.

By Mark Schoeff Jr.
SEC's emphasis on ESG creates friction between members
REGULATION, LEGAL & COMPLIANCE MAR 19, 2021
SEC's emphasis on ESG creates friction between members

Republican Hester Peirce says ESG disclosure mandates undermine materiality and harm investors. Democrat Caroline Crenshaw says 'consistent, comparable' ESG disclosure helps investors.

By Mark Schoeff Jr.