LPL ordered to pay $2M in restitution

Massachusetts Securities Division seeks payment to investors who bought shares of nontraded real estate investment trusts
APR 26, 2013
LPL Financial LLC was hit with an order last week by the Massachusetts Securities Division to pay restitution of more than $2 million to investors who bought shares of nontraded real estate investment trusts. Massachusetts regulators also hit LPL with a $500,000 administrative fine over the matter, which involved investors who bought shares of several different nontraded REITs in violation of state limitations, and the company's own rules and procedures. LPL also has agreed to review all nontraded REITs sold in Massachusetts, and offered to make restitution to all other investors who bought the securities in violation of state limits or company rules. “LPL worked cooperatively with the Commonwealth of Massachusetts to appropriately resolve all of the issues raised, and we are glad to put this matter behind us,” company spokeswoman Betsy Weinberger said. “Under the terms of the consent agreement, certain customers, at their discretion, will have an opportunity to sell their shares of nontraded REITs to LPL or its designee for the price they originally paid.” LPL Financial and Ameriprise Financial Inc. are the two biggest sellers of nontraded REITs, accounting for almost 20% of the industry's annual sales of $10 billion. Regulators recently put the nontraded REITs on close watch, as a number of the largest REITs have suffered sharp devaluations. When asked on a conference call with investors and analysts last Wednesday if the company expects that other states will examine the firm's REIT sales, LPL chief executive Mark Casady said: “We will work with any state that may raise an issue,” as well with the Financial Industry Regulatory Authority Inc.

TRAINING AND OVERSIGHT

In its consent order with Massachusetts regulators, LPL admitted to a series of statements of fact around sale of the REITs but neither admitted nor denied allegations of insufficient training and oversight of sales of nontraded REITs, as well as alleged violations of securities laws. According to the statement-of-fact section of the order, between 2006 and 2009, LPL reps sold nontraded REITs in excess of Massachusetts' maximum-concentration limits imposed by the prospectuses of REITs for 33 residents. Last summer, the firm began tightening its policies around such REIT sales after being contacted by Massachusetts regulators. [email protected] Twitter: @bdnewsguy

Latest News

Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale
Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale

RIA aggregator adds $4.8 billion in client assets across seven states as demand grows for alternatives to traditional succession models.

Beyond wealth management: Why the future of advice is becoming more human
Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up
Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up

Shareholder targets FS KKR Capital's directors over alleged portfolio valuation and dividend missteps.

UBS loses $1.2 million arbitration claim linked to variable annuities and margin
UBS loses $1.2 million arbitration claim linked to variable annuities and margin

UBS has a history of costly litigation stemming from the sale of volatile investment products.

'We are monitoring the situation,' SEC says of private funds
'We are monitoring the situation,' SEC says of private funds

New director David Woodcock puts firms on notice over fees, conflicts, and liquidity risk as private credit shows signs of stress.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline