State subpoenas 15 brokerages over sales of alternatives

In a move that will shake the advice industry, Massachusetts securities cop William Galvin sent subpoenas to 15 brokerages. The request? He wants information about sales of alternatives to seniors.
APR 04, 2014
Massachusetts has begun a sweep investigation of 15 brokerage firms, looking at sales practices involving alternative investments sold to seniors. The targeted firms are: Morgan Stanley, Merrill Lynch, UBS Securities LLC, Fidelity Brokerage Services LLC, Charles Schwab & Co. Inc., Wells Fargo Advisors, TD Ameritrade Inc., ING Financial Partners Inc., LPL Financial LLC, Commonwealth Financial Network, MML Investor Services LLC, Investors Capital Corp., Signator Investors Inc., Meyers Associates LP, and WFG Investments Inc. The state's securities division today sent subpoenas to the firms, asking for information on sales of the products to state residents who are 65 or over. Nontraditional investments include oil and gas partnerships, private placements, structured products, hedge funds and tenant-in-common offerings. Massachusetts demanded information on any such products that have been sold over the past year, the investors who purchased them, the commissions generated, how the sales were reviewed, and all relevant compliance, training and marketing materials. The firms were told to respond by July 24. Being on the list of targeted firms does not indicate wrongdoing, the state said in a news release. Nontraded REITs are not part of the information request. Massachusetts has already cracked down on a number of firms for alleged improper sales of nontraded REITs. In May, it settled REIT cases with Ameriprise Financial Services Inc., Commonwealth Financial Network, Lincoln Financial Advisors Corp., Royal Alliance Associates Inc. and Securities America Inc. The five firms agreed to pay a total of $6.1 million in restitution to investors, and fines totaling $975,000. Separately, in February, Massachusetts reached a settlement with LPL Financial to pay at least $2 million in restitution and $500,000 in fines related to the sale of nontraded REITs. The REIT investigations “heightened my concern that the senior marketplace is being targeted for the sales of these high-risk, esoteric products,” Massachusetts Secretary of the Commonwealth William F. Galvin said in a statement today. “While these products are not unsuitable in and of themselves, they are accidents waiting to happen when they are sold to inexperienced investors by untrained agents who push the products to score … large commissions.”

Latest News

Caregiving costs emerge as a midterm issue for older voters
Caregiving costs emerge as a midterm issue for older voters

Most voters 50-plus in swing districts favor candidates backing a caregiver tax credit, as caregiving drains retirement savings

Wealth firms report organic growth rebound, but process gaps persist
Wealth firms report organic growth rebound, but process gaps persist

New F2 Strategy research finds more firms growing without M&A, yet one-third still lack a defined growth process.

AI governance gaps leave RIAs exposed to a new wave of cyber threats
AI governance gaps leave RIAs exposed to a new wave of cyber threats

Shadow AI, weak oversight, and no formal policy highlight why advisory firms are more exposed to cyber risk than they realize.

People moves: RBC taps Raymond James veteran for Texas complex
People moves: RBC taps Raymond James veteran for Texas complex

Meanwhile, DPL Financial Partners adds two annuity executives and Prime Capital Financial hires a Mid-Atlantic retirement plan consultant.

Ex-LPL, special needs advisor pleads guilty in fraud case
Ex-LPL, special needs advisor pleads guilty in fraud case

Andrew Komarow pleaded guilty Thursday in federal court in Hartford to defrauding three financial services companies of close to $3.3 million.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor