SEC exam sweep shows advisers overcharging clients

SEC exam sweep shows advisers overcharging clients
In a separate exam sweep, the SEC found that robo-advisers weren't acting in clients' best interests and were misleading in their advertising.
NOV 10, 2021

Investment advisers are charging clients more than they owe as a result of inaccurate fee calculations, the Securities and Exchange Commission said Wednesday.

The agency released a risk alert that outlined problems in how firms bill clients and disclose their fees. The deficiencies, which often led to clients suffering financial harm, included overbilling of advisory fees, faulty determinations of break points, and incorrect charges to households. Advisers also failed to credit fees due to clients or charge them on a pro rata basis for account opening.

The SEC released a separate risk alert Tuesday regarding investment advisers who provide digital advisory services, or robo-advisers. In an examination sweep, SEC staff issued deficiency letters to most robo-advisers, citing shortcomings found in compliance programs, portfolio management — including acting in a client’s best interests — and performance advertising and marketing.

In the fee risk alert, the SEC said advisers were lax in their internal oversight of the way they charged clients for their services. The findings were based on examinations of 130 investment advisers. The typical adviser in the sweep charged fees based on clients’ assets under management.

“Many of the examined advisers did not maintain written policies and procedures addressing advisory fee billing, monitoring of fee calculations and billing, or both,” the alert states.

Alan Foxman, managing director at Foreside Financial Group, said advisers are getting more creative in how they are paid, which creates compliance challenges.

“The more complicated you make things, the more detailed and clearer your disclosures need to be so clients can figure out how they’re being charged,” Foxman said.

The results of the fee sweep indicated that there’s miscommunication within firms regarding fees between people who interact with clients and staff who run the financial operations, said Todd Cipperman, principal at Cipperman Compliance Services.

“What the salespeople are saying is one thing, and what’s being done in the back office is something else,” Cipperman said.

When it comes to robo-advisers, the SEC said that their algorithms were failing to test whether the investment advice they provided matched their clients’ investment objectives and was in their best interests. Other problems the SEC highlighted were a lack of written compliance policies and procedures, failure to disclose conflicts of interest, and misleading advertising and marketing.

“The litany of compliance problems the SEC notes in the risk alert runs the gamut of everything [it] can find wrong with an investment adviser,” Foxman said. “In the near term, we may see them make examples of the worst offenders to see if the rest of the robo-advisers make a concerted effort to focus on those areas the SEC is concerned about.”

The fact that the SEC is on a roll with risk alerts — two in consecutive days — may be an indication that advisers are struggling to comply with rules that can be “dense, complex and esoteric,” Cipperman said.

“It really raises the question of whether the rules are effective if people aren’t following them on a mass basis,” he said. “They need to rethink the rules or their enforcement or both.”

Getting the assumptions right in retirement plans

Latest News

Buried in today's jobs report: Wall Street's own backyard is shrinking
Buried in today's jobs report: Wall Street's own backyard is shrinking

The numbers show a worrying trend – should we be concerned?

Ex-broker at center of alleged NFL player investment scam dies at 24
Ex-broker at center of alleged NFL player investment scam dies at 24

Authorities investigate the death of Mohamed Coulibaly weeks after a Barron's report detailed his alleged fraud targeting ex-NFL players.

Advisor moves: LPL OSJ Private Advisor Group draws $300M Cetera team
Advisor moves: LPL OSJ Private Advisor Group draws $300M Cetera team

Also, Kestra welcomes an experienced $240 million Hightower Advisor, while $38 billion indie RIA Oxford Financial adds a managing director to its Grand Rapids, Michigan office.

Ex-UBS advisor owes firm $5.6 million in bonus loan dispute
Ex-UBS advisor owes firm $5.6 million in bonus loan dispute

UBS wins clawback of bonus money from advisor recruited from First Republic.

Carlyle swoops in as new Prime Capital backer valuing firm at $1.8 billion
Carlyle swoops in as new Prime Capital backer valuing firm at $1.8 billion

Abry Partners exits after three years as the wealth manager expands family office and tax advisory services.

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