Stifel to pay $3.2 million over former broker's 'predatory sales'

Stifel to pay $3.2 million over former broker's 'predatory sales'
The firm allegedly failed to supervise Joseph Crespi, whose trading activity prompted 135 internal alerts over 12 months, according to the office of Massachusetts Secretary of the Commonwealth William Galvin.
MAY 01, 2023

Stifel Nicolaus & Co. will pay a $2.5 million fine and $700,000 in customer restitution over alleged predatory sales practices by one of its former brokers, Massachusetts Secretary of the Commonwealth William Galvin announced Monday.

Stifel “ignored a series of red flags that warned that elderly Massachusetts residents, non-profit organizations and churches were being charged excessive and unauthorized fees, due to the actions of one of its agents,” Galvin’s office stated. In one case, a nonprofit's account generated more than 4% in fees and commissions for the agent and the firm.

The broker, Joseph Crespi, worked for Stifel in Taunton, Massachusetts, from late 2018 to early 2022 and had previously spent more than a decade at Merrill Lynch. After leaving Stifel last year, Crespi worked for Ameriprise before voluntarily resigning in November amid a suspension and internal review for allegedly working “outside the scope of his duties,” according to Finra records.

At Stifel, Crespi allegedly made unauthorized trades in multiple client accounts, bringing in high commissions in the process, Galvin’s office stated. In one such case, a trade was reportedly made on behalf of a deceased client.

“Crespi took steps to attempt to disguise his actions, though his branch manager and other internal systems repeatedly flagged his transactions for review,” the office said in the announcement. “Nonetheless, Stifel allowed the misconduct to continue for more than three years before terminating the agent.”

Crespi, who in mid-2019 was the firm’s sixth-highest revenue-producing agent in New England, triggered Stifel’s internal alerts system numerous times. That included selling a long-term unit investment trust less than a year ahead of its maturity and selling a client’s mutual fund shares with a 4.24% front-end sales charge less than two months after buying them.

A representative for Stifel did not immediately respond to a request for comment. Contact information for Crespi was unavailable as of publication time.

At the time he was hired at Stifel, Crespi had three customer complaints on his Financial Industry Regulatory Authority Inc. record, all of which had been denied by the self-regulatory agency.

An internal compliance report in early 2020 found that Crespi’s accounts had generated $1.2 million in commission and fees over the prior 12 months. His top 20 producing accounts had returns on assets of 1.82%, and 74 of his clients’ accounts had an ROA of over 2%, according to Galvin’s office. His trading had triggered 135 alerts within the firm, which was the highest number among Stifel employees during that time.

“The underlying cause of the elevated ROAs [was] the active trading strategy utilized in these accounts,” according to the internal report cited by Massachusetts. Those accounts significantly underperformed the market and the firm’s private client group.

“Of the 74 accounts with an ROA above 2%, 63 accounts had portfolio turnover of at least 50%, 23 accounts had portfolio turnover over 100% and four accounts had portfolio turnover over 150%,” the consent order stated.

The $700,000 Stifel agreed to pay in customer restitution will go to clients who were charged more than 5% commissions on equity transactions.

In addition to the investigation’s reports on Crespi, the Commonwealth found “wide-ranging harm to Massachusetts customers,” which included “multiple instances of Stifel employees using personal cell phones to conduct business and distributing retail communications in violation of firm and regulatory requirements.”

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave