Wall Street girds for what's next in WhatsApp probe

Wall Street girds for what's next in WhatsApp probe
Regulators have quizzed more than a dozen other firms about the use of unofficial channels like WhatsApp.
AUG 09, 2023
By  Bloomberg

Fines tied to unauthorized communications on Wall Street have topped $2.5 billion, and that’s probably not the last of it.

Filings and media reports show that regulators have quizzed more than a dozen other firms about the use of unofficial channels like WhatsApp, personal texts and email to conduct business.

The list includes some of the biggest names in asset management, private equity and hedge funds, as well as smaller banks, beyond the Big 6 that have already reached settlements.

Who’s on Notice     
Company SourceAgencyFocus
Apollo Global Management Inc. 10-QSECElectronic messaging channels
BlackRock Inc. 10-QSECRecord retention requirements
Blackstone Inc. 10-QSECRetention of electronic business communications
Carlyle Group Inc. 10-QSECWhatsApp, WeChat and similar applications
Citadel BNSECUnapproved channels
Fifth Third Bancorp 10-QSEC, CFTCSettlement talks underway
Interactive Brokers Group Inc. 10-QSEC, CFTCRecords preservation requirements
Invesco Ltd. 10-QSECInvestment advisers
Jones Financial Cos. 10-QSECUnapproved devices, platforms
KeyCorp 10-QSEC, CFTCBroker-dealer, investment advisers 
KKR & Co.  10-QSECBusiness-related electronic communications
LPL Financial Holdings Inc. 10-QSECPersonal devices and messaging platforms
Oppenheimer Holdings Inc. 10-QSEC, CFTCBroker-dealer, investment advisers
Point72 Asset Management  BNSECUnapproved channels
Robinhood Markets Inc. 10-QSEC, FinraBrokerage communications
TPG Inc. 10-QSECRetention of electronic communications
Truist Financial Corp. 10-QSEC, CFTCBroker-dealer, investment adviser, swap dealer 
US Bancorp 10-QSECBroker-dealer, investment adviser
Voya Financial Inc. 10-QSECUnapproved channels

An inquiry from regulators as they gather facts doesn’t necessarily mean that an enforcement action will result, or even that the recipient is a target for investigators. As some of the filings point out, it’s a wide-ranging “sweep” of the industry, and nearly all of the firms said they are cooperating.

Brokers and investment advisers are required to monitor and save communications involving their business to head off misconduct. When they don’t, regulators say it’s harder to investigate any wrongdoing. Their work is made even more difficult when bankers use messaging tools that delete communications automatically.

The Securities and Exchange Commission said its probe so far has found that “off-channel” communications were pervasive at some Wall Street firms, and it wasn’t just a few low-level rogues. At some companies. the SEC found that senior managers were involved, including heads of groups, managing directors and senior supervisors responsible for overseeing the conduct of junior employees. 

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