Wall Street's Off-Channel Communications Cost 26 Firms $393 Million in SEC Fines

Thursday, 15/08/2024 | 06:55 GMT by Damian Chmiel
  • The Commission imposed four penalties of $50 million and two penalties exceeding $40 million.
  • Among the institutions were LPL Financial and RBC Capital Markets.
The U.S. Securities and Exchange Commission Reuters

The Securities and Exchange Commission (SEC) has levied fines totaling $392.75 million against 26 financial firms for widespread failures to maintain and preserve electronic communications. The charges, announced yesterday (Wednesday), target broker-dealers, investment advisers, and dually-registered entities for violating federal securities laws' recordkeeping provisions.

SEC Fines 26 Firms $392.75 Million for Recordkeeping Violations

The firms, including industry giants Ameriprise Financial Services, Edward D. Jones & Co., LPL Financial, and Raymond James & Associates, each agreed to pay $50 million in penalties. Other notable fines include $45 million for RBC Capital Markets and $40 million for BNY Mellon Securities Corporation and Pershing LLC combined.

“As today’s enforcement actions against more than two dozen firms reflect, we remain committed to ensuring compliance with the books and records requirements of the federal securities laws, which are essential to investor protection and well-functioning markets,” SEC Enforcement Director Gurbir S. Grewal, commented.

Check the full list of fines:

Company

Fine Amount

Ameriprise Financial Services, LLC

$50 million

Edward D. Jones & Co., L.P.

$50 million

LPL Financial LLC

$50 million

Raymond James & Associates, Inc.

$50 million

RBC Capital Markets, LLC

$45 million

BNY Mellon Securities Corporation and Pershing LLC

$40 million

TD Securities (USA) LLC, TD Private Client Wealth LLC, and Epoch Investment Partners, Inc.

$30 million

Osaic Services, Inc. and Osaic Wealth, Inc.

$18 million

Cowen and Company, LLC and Cowen Investment Management LLC

$16.5 million

Piper Sandler & Co.

$14 million

First Trust Portfolios L.P.

$8 million

Apex Clearing Corporation

$6 million

Truist Securities, Inc., Truist Investment Services, Inc., and Truist Advisory Services, Inc.

$5.5 million

Cetera Advisor Networks LLC and Cetera Investment Services LLC

$4.5 million

Great Point Capital, LLC

$2 million

Hilltop Securities Inc.

$1.6 million

P. Schoenfeld Asset Management LP

$1.25 million

Haitong International Securities (USA) Inc.

$400,000

Three firms—Truist Securities, Cetera Advisor Networks, and Hilltop Securities—received reduced penalties for self-reporting their violations, highlighting the SEC's emphasis on proactive cooperation.

Gurbir Grewal, Director of the SEC’s Division of Enforcement
Gurbir Grewal, Director of the SEC’s Division of Enforcement

“Among this group of firms, there are several that differentiated themselves by self-reporting prior to the staff’s investigation, demonstrating once again the real benefits of proactive cooperation,” Grewal added.

In addition to the financial penalties, all firms were ordered to cease and desist from future violations and were censured. They have also begun implementing improvements to their compliance policies and procedures.

The Commodity Futures Trading Commission (CFTC) announced separate but related settlements with The Toronto Dominion Bank, Cowen and Company, and Truist Bank.

Other Collective SEC Penalties

This isn't the first instance where the SEC has imposed collective penalties on financial firms in similar circumstances. In February of this year, the SEC took action against 16 broker-dealers and financial advisors, including notable entities like Guggenheim and Oppenheimer. These firms were penalized for failing to maintain electronic communications, accruing civil penalties totaling over $81 million.

Last year, the US securities regulator levied fines totaling USD $289 million against 11 broker-dealers for purported violations of recordkeeping regulations. The SEC issued cease and desist orders to these companies, which have acknowledged the infractions.

One of the larger penalties occurred in 2022 when 16 Wall Street firms paid a collective $1.1 billion for “off-channel communications.” Among the penalized firms were major banks such as Barclays, Bank of America, Goldman Sachs, and UBS.

The Securities and Exchange Commission (SEC) has levied fines totaling $392.75 million against 26 financial firms for widespread failures to maintain and preserve electronic communications. The charges, announced yesterday (Wednesday), target broker-dealers, investment advisers, and dually-registered entities for violating federal securities laws' recordkeeping provisions.

SEC Fines 26 Firms $392.75 Million for Recordkeeping Violations

The firms, including industry giants Ameriprise Financial Services, Edward D. Jones & Co., LPL Financial, and Raymond James & Associates, each agreed to pay $50 million in penalties. Other notable fines include $45 million for RBC Capital Markets and $40 million for BNY Mellon Securities Corporation and Pershing LLC combined.

“As today’s enforcement actions against more than two dozen firms reflect, we remain committed to ensuring compliance with the books and records requirements of the federal securities laws, which are essential to investor protection and well-functioning markets,” SEC Enforcement Director Gurbir S. Grewal, commented.

Check the full list of fines:

Company

Fine Amount

Ameriprise Financial Services, LLC

$50 million

Edward D. Jones & Co., L.P.

$50 million

LPL Financial LLC

$50 million

Raymond James & Associates, Inc.

$50 million

RBC Capital Markets, LLC

$45 million

BNY Mellon Securities Corporation and Pershing LLC

$40 million

TD Securities (USA) LLC, TD Private Client Wealth LLC, and Epoch Investment Partners, Inc.

$30 million

Osaic Services, Inc. and Osaic Wealth, Inc.

$18 million

Cowen and Company, LLC and Cowen Investment Management LLC

$16.5 million

Piper Sandler & Co.

$14 million

First Trust Portfolios L.P.

$8 million

Apex Clearing Corporation

$6 million

Truist Securities, Inc., Truist Investment Services, Inc., and Truist Advisory Services, Inc.

$5.5 million

Cetera Advisor Networks LLC and Cetera Investment Services LLC

$4.5 million

Great Point Capital, LLC

$2 million

Hilltop Securities Inc.

$1.6 million

P. Schoenfeld Asset Management LP

$1.25 million

Haitong International Securities (USA) Inc.

$400,000

Three firms—Truist Securities, Cetera Advisor Networks, and Hilltop Securities—received reduced penalties for self-reporting their violations, highlighting the SEC's emphasis on proactive cooperation.

Gurbir Grewal, Director of the SEC’s Division of Enforcement
Gurbir Grewal, Director of the SEC’s Division of Enforcement

“Among this group of firms, there are several that differentiated themselves by self-reporting prior to the staff’s investigation, demonstrating once again the real benefits of proactive cooperation,” Grewal added.

In addition to the financial penalties, all firms were ordered to cease and desist from future violations and were censured. They have also begun implementing improvements to their compliance policies and procedures.

The Commodity Futures Trading Commission (CFTC) announced separate but related settlements with The Toronto Dominion Bank, Cowen and Company, and Truist Bank.

Other Collective SEC Penalties

This isn't the first instance where the SEC has imposed collective penalties on financial firms in similar circumstances. In February of this year, the SEC took action against 16 broker-dealers and financial advisors, including notable entities like Guggenheim and Oppenheimer. These firms were penalized for failing to maintain electronic communications, accruing civil penalties totaling over $81 million.

Last year, the US securities regulator levied fines totaling USD $289 million against 11 broker-dealers for purported violations of recordkeeping regulations. The SEC issued cease and desist orders to these companies, which have acknowledged the infractions.

One of the larger penalties occurred in 2022 when 16 Wall Street firms paid a collective $1.1 billion for “off-channel communications.” Among the penalized firms were major banks such as Barclays, Bank of America, Goldman Sachs, and UBS.

About the Author: Damian Chmiel
Damian Chmiel
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Damian's adventure with financial markets began at the Cracow University of Economics, where he obtained his MA in finance and accounting. Starting from the retail trader perspective, he collaborated with brokerage houses and financial portals in Poland as an independent editor and content manager. His adventure with Finance Magnates began in 2016, where he is working as a business intelligence analyst.

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