Wall Street Firms Settle $470M Recordkeeping Violation

Mark Eisenberg
Photo: Finoracle.net

Wall Street Firms Pay Hefty Fines

Major Wall Street Firms, including Toronto-Dominion Bank's TD Securities, BNY, and Truist, have agreed to pay over $470 million to settle civil charges with the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). These charges stem from violations of recordkeeping rules, specifically the failure to maintain records of work-related communications.

Understanding Recordkeeping Rules

The U.S. regulators, such as the SEC and CFTC, require broker-dealers and investment advisers to keep detailed records of all work-related communications. This ensures transparency and accountability in financial transactions and prevents fraudulent activities. Violations typically occur when firms use "off channel" communications, such as text messages and WhatsApp, which are not appropriately recorded.

Firms Increasing Compliance Measures

While many firms have not commented, some like BNY and TD have stated they are taking steps to enhance their compliance protocols. For instance, TD is investing in technology to improve its electronic communications policies, which suggests a shift towards better adherence to regulatory requirements.

Breakdown of Penalties

Here's a detailed list of penalties imposed on various firms:

  • Ameriprise Financial Services, LLC: $50 million to the SEC
  • Edward D. Jones & Co., L.P.: $50 million to the SEC
  • LPL Financial LLC: $50 million to the SEC
  • Raymond James & Associates, Inc.: $50 million to the SEC
  • RBC Capital Markets, LLC: $45 million to the SEC
  • BNY Mellon Securities Corporation, Pershing LLC: $40 million to the SEC
  • TD Securities (USA) LLC, TD Private Client Wealth LLC and Epoch Investment Partners, Inc: $30 million to the SEC, $75 million to the CFTC
  • Osaic Services, Inc., Osaic Wealth, Inc.: $18 million to the SEC
  • Cowen and Company, LLC, Cowen Investment Management LLC: $16.5 million to the SEC, $3 million to the CFTC
  • Piper Sandler & Co.: $14 million to the SEC
  • First Trust Portfolios L.P.: $8 million to the SEC
  • Apex Clearing Corporation: $6 million to the SEC
  • Truist Securities, Inc., Truist Investment Services, Inc., and Truist Advisory Services, Inc: $5.5 million to the SEC, $3 million to the CFTC
  • Cetera Advisor Networks LLC, Cetera Investment Services LLC: $4.5 million to the SEC
  • Great Point Capital, LLC: $2 million to the SEC
  • Hilltop Securities Inc.: $1.6 million to the SEC
  • P. Schoenfeld Asset Management LP: $1.25 million to the SEC
  • Haitong International Securities (USA) Inc.: $400,000 to the SEC

Implications for Investors

For everyday investors, this enforcement action underscores the importance of compliance in maintaining a fair and transparent financial market. It highlights the regulatory oversight necessary to safeguard investors' interests and maintain trust in the financial system.

Moving Forward

With these penalties, Wall Street firms are likely to prioritize strengthening their recordkeeping practices and investing in compliant communication technologies. This could lead to better accountability and adherence to regulatory standards, ultimately protecting stakeholders and maintaining market integrity.

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Mark Eisenberg is a financial analyst and writer with over 15 years of experience in the finance industry. A graduate of the Wharton School of the University of Pennsylvania, Mark specializes in investment strategies, market analysis, and personal finance. His work has been featured in prominent publications like The Wall Street Journal, Bloomberg, and Forbes. Mark’s articles are known for their in-depth research, clear presentation, and actionable insights, making them highly valuable to readers seeking reliable financial advice. He stays updated on the latest trends and developments in the financial sector, regularly attending industry conferences and seminars. With a reputation for expertise, authoritativeness, and trustworthiness, Mark Eisenberg continues to contribute high-quality content that helps individuals and businesses make informed financial decisions.​⬤