Today, we offer our “Friday List,” an occasional feature summarizing a topic significant to investment management professionals interested in regulatory issues. Our Friday Lists are an expanded “Our Take” on a particular subject, offering our unique (and sometimes controversial) perspective on an industry topic.
The debate about the now-vacated DoL fiduciary rule and the recently proposed Regulation Best Interest continues. We have argued that a uniform fiduciary standard should apply to both retail brokers and advisers. Why? We accept the position that retail consumers should not have to hire a lawyer to determine the advice standards to which his/her financial professional adheres. More significant, however, is that brokers behave badly and need a higher standard. An academic study that was first published in 2016 reported that 7% of broker-advisers have misconduct records, prior offenders are 5 times more likely to engage in misconduct, and 44% of brokers fired for misconduct are re-employed within a year. The authors concluded: “We find that financial adviser misconduct is broader than a few heavily publicized scandals.” They also argued that a more stringent standard would help the industry by improving the low reputation of financial professionals. Our reporting of cases also shows endemic broker misconduct. In today’s list, we highlight examples of brokers behaving badly, which should inform the debate on a uniform fiduciary standard.
10 Examples of Broker Behaving Badly
- Stealing from clients. A broker exploited a weakness in his firm’s control systems that allowed third party disbursements, enabling him to misappropriate $7 Million from clients.
- Churning. A broker recommended an unsuitable in-and-out trading strategy that generated significant commissions.
- Misrepresenting disciplinary record: A broker’s website claimed he never had a complaint, even though several customers filed and settled complaints over the course of an 8-year period.
- Misusing client information. A broker shared nonpublic personal information (including holdings and cash balances) about clients with a person no longer affiliated with his firm.
- Revenue sharing. A broker received undisclosed revenue sharing on mutual fund trades from the clearing broker.
- Undisclosed markups/markdowns. An interdealer failed to disclose markups and markdowns on securities traded for clients.
- Commission kickbacks. A trading supervisor demanded commission kickbacks from junior traders to whom he assigned clients.
- Pump-and dump. A broker engaged in an ongoing penny stock pump-and-dump scheme.
- Bribing public officials. A broker spent nearly $20,000 on hotels, meals and concert tickets to bribe a public plan official to secure brokerage business from a public plan.
- IPO kickbacks. A broker and his client conspired in a kickback scheme whereby the customer would pay back 24% of his profits in exchange for preferred IPO and secondary offering allocations.