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Top 5 Regulatory Alerts – August-September 2018

Here are our Top 5 Regulatory Alerts for August-September 2018, ranked by significance.  We have also included the Top 5 most read Alerts.

 

Top 5 Regulatory Alerts – August-September 2018

  1. LARGE ASSET MANAGER PAYS $97 MILLION FOR OVER-RELYING ON FAULTY QUANT MODELS (8/28/18)
  2. HACKERS IMPERSONATED REPS TO GAIN ACCESS TO CLIENT INFO (9/27/18)
  3. BROKER/CUSTODIAN FAILED TO FILE SARS FOR TERMINATED ADVISERS (9/25/18)
  4. PRIVATE EQUITY MANAGER LOWBALLED PURCHASE OFFER TO LPS (9/10/18)
  5. GLOBAL FIRM GUTTED VALUATION CONTROL FUNCTION (8/17/18)

 

Most Read – August-September 2018

  1. SEC WITHDRAWS LETTERS THAT ALLOWED ADVISERS TO RELY ON PROXY VOTING FIRMS (9/18/18)
  2. ASSET MANAGER FINED $1.9 MILLION OVER HYPOTHETICAL BACK-TESTED PERFORMANCE (9/5/18)
  3. CCO BLAMED FOR SIGNING CERTIFICATIONS THAT FACILITATED UNLAWFUL SECURITIES LENDING (8/2/18)
  4. COMPLIANCE FAILURES LEAD TO FIRM’S DEMISE (8/27/18)
  5. ADVISER FAILED TO STOP RADIO HOST FROM GIVING TESTIMONIALS (9/24/18)

Top 5 Regulatory Alerts – July 2018

Here are our Top 5 Regulatory Alerts for July 2018, ranked by significance.  We have also included the Top 5 most read Alerts.

 

Top 5 Regulatory Alerts – July 2018

  1. ADVISERS FAILING BEST EXECUTION COMPLIANCE OBLIGATIONS (7/16/18)
  2. FUND MANAGERS FINED FOR DISQUALIFYING POLITICAL CONTRIBUTIONS (7/11/18)
  3. BROKER/CUSTODIAN SHOULD HAVE FILED SARS TO REPORT ADVISERS ACT VIOLATIONS (7/10/18)
  4. SEC CHARGES VIOLATIONS OF TESTIMONIAL RULE (7/12/18)
  5. SEC SEEKS EXPANSION OF WHISTLEBLOWER PROGRAM (7/2/18)

 

Most Read – July 2018

  1. PRIVATE EQUITY FIRM FAILED TO DELIVER FINANCIALS WITHIN 120 DAYS (7/19/18)
  2. ADVISERS FAILING BEST EXECUTION COMPLIANCE OBLIGATIONS (7/16/18)
  3. PORTFOLIO MANAGER MADE PERSONAL LOAN TO CEO TO GET ON BOARD (7/17/18)
  4. PRIVATE EQUITY EXEC BARRED FROM INDUSTRY FOR PERSONAL TRANSACTION WITH PORTFOLIO COMPANY (7/27/18)
  5. BROKER-DEALER FINED $1.25 MILLION FOR DELETING PHONE CALLS AND INADEQUATE RECORDS RETENTION (7/18/18)

Top 5 Regulatory Alerts – April-June 2018

 

Here are our Top 5 Regulatory Alerts for April-June 2018, ranked by significance.  We have also included the Top 5 most read Alerts.

 

Top 5 Regulatory Alerts – April-June 2018

  1. SEC PROPOSES BROKER BEST INTEREST STANDARD (4/19/18)
  2. SEC PROPOSES ETF RULE (6/29/18)
  3. INTERNET COMPANY PAYS $35 MILLION FOR FAILING TO TIMELY DISCLOSE HACK OF CUSTOMER INFO (4/25/18)
  4. SEC OFFICIAL SAYS THAT A CRYPTOCURRENCY IS NOT A SECURITY, ABSENT A SPONSORED OFFERING (6/15/18)
  5. SEC FINES 13 FIRMS FOR FAILING TO FILE FORM PF (6/4/18)

 

Most Read – April-June 2018

  1. SEC WARNS ADVISERS ABOUT FEE AND EXPENSE PRACTICES (4/13/18)
  2. BROKER-DEALER FINED FOR FAILING TO PRODUCE EMAILS (5/22/18)
  3. LAWYER CHARGED WITH PREPARING MISLEADING REGISTRATION STATEMENT (5/14/18)
  4. SEC CHARGES HEDGE FUND FIRM WITH INFLATING VALUATIONS TO SLOW REDEMPTIONS (5/10/18)
  5. FUND ADMINISTRATOR LIABLE FOR MISCALCULATING FUND NAV (4/27/18)

Top 5 Regulatory Alerts – February-March 2018

 

Here are our Top 5 Regulatory Alerts for February-March 2018, ranked by significance.  We have also included the Top 5 most read Alerts.

 

Top 5 Regulatory Alerts – February-March 2018

  1. FIFTH CIRCUIT VACATES FIDUCIARY RULE (3/19/18)
  2. OCIE RELEASES 2018 EXAM PRIORITIES (2/8/18)
  3.  SUPREME COURT RULES THAT WHISTLEBLOWER MUST REPORT TO SEC (2/22/18)
  4. SEC ISSUES CYBERSECURITY COMPLIANCE AND DISCLOSURE GUIDANCE (2/23/18)
  5. COMPLIANCE OFFICER CHARGED WITH SECURITIES FRAUD (3/15/18)

 

Most Read – February-March 2018

  1. SEC ISSUES CYBERSECURITY COMPLIANCE AND DISCLOSURE GUIDANCE (2/23/18)
  2. COMPLIANCE OFFICER CHARGED WITH SECURITIES FRAUD (3/15/18)
  3. BD PRESIDENT SANCTIONED FOR FAILING TO SUPERVISE INEXPERIENCED CCO (2/21/18)
  4. SEC PROSECUTES CURRENT AND FORMER COMPLIANCE OFFICERS FOR AML FAILURES (3/29/18)
  5. SEC OFFICIAL QUESTIONS REGISTRATION EXEMPTION FOR ETF INDEX PROVIDERS (3/21/18)

Top 5 Regulatory Alerts – January 2018

Here are our Top 5 Regulatory Alerts for January 2018, ranked by significance.  We have also included the Top 5 most read Alerts.

 

Top 5 Regulatory Alerts – January 2018

  1. FINRA RELEASES ANNUAL EXAM PRIORITIES LETTER (1/9/18)
  2. SEC RAISES CRYPTOCURRENCY FUND QUESTIONS (1/22/18)
  3. FUND ADMINISTRATOR PAYS FOR CLIENT’S FRAUD (1/24/18)
  4. BANK-AFFILIATED BD HIT WITH A $13 MILLION FINE FOR AML MONITORING FLAWS (1/12/18)
  5. SEC FINES AND BARS FUND MANAGER IN SERIES TRUST (1/8/18)

 

Most Read – January 2018

  1. SEC FINES AND BARS FUND MANAGER IN SERIES TRUST (1/8/18)
  2. FUND ADMINISTRATOR PAYS FOR CLIENT’S FRAUD (1/24/18)
  3. FINRA RELEASES ANNUAL EXAM PRIORITIES LETTER (1/9/18)
  4. SEC FINES AND BARS TWO ADVISERS FOR SELLING AWAY PRIVATE EQUITY FUND (1/16/18)
  5. SEC PROSECUTES DE-REGISTERED ADVISER FOR PRIOR COMPLIANCE FAILURES (1/4/18)

Top 5 Regulatory Alerts – December 2017

 

Here are our Top 5 Regulatory Alerts for December 2017, ranked by significance.  We have also included the Top 5 most read Alerts (other than Best of the Web and Top 5).

 

Top 5 Regulatory Alerts – December 2017

  1. LARGE PRIVATE EQUITY FIRM TO PAY $12.8 MILLION FOR ACCELERATED PORTFOLIO MONITORING FEES (12/26/17)
  2. FINRA ISSUES EXAMINATIONS FINDINGS REPORT (12/7/17)
  3. SEC’S CYBER UNIT STOPS VIRTUAL CURRENCY OFFERING (12/5/17)
  4. SEC FINES AND BARS CCO FOR IGNORING COMPLIANCE PROBLEMS (12/27/17)
  5. IA/BD FAILED TO SUPERVISE ITS CEO/CCO (12/12/17)

 

Most Read – December 2017

  1. SEC FINES AND BARS CCO FOR IGNORING COMPLIANCE PROBLEMS (12/27/17)
  2. FINRA ISSUES EXAMINATIONS FINDINGS REPORT (12/7/17)
  3. THREE FIRMS FINED FOR MARKETING HYPOTHETICAL THIRD PARTY PERFORMANCE (12/11/17)
  4. DUAL-HAT PRINCIPAL/CCO IGNORED SEC’S COMPLIANCE DEFICIENCIES (12/18/17)
  5. IA/BD FAILED TO SUPERVISE ITS CEO/CCO (12/12/17)

Top 20 Regulatory Alerts – 2017

A year ago, nobody really knew what would happen in the investment management regulatory world.  We have sought to inform and guide with our (nearly) daily updates on significant actions, statements, proposals, and cases.  We have culled through all of the Regulatory Alerts that we sent this year.  Below is our list of the Top 20 Alerts of 2017.  You can decide for yourself by visiting our blog at https://cipperman.com/blog/.  It all starts again in a couple of days…

 

  1. FIDUCIARY RULE GOES LIVE ON JUNE 9 WITHOUT SPECIFIC COMPLIANCE REQUIREMENTS (5/25/17)
  2. SEC PUBLISHES LIST OF MOST CITED EXAM DEFICIENCIES (2/9/17)
  3. FINRA IMPOSED $80 MILLION MORE IN FINES IN 2016 (7/6/17)
  4. SEC SWEEP YIELDS CYBERSECURITY BEST PRACTICES (8/9/17)
  5. SEC CHAIRMAN RE-COMMITS TO EXAMINATIONS AND ENFORCEMENT (6/28/17)
  6. SUPREME COURT LIMITS SEC DISGORGEMENT (6/6/17)
  7. LARGE PRIVATE EQUITY FIRM TO PAY $12.8 MILLION FOR ACCELERATED PORTFOLIO MONITORING FEES (12/26/17)
  8. ADVISER FAILED BEST EXECUTION WHEN RECOMMENDING 12B-1 FUND CLASS (4/5/17)
  9. SEC ENFORCEMENT DIVISION TARGETS FINANCIAL EXECUTIVES (11/17/17)
  10. SEC’S CYBER UNIT STOPS VIRTUAL CURRENCY OFFERING (12/5/17)
  11. LACK OF COMPLIANCE INFRASTRUCTURE COSTS PRIVATE EQUITY FIRM AND PRINCIPALS (6/30/17)
  12. CCO BARRED AND FINED $250,000 FOR AML COMPLIANCE BREAKDOWNS (5/9/17)
  13. SEC ISSUES ROBO GUIDANCE ON DISCLOSURES, SUITABILITY, AND COMPLIANCE (2/24/17)
  14. SEC WARNS ADVISERS ABOUT MISLEADING ADVERTISING PRACTICES (9/18/17)
  15. GENERAL COUNSEL AWARDED $7.9 MILLION FOR WRONGFUL WHISTLEBLOWER TERMINATION (2/13/17)
  16. SEC STAFF PUBLISHES 2017 EXAM PRIORITIES (1/13/17)
  17. FINRA POSTS SOCIAL MEDIA AND DIGITAL CONTENT GUIDANCE (5/10/17)
  18. SEC FINES AND BARS CCO FOR IGNORING COMPLIANCE PROBLEMS (12/27/17)
  19. SEC CREATES CYBER-UNIT (9/26/17)
  20. PRIVATE COMPANY AND CEO MISLED INVESTORS ABOUT COMPLIANCE FAILURES (11/3/17)

Top 5 Regulatory Alerts – October-November 2017

 

Here are our Top 5 Regulatory Alerts for October-November 2017, ranked by significance.  We have also included the Top 5 most read Alerts (other than Best of the Web and Top 5).

 

Top 5 Regulatory Alerts – October-November 2017

  1. SEC ENFORCEMENT DIVISION TARGETS FINANCIAL EXECUTIVES (11/17/17)
  2. PRIVATE COMPANY AND CEO MISLED INVESTORS ABOUT COMPLIANCE FAILURES (11/3/17)
  3. CONSULTANT TO PE PORTFOLIO COMPANY CHARGED WITH INSIDER TRADING (11/16/17)
  4. OPERATIONS MANAGER CHARGED WITH AIDING/ABETTING SECURITIES FRAUD (10/10/17)
  5. LARGE BD FINED $3.5 MILLION FOR CURTAILING SAR FILINGS (11/14/17)

 

Most Read – October-November 2017

  1. SEC CHARGES LAWYERS FOR CLIENTS’ SECURITIES FRAUD (10/17/17)
  2. SEC DEEMS THIRD PARTY VALUATION AGENT AN “INVESTMENT ADVISER” (10/2/17)
  3. SEC TO CREATE WEBSITE OF BAD ACTORS (11/9/17)
  4. LARGE BD FINED $3.5 MILLION FOR CURTAILING SAR FILINGS (11/14/17)
  5. CHIEF ACCOUNTING OFFICER BARRED AND FINED FOR APPROVING CEO EXPENSES (11/20/17)

Top 5 Regulatory Alerts – September 2017

Here are our Top 5 Regulatory Alerts for September 2017, ranked by significance.  We have also included the Top 5 most read Alerts (other than Best of the Web and Top 5).

 

Top 5 Regulatory Alerts – September 2017

  1. SEC CREATES CYBER-UNIT (9/26/17)
  2. SEC WARNS ADVISERS ABOUT MISLEADING ADVERTISING PRACTICES (9/18/17)
  3. DUAL-HATTED CCO AND UNDER-RESOURCED COMPLIANCE FUNCTION RESULT IN FINE/CENSURE FOR BD (9/28/17)
  4. PE FIRM PAYS $3.4 MILLION FOR BROKEN DEAL EXPENSES PAID SINCE 2004 (9/22/17)
  5. BD SMACKED WITH $1.5 MILLION FINE FOR FAILING TO PROPERLY MAINTAIN ELECTRONIC TRADING RECORDS (9/19/17)

 

Most Read – September 2017

  1. SEC WARNS ADVISERS ABOUT MISLEADING ADVERTISING PRACTICES (9/18/17)
  2. SEC TAKES ACTION AGAINST HEAD OF REGULATORY REPORTING (9/5/17)
  3. DUAL-HATTED CCO AND UNDER-RESOURCED COMPLIANCE FUNCTION RESULT IN FINE/CENSURE FOR BD (9/28/17)
  4. PRIVATE EQUITY FIRM CHARGED OVERHEAD AND PORTFOLIO EXPENSES TO FUND (9/12/17)
  5. SEC CREATES CYBER-UNIT (9/26/17)

Top 5 Regulatory Alerts – July-August 2017

Here are our Top 5 Regulatory Alerts for July-August 2017, ranked by significance.  We have also included the Top 5 most read Alerts (other than Best of the Web and Top 5).

 

Top 5 Regulatory Alerts – July-August 2017

  1. FINRA IMPOSED $80 MILLION MORE IN FINES IN 2016 (7/6/17)
  2. SEC SWEEP YIELDS CYBERSECURITY BEST PRACTICES (8/9/17)
  3. PE FIRM PAYS OVER $1.6 MILLION FOR IMPROPER EXPENSE ALLOCATION (8/18/17)
  4. EMERGING HEDGE FUNDS SPEND 20% ON COMPLIANCE BUT COULD SAVE THROUGH OUTSOURCING (7/11/17)
  5. REAL ESTATE INTERESTS ARE “SECURITIES” TRIGGERING FUND REGISTRATION (7/17/17)

 

Most Read – July-August 2017

  1. SEC SWEEP YIELDS CYBERSECURITY BEST PRACTICES (8/9/17)
  2. ADVISER CHARGED WITH DEFRAUDING PROFESSIONAL ATHLETE (8/29/17)
  3. LARGE INSURANCE COMPANY SETTLES FOR $5.5 MILLION OVER DATA BREACH (8/16/17)
  4. PE FIRM PAYS OVER $1.6 MILLION FOR IMPROPER EXPENSE ALLOCATION (8/18/17)
  5. SEC ACCUSES ADVISER OF FALSELY INFLATING AUM TO REGISTER (8/7/17)