March 2023 SEC Updates

1.  On March 30, 2023, the SEC settled charges against Sapere Wealth Management, LLC, a Matthews, North Carolina-based investment adviser, and its principal, Scott Trease, for unsuitably recommending that three clients invest $7.3 million in risky, alternative-investment deals.  Sapere and Trease did not reasonably understand the investments and thus lacked a reasonable basis to recommend … Read More

February 2023 SEC Updates

1. On February 27, 2023, the SEC instituted administrative proceedings against Shawn Good who was dually registered with Morgan Stanley Smith Barney, LLC (“Morgan Stanley”) as a registered representative and investment adviser representative. Good perpetrated a multi-year Ponzi scheme which involved his clients at Morgan Stanley, and that in doing so, he defrauded his clients … Read More

January 2023 SEC Updates

1. On January 30, 2023, the SEC’s Division of Examinations published a Risk Alert to highlight observations from examinations related to Regulation Best Interest. The Risk Alert is intended to assist broker-dealers in reviewing and enhancing their compliance programs related to Regulation Best Interest. The Risk Alert is helpful to investment advisers in understanding the regulatory … Read More

December 2022 SEC Updates

1. On December 23, 2022, the SEC instituted administrative proceedings against Roger Knox, a private investor.  Knox, while acting as an unregistered broker-dealer and working in coordination with others, used omnibus accounts he controlled to provide a layer of disguise to public company insiders and control persons, and intended to defraud investors by secretly dumping … Read More

November 2022 SEC Updates

1. On November 23, 2022, the SEC released its Strategic Plan for fiscal years 2022 to 2026, outlining agency objectives to fight against fraud, maintain a robust and relevant regulatory framework, and sustain a skilled and diverse workforce to serve America’s investors and capital-raising entrepreneurs alike. The SEC’s new Strategic Plan establishes three primary goals: 2. … Read More

October 2022 SEC Updates

1. On October 26, 2022, the SEC proposed a new rule and rule amendments to prohibit registered investment advisers from outsourcing certain services and functions without conducting due diligence and monitoring of the service providers. The proposal would require advisers to satisfy specific due diligence elements before retaining a service provider that will perform certain … Read More

September 2022 SEC Updates

1. On September 27, 2022, the SEC announced charges against 15 broker-dealers and one affiliated investment adviser for widespread and longstanding failures by the firms and their employees to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders, acknowledged that their conduct violated recordkeeping provisions of the … Read More

August 2022 SEC Updates

On August 29, 2022, the SEC charged Gregory Lindberg, Christopher Herwig and Standard Advisory Services Limited, a registered investment adviser, for defrauding clients out of more than $75 million through undisclosed transactions that benefited themselves and their companies. Lindberg and Herwig through Standard Advisory, breached their fiduciary duties to their advisory clients by fraudulently causing … Read More

July 2022 SEC Updates

1. On July 27, 2022, the SEC charged J.P. Morgan Securities LLC, UBS Financial Services Inc., and TradeStation Securities, Inc. for deficiencies in their programs to prevent customer identity theft, in violation of the SEC’s Identity Theft Red Flags Rule, or Regulation S-ID.  According to the SEC’s orders, from at least January 2017 to October … Read More

June 2022 SEC Updates

1. On June 27, 2022, the SEC instituted administrative proceedings against German Nino for  misappropriating $5.8 million from one of his long-standing advisory clients. Nino represented that he would invest all of the client’s funds in securities but instead used some of the funds for personal expenses, namely for gifts and travel and living expenses … Read More