SEC Takes Action Against Adviser for Defrauding Retirees and Investors Nearing Retirement

On December 19, 2019, the SEC filed a complaint in federal court against a Sacramento, California-based investment advisory firm and its owner. The complaint alleged that the Registered Investment Adviser (RIA) and its owner defrauded hundreds of retail clients, most...

Fiduciary Duty Goes Well Beyond Share Class Selection

Investment advisers may have noticed the SEC’s recent Share Class Selection Disclosure Initiative and thought they had nothing to learn from the 79 enforcement actions. The reality is that even investment advisers who are not affiliated with a broker-dealer can...

SEC Announces Its 2019 Examination Priorities

The SEC’s Office of Compliance Inspections and Examinations (OCIE) publishes annually its examination priorities to promote transparency and provide insights into the areas it believes pose a heightened risk to investors or to the integrity of the U.S. capital...

SEC Issues Risk Alert Dealing with Electronic Messaging

Risk Alerts are designed to remind investment advisers of their compliance obligations and to help firms improve their systems, policies, and procedures. On December 14, 2018, the SEC’s Office of Compliance Inspections and Examinations (OCIE) published a Risk...

OCIE Reveals Cash Solicitation Rule Compliance Issues

The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) periodically publishes Risk Alerts to highlight compliance problems discovered during examinations. On October 31, 2018, OCIE circulated a Risk Alert that analyzes compliance issues...