Tr?id=566623520170033&ev=PageView&noscript=1

American Portfolios Ordered to Pay $4.6 Million in Restitution Over Cash Sweep Program Disclosures

Posted on February 18th, 2026 at 10:50 AM
American Portfolios Ordered to Pay $4.6 Million in Restitution Over Cash Sweep Program Disclosures

From the desk of Jim Eccleston at Eccleston Law

The Financial Industry Regulatory Authority (FINRA) has ordered American Portfolios Financial Services to return $4.6 million to customers and pay monetary sanctions after determining that the firm overcharged investors and failed to properly disclose how it generated revenue through a cash sweep program.

According to InvestmentNews, the resolution stems from the firm’s bank deposit program, which automatically transferred uninvested customer cash into interest-bearing, FDIC-insured accounts. The matter resolved through a FINRA Acceptance, Waiver and Consent (AWC) letter. FINRA determined that from April 2018 through September 2022, American Portfolios calculated customer fees using a method that conflicted with its disclosures. The firm represented that it would calculate fees using a formula tied to the Federal Funds Target rate. However, FINRA found that the firm instead relied on competitive interest rates to determine customer returns and retained excess interest, which reduced investor earnings.

InvestmentNews reports that the regulator concluded that this practice resulted in more than $3 million in excess fees charged to customers. FINRA also found that during periods of rising interest rates, the firm retained approximately $1.25 million in additional interest without clearly informing investors. FINRA stated that the undisclosed retention of interest constituted a material fact that customers should have known when evaluating participation in the program.

InvestmentNews reports that approximately 85,000 customers participated in the bank deposit program during the relevant period, making the enforcement action one of FINRA’s more significant restitution matters involving cash sweep arrangements.

American Portfolios consented to FINRA’s findings in the AWC without admitting or denying its findings.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, american portfolios

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

We just wanted to say thanks for your work in helping us get back some of the money we lost. We are not by any means rich, but we have saved some money and we have done so through a tight-fisted approach to most everything we do. So losing a significant chunk of money hurt…especially at a time when everyone else was growing their accounts. We really appreciate the work you did.

Allan and Adele

LATEST NEWS AND ARTICLES

1793645928 Law
November 2, 2026
FINRA Finds Florida Broker Violated Regulation Best Interest in Variable Annuity Exchanges

The Financial Industry Regulatory Authority (FINRA) has found that a Florida-based registered representative violated Regulation Best Interest (Reg BI) by recommending that eight retired clients exchange their variable annuities.

1793380402 Law
October 30, 2026
Former LPL Broker Faces Federal Charges in Alleged $11 Million Ponzi Scheme

Federal prosecutors accuse former LPL Financial broker William B.

1793294906 Law
October 29, 2026
FINRA Bars Former LPL Financial Broker for Refusing to Cooperate With Investigation

?The Financial Industry Regulatory Authority (FINRA?) barred Buddy Dean Mason, a former LPL Financial broker in Lakeland, Florida, after he refused to provide documents and information during an investigation into a customer complaint involving an alleged outside investment.