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

Bank of America and Merrill Lynch Settle with FINRA for Supervisory Failures

Posted on September 30th, 2024 at 3:37 PM
Bank of America and Merrill Lynch Settle with FINRA for Supervisory Failures

From the desk of Jim Eccleston at Eccleston Law

Bank of America and its subsidiary, Merrill Lynch, have agreed to a $3 million fine and censure as part of a settlement with FINRA over long-term supervisory failures. These failures, which occurred from 2015 to 2019, involved inadequate monitoring of potentially manipulative trading activities by their customers.

According to FINRA, both Merrill Lynch and Bank of America Securities, the institutional broker-dealer arm, relied on third-party surveillance systems to detect market manipulation tactics, such as wash trading and prearranged trading. However, the parameters of these systems were "too narrow" and failed to properly flag suspicious activities. InvestmentNews reports that the firms did not take sufficient steps to evaluate whether the surveillance modules were effective or if additional monitoring was necessary.

In addition, due to a coding error, Merrill Lynch's surveillance systems failed to monitor over-the-counter (OTC) securities and warrants trading for potential manipulation. According to InvestmentNews, the oversight went undetected from 2016 until January 2019, allowing potentially problematic trades to go unchecked.

Between 2017 and 2018, Merrill Lynch further neglected to detect manipulative trades in OTC securities due to a failure to purchase the necessary data feed from its third-party vendor. As a result, both firms missed hundreds of alerts for approximately 700 potentially manipulative equity trades and 125,000 options trades.

The issue came to light in August 2020, following a regulatory inquiry. Internal testing had previously identified several red flags, which the firms failed to address.

FINRA found the firms in violation of Rule 3011, which requires firms to implement reasonably designed supervisory systems, and Rule 2010, which mandates that firms maintain high standards of commercial honor. Merrill Lynch and Bank of America neither admitted nor denied the findings. Of the $3 million fine, $699,000 will go to FINRA, while the remainder will be distributed to exchanges such as the NYSE and Nasdaq.

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

Tags: eccleston, eccleston law, finra

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

Thank you so very much for your guidance, patience, and expertise.

Beth and Steve K.

LATEST NEWS AND ARTICLES

1794338007 Law
November 10, 2026
SEC Accuses Crypto Investment Scheme of Raising $130 Million Through Fake Approval Claims

The SEC has charged two entities with operating a cryptocurrency investment scheme that raised more than $130 million from tens of thousands of retail investors.

1794251609 Law
November 9, 2026
Court Restrains Former Citizens Advisor From Using His Memory to Recreate Customer Names in Transition to Ameriprise

A federal judge in Boston has temporarily barred former Citizens Securities advisor Darrell Smith from using client names he recalled from memory to contact former customers after moving to Ameriprise Financial.

1793987008 Law
November 6, 2026
CoreWeave Bonds Slide as Political Opposition to Data-Center Expansion Grows

CoreWeave's debt and stock price fell on November 4th as election victories by Democratic candidates opposing rapid data-center development raised concerns about the regulatory environment facing AI infrastructure companies.