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

Examining Firm Liability for Third-Party and Client Misdeeds

Posted on June 24th, 2024 at 12:01 PM
Examining Firm Liability for Third-Party and Client Misdeeds

From the desk of Jim Eccleston at Eccleston Law 

FinancialPlanning.com recently asked, “How much liability can a firm have for the actions of third-party vendors or clients?” This question has surfaced in various legal contexts, most recently in a lawsuit against Wells Fargo, which faces allegations of failing to detect a $300 million Ponzi scheme perpetrated by a client.

FINRA arbitration panels previously held Bank of New York Mellon's Pershing subsidiary accountable for a notorious Ponzi scheme, demonstrating that firms can be liable for client actions. On the vendor side, regulators consistently remind firms that their liability extends beyond their operations. FinancialPlanning.com also reports that the Securities and Exchange Commission (SEC) has proposed a rule that would require wealth managers to ensure their third-party vendors comply with fiduciary standards.

The evolving regulatory landscape underscores that liability does not end at a firm's threshold. Firms must remain vigilant and proactive in monitoring their clients and third-party vendors to mitigate potential risks and uphold industry standards.

 

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

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I just wanted to say thanks again for preparing and executing my case in such a professional manner. It was a pleasure to watch two professionals take such pride in their work, as well as becoming personally in tune with your client (Me). I would personally recommend you and your firm to anyone.

John O.

LATEST NEWS AND ARTICLES

1782400213 Law
June 25, 2026
SEC Alleges Illinois Investment Adviser Misappropriated Investor Funds and Concealed Losses

According to a litigation release published on SEC.gov, the Securities and Exchange Commission (SEC) has charged John Sterling Myers and his firms, Sterling Capital, LLC and Sterling Capital Management, LLC, with orchestrating a multi-year fraud involving investor funds held in a pooled investment vehicle.

1782320106 Law
June 24, 2026
FINRA Suspends Former Broker Over Undisclosed Business Activities, Annuity Recommendation, and Customer Data Violations

The Financial Industry Regulatory Authority (FINRA) has suspended former registered representative Clayton K.

1782226532 Law
June 23, 2026
NASAA Advances Investment Adviser Advertising Reforms and Franchise Broker Registration Framework

The North American Securities Administrators Association (NASAA) has approved significant regulatory initiatives aimed at modernizing oversight of investment advisers and strengthening protections for individuals considering franchise investments.