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

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

November 7, 2025
FINRA Suspends Former Wells Fargo Broker Over Unapproved Real Estate Venture

The Financial Industry Regulatory Authority (FINRA) suspended former Wells Fargo broker George J. Cairnes for four months and fined him $25,000 for engaging in unapproved real estate outside business activity, according to a settlement letter issued.

November 6, 2025
Former Ameriprise Broker Ordered to Pay $2.2 Million for Elder Exploitation

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Eric A. Dupre to pay nearly $2.2 million in damages to his former firm and two customers following allegations of theft and elder exploitation.

November 5, 2025
Former Wells Fargo Representative Suspended for Unauthorized Texting and Obstruction

The Financial Industry Regulatory Authority (FINRA) has suspended former Wells Fargo representative Eyan M. Townsend for one year and fined him $10,000 for using personal text messages to conduct business and attempting to obstruct an internal investigation by deleting those communications.