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

FINRA Charges Multiple Firms for Communication Failures

Posted on April 2nd, 2024 at 10:04 AM
FINRA Charges Multiple Firms for Communication Failures

From the desk of Jim Eccleston at Eccleston Law 

FINRA has penalized several broker-dealers and investment advisors for widespread and longstanding failures to maintain and preserve electronic communications, including WhatsApp messages and texts. As reported by ThinkAdvisor, the firms have agreed to pay combined civil penalties totaling over $81 million, acknowledging violations of recordkeeping provisions of federal securities laws.

The firms include:

  • Northwestern Mutual Investment Services LLC (NMIS), Northwestern Mutual Investment Management Co. LLC (NMIM), and Mason Street Advisors LLC: $16.5
    million penalty.
  • Guggenheim Securities LLC and Guggenheim Partners Investment Management LLC (GPIM): $15 million penalty.
  • Oppenheimer & Co. Inc.: $12 million penalty.
  • Cambridge Investment Research Inc. and Cambridge Investment Research Advisors Inc.: $10 million penalty.
  • Key Investment Services LLC (KIS) and KeyBanc Capital Markets Inc.: $10 million penalty.
  • Lincoln Financial Advisors Corp. and Lincoln Financial Securities Corp.: $8.5 million penalty.
  • U.S. Bancorp Investments Inc.: $8 million penalty.
  • The Huntington Investment Company (HIC), Huntington Securities, Inc. (HSI), and Capstone Capital Markets LLC: $1.25 million penalty (self-reported).

According to the SEC, investigations revealed widespread use of unapproved communication methods, known as off-channel communications, across all 16 firms. Employees were found to have used personal text messages to discuss business matters, violating compliance policies.

Several firms were charged with violating certain recordkeeping provisions of the Securities Exchange Act of 1934 and with failing to reasonably supervise to prevent and detect those violations. Other firms were charged with violating certain recordkeeping provisions of the Investment Advisers Act of 1940 and with failing to reasonably supervise to prevent and detect those violations.

In addition to the significant financial penalties, each firm was ordered to desist from future violations of the relevant recordkeeping provisions and was censured. The firms also agreed to retain independent compliance consultants to, among other things, conduct comprehensive reviews of their policies and procedures relating to the retention of electronic communications found on personal devices and their respective frameworks for addressing non-compliance by their employees with those policies and procedures, the SEC explained.

 

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

I want to thank you for your excellent professional representation. It was greatly appreciated.

Michael M.

LATEST NEWS AND ARTICLES

1792523173 Law
October 20, 2026
FINRA Orders American Portfolios to Pay $1.6 Million Over Unit Investment Trust Supervision Failures

The Financial Industry Regulatory Authority (FINRA) has ordered American Portfolios, the broker-dealer later absorbed into Osaic, to pay more than $1.6 million in restitution and fines over failures to supervise financial advisors who repeatedly recommended that customers sell unit investment trusts (UITs) before maturity.

1792432258 Law
October 19, 2026
FINRA Bars Former LPL Broker Over Alleged $1.7 Million Customer Theft

The Financial Industry Regulatory Authority (FINRA) has barred former LPL Financial broker Rudy Anguiano after finding that he converted more than $1.7 million from two customers, according to AdvisorHub.

1792164960 Law
October 16, 2026
Ameriprise and Broker Ordered to Pay Edward Jones Nearly $4.8 Million in Trade Secrets Dispute

Ameriprise Financial and broker Cory J.