FINRA Fines AAG Capital for RILA Exchange Violations

Posted on June 23rd, 2025 at 1:47 PM
FINRA Fines AAG Capital for RILA Exchange Violations

From the desk of Jim Eccleston at Eccleston Law

The Financial Industry Regulatory Authority (“FINRA”) has fined AAG Capital $100,000 and ordered the firm to pay nearly $39,000 in restitution after finding it violated Regulation Best Interest (“Reg BI”) by recommending costly registered index-linked annuities (“RILAs") to retail clients in unsuitable product exchanges.

According to a FINRA Acceptance, Waiver and Consent letter (“AWC”), from February 2021 through the present, AAG Capital lacked adequate written policies, procedures, and supervisory systems to ensure its RILA recommendations complied with Reg BI. During this period, the firm’s annuity business exclusively involved RILAs from three issuers, which represented a major component of the firm’s revenue.

ThinkAdvisor reports that FINRA noted that AAG Capital’s supervisory framework failed to properly consider the disadvantages associated with replacing customers’ existing insurance policies, fixed indexed annuities, and variable annuities with RILAs. Specifically, the firm did not sufficiently evaluate the impact of surrender charges or the forfeiture of valuable benefits like death and living benefit riders.

The order highlights that of 41 reviewed exchanges:

  • Six customers surrendered life insurance policies where the death benefit exceeded the contract’s surrender value, in some cases by over $100,000.
  • Fifteen clients gave up annuities with valuable optional benefit riders.
  • Eight customers incurred surrender charges totaling $38,591.39.

RILAs are annuity products tied to market index performance, offering a mix of downside protection and capped growth potential within a structured term. ThinkAdvisor reports that, despite the complexity of RILAs, AAG Capital failed to establish procedures outlining how supervisors should assess whether these recommendations aligned with a client’s investment profile and financial interests.

Between February 2021 and April 2023, AAG Capital recommended 479 RILApurchases, totaling over $92 million in principle, with 41 of those transactions involving exchanges funded by surrendering other insurance or annuity products, as reflected in the AWC.

Without admitting or denying FINRA’s findings, AAG Capital accepted the sanctions, agreed to undertake corrective actions, and consented to the entry of the findings.

 

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

If you are being bothered by the Regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

September 11, 2025
Montana Federal Judge Allows Family's Premium Financing Claims to Proceed

A federal judge in Montana has allowed a family to move forward with negligence, fraud, and unjust enrichment claims tied to a premium-financed life insurance arrangement valued at $67.5 million.

September 10, 2025
Arizona Man Sentenced to 30 Years for Multi-Million Dollar Ponzi-Style Fraud

An Arizona man has been sentenced to 30 years in prison for running a Ponzi-style investment scheme that defrauded more than 100 victims out of millions of dollars, according to the U.S. Attorney’s Office for the District of New Mexico.

September 9, 2025
Easterly ROCMuni Fund's Steep Decline Spurs Potential Investor Lawsuits

The Easterly ROCMuni High Income Municipal Bond Fund (RMHIX) has suffered a dramatic collapse, losing nearly half its value in June and now trading at a net asset value (NAV) of $2.95 per share.