Jury Finds Cutter Financial Group Liable for Disclosure Failures in Annuity Sales

Posted on June 4th, 2025 at 3:50 PM
Jury Finds Cutter Financial Group Liable for Disclosure Failures in Annuity Sales

From the desk of Jim Eccleston at Eccleston Law

A federal jury in Massachusetts has found investment advisor Jeffrey Cutter and his firm, Cutter Financial Group, liable for failing to disclose significant commissions and conflicts of interest tied to an annuity replacement strategy sold to clients.

According to ThinkAdvisor, the jury deliberated for five hours before determining that Cutter and his firm violated Section 206(2) of the Investment Advisers Act of 1940. This provision prohibits any transaction, practice, or business course that operates as a fraud or deceit on a client or prospective client. The Securities and Exchange Commission (“SEC”) alleged that Cutter and his firm recommended fixed indexed annuities that paid large upfront commissions without adequately disclosing the firm’s financial incentives.

While the jury held the defendants accountable for failing to disclose these material conflicts, it found in Cutter’s favor on other claims brought under Sections 206(1) and 206(4), which are the anti-fraud provisions of the Advisers Act. The verdict partially vindicated Cutter’s argument that the firm did not intentionally or recklessly defraud its clients, nor did it violate SEC rules related to compliance policies and procedures.

The case has drawn industry attention, according to ThinkAdvisor. Advocacy groups such as the National Association for Fixed Annuities and Investor Choice Advocates Network (ICAN) filed amicus briefs supporting Cutter. ICAN’s founder, Nicolas Morgan, told ThinkAdvisor that the verdict warrants scrutiny, cautioning against regulatory overreach that could impose costly, unnecessary burdens on financial professionals and limit investor choices.

Cutter Financial Group announced plans to launch new educational initiatives aimed at helping clients better understand commission structures and potential conflicts of interest in financial transactions. ThinkAdvisor reports that the case may be appealed.

 

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

Jim, Stephany and the whole team were a God send.  We felt like we were put into a situation where we had no advocate. Jim’s team came in with a strong, well laid out strategy on how to get our story heard. Where our outside compliance company had no ability to help, our Broker Dealer was impenitent, and the regulators were aggressive pursuing vague rules, Jim came like a barricade against an assault we did not understand. Though you pay member dues to be affiliated with FINRA and a B/D, you have no voice. The only thing that is truly heard in this un-level playing field is a bulldog’s bark like Jim’s. I would encourage anyone to call Jim and his team to find a real ally in the tough and complicated world of securities regulation. They are truly the best.

Greg P.

LATEST NEWS AND ARTICLES

October 30, 2025
SEC Sues Former Franchise Group CEO Over $350 Million Hedge Fund Fraud

The Securities and Exchange Commission (SEC) filed a lawsuit against Brian Kahn, former CEO of Franchise Group Inc., alleging he defrauded investors of more than $350 million in a multi-year investment adviser fraud tied to the collapse of Prophecy Asset Management (Prophecy).

October 29, 2025
FINRA Foundation Study Reveals Alarming Investor Susceptibility to Fraudulent Offers

The FINRA Investor Education Foundation (FINRA Foundation) has released preliminary findings from its upcoming report, Investors in the United States: A Report of the National Financial Capability Study.

October 28, 2025
UBS Seeks Court Order Against $1.4 Billion Florida Advisory Team Over Client Solicitation Allegations

UBS Wealth Management USA has filed a lawsuit and requested a temporary restraining order (TRO) against a $1.4 billion advisory team that recently departed to join Elevation Point, a West Palm Beach-based registered investment advisor launched just 15 months ago.