Jury Finds Investment Advisor Liable for Failing to Disclose Annuity Commissions

Posted on May 7th, 2025 at 3:31 PM
Jury Finds Investment Advisor Liable for Failing to Disclose Annuity Commissions

From the desk of Jim Eccleston at Eccleston Law

A federal jury in Massachusetts has found investment adviser Jeffrey Cutter and his firm, Cutter Financial Group, liable for violating federal securities law by failing to disclose significant upfront commissions and conflicts of interest related to an annuity replacement scheme.

According to ThinkAdvisor, the verdict followed a seven-day trial and five hours of jury deliberation. The jury concluded that Cutter and his firm violated Section 206(2) of the Investment Advisers Act of 1940, which prohibits practices that operate as fraud or deceit upon clients or prospective clients.

The SEC alleged that between 2018 and 2022, Cutter recommended that advisory clients purchase fixed indexed annuities that generated substantial upfront commissions for himself and his firm. The agency claimed that Cutter and his firm failed to adequately disclose these financial incentives, resulting in $640,000 in surrender charges for clients involved in the annuity transactions.

While the jury ruled in the SEC’s favor on the Section 206(2) claim, it rejected the Commission’s allegations under Sections 206(1) and 206(4).

ThinkAdvisor also reports that Cutter had previously moved to dismiss the case, arguing that he acted as a state-licensed insurance agent, not as an investment adviser, in connection with the annuity sales. Industry groups, including the National Association for Fixed Annuities and the Investor Choice Advocates Network, filed amicus briefs in support of Cutter’s position, asserting that fixed indexed annuities fall outside the SEC’s jurisdiction.

Despite those arguments, the jury determined that Cutter’s conduct as an investment adviser triggered obligations under the Investment Advisers Act, and his failure to disclose material conflicts of interest violated federal securities law.

 

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

Thank You from the bottom of our hearts for all you have done for us. When we realized this was a very bad investment - we did not know where to turn for help. Then we received your name. When we called you - you were so kind to us and then agreed to help us. For this we are so very grateful. The world would be a much nicer place if there were more people like the two of you in it. We will always remember all the help and kindness you have shown us. Thank you so very very much for everything.

Wayne and Judy S.

LATEST NEWS AND ARTICLES

May 30, 2025
Former LPL Advisor Sanctioned by FINRA Over Undisclosed Real Estate Venture

FINRA has fined a former LPL Financial advisor and suspended him for three months after allegations surfaced that he operated a real estate development business without his firm’s approval.

May 29, 2025
FINRA Sanctions Former Broker for Undisclosed Private Equity and Securities Activities

FINRA has sanctioned former registered representative Thomas A. Rapp for engaging in undisclosed outside business and private securities transactions while associated with M Holdings. The enforcement action stems from a Letter of Acceptance, Waiver and Consent (AWC) Rapp submitted under FINRA Rule 9216, resolving the matter without ad...

May 28, 2025
SEC Charges Three Texas Residents in $91 Million Ponzi Scheme

The Securities and Exchange Commission (“SEC”) has filed charges against Kenneth W. Alexander II, Robert D. Welsh, and Caedrynn E. Conner, all Dallas-Fort Worth residents, for orchestrating a Ponzi scheme that raised at least $91 million from over 200 investors.