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

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
Quotes Bigger

Fantastic news!!!!  Your professionalism, support and expertise were greatly appreciated.  You made a difficult situation much more bearable.

Marci M.

LATEST NEWS AND ARTICLES

1789490284 Law
September 15, 2026
FINRA Suspends Former Northwestern Mutual Broker Over Customer Loans

The Financial industry Regulatory Authority (FINRA) has suspended and fined a former Northwestern Mutual broker after he solicited two customers for loans to purchase another representative's book of business but instead used most of the money to pay personal expenses and other debt, according to an Acceptance, Waiver, and Consent (AWC) letter.<...

1789403905 Law
September 14, 2026
SEC Considers Expanding Retail Access to Private Markets

The Securities and Exchange Commission (SEC) is considering a proposal that could expand retail investors' access to private markets and allow investment advisers to charge performance fees to a broader group of clients.

1789155492 Law
September 11, 2026
SEC Considers Investor Test to Expand Accredited Investor Eligibility

The Securities and Exchange (SEC) Chairman Paul S.