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

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

1782150000 Law
June 22, 2026
Illinois Regulators Accuse "Mr. Finance" of Operating Unlicensed Investment Scheme

Illinois securities regulators have accused a Chicago-area businessman known as "Mr.

1781893504 Law
June 19, 2026
FINRA Suspends Former Stifel Rep for Undisclosed Customer Settlements

The Financial Industry Regulatory Authority (FINRA) has suspended a former Stifel representative for three months and imposed a $10,000 fine after finding that she settled customer complaints without notifying her firm and conducted securities-related communications through an unapproved personal device.

1781798110 Law
June 18, 2026
Silver Star Properties REIT Files for Chapter 11 Bankruptcy Amid Mounting Defaults and Investor Losses

Silver Star Properties REIT, a publicly registered nontraded real estate investment trust formerly known as Hartman Short Term Income Properties XX Inc., has filed for Chapter 11 bankruptcy protection, according to reports by AltsWire.