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

1782744905 Law
June 29, 2026
Former Arvest Wealth Representative Sanctioned by FINRA Over Improper Use of Mistaken Commission Payment

The Financial Industry Regulatory Authority (FINRA) has suspended former Arvest Wealth representative Brandon Still for 18 months and fined him $5,000 after determining that he improperly used firm funds that were mistakenly deposited into his account.

1782497406 Law
June 26, 2026
FINRA Seeks to Make Remote Inspection Program Permanent

The Financial Industry Regulatory Authority (FINRA) is seeking approval from the Securities and Exchange Commission (SEC) to make its pandemic-era remote inspections program permanent before the current pilot is scheduled to expire in June 2027, according to AdvisorHub and FINRA's summary of its recent Board of Governors meeting.

1782400213 Law
June 25, 2026
SEC Alleges Illinois Investment Adviser Misappropriated Investor Funds and Concealed Losses

According to a litigation release published on SEC.gov, the Securities and Exchange Commission (SEC) has charged John Sterling Myers and his firms, Sterling Capital, LLC and Sterling Capital Management, LLC, with orchestrating a multi-year fraud involving investor funds held in a pooled investment vehicle.