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

Massachusetts RIA Agrees to Settlement with SEC Over Marketing Violations

Posted on October 18th, 2023 at 11:36 AM
Massachusetts RIA Agrees to Settlement with SEC Over Marketing Violations

From the desk of Jim Eccleston at Eccleston Law 

Massachusetts-based RIA Wellesley Asset Management (WAM) will pay a $1 million civil penalty to resolve allegations of using hypothetical performance information in advertisements without adequate disclosures.

The settlement also includes a cease-and-desist order and censure, with Wellesley neither admitting nor denying the SEC's findings. It is worth noting that this case is not subject to the SEC's Ad Rule, as the alleged non-compliance occurred before the rule's compliance date despite recent enforcement actions related to hypothetical performance lapses under the rule.

The SEC found that WAM presented index performance metrics in at least three client webinars and incorrectly claimed that the index reflected, "composite returns," from its convertible bond strategy. According to Wealth Management.com, despite making further revisions to its disclosures, the firm did not rectify its use of hypothetical performance, although it ceased using index advertisements in March 2022.

The SEC recognized WAM's efforts to address the compliance issues in the order. As part of these efforts, the firm will discontinue its advertisements featuring the index and will terminate its contract with the index calculation agent, effectively discontinuing the index itself.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I am so glad I found you! Wow! I appreciate your help, concern and guidance.

RB

LATEST NEWS AND ARTICLES

1788461574 Law
September 3, 2026
Texas Investment Adviser Faces Washington State Charges Over Misleading Crypto Portfolio Claims

Washington state securities regulators have charged an Austin, Texas registered investment adviser (RIA) and its founder with making misleading statements about the risks tied to one of its model portfolios, which invested heavily in crypto-backed products and volatile exchange-traded funds, according to InvestmentNews.

1788376975 Law
September 2, 2026
Lakers Owner Sells Team for Record $12.5 Billion Amid Federal Probe

Guggenheim Partners CEO Mark Walter has sold his majority stake in the Los Angeles Lakers just as federal regulators investigate potential financial improprieties at insurance and annuities companies that he owns, InvestmentNews reports.

1788292150 Law
September 1, 2026
FINRA Proposes New Rules to Fix Unpopular Arbitrator Selection Process

The Financial Industry Regulatory Authority (FINRA) wants to change how it selects arbitrators when its standard process fails to produce enough available panelists.