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Eccleston Law Blog

Merrill Lynch Advisor Sanctioned for Unauthorized Trading

March 24th, 2025 at 2:58 PM
FINRA has fined a former Merrill Lynch advisor $5,000 and suspended the advisor for 30 days for executing unauthorized trades in client accounts.
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SEC Updates Marketing Rule Guidance to Clarify Extracted Performance and Portfolio Metrics

March 21st, 2025 at 2:20 PM
The Securities and Exchange Commission (SEC) has issued updated guidance on its marketing rule, addressing industry concerns regarding net performance requirements, extracted performance, and portfolio characteristics.
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Stifel Loses Raiding Case, Ordered to Pay Over $7 Million in Legal Fees

March 20th, 2025 at 3:59 PM
Stifel Financial has lost its raiding and breach-of-contract claim against a group of advisors who left its Indianapolis office to establish their own firm.
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FINRA Enforcement Actions in 2024: Fines Drop But Cases Increase

March 19th, 2025 at 10:26 AM
The Financial Industry Regulatory Authority (FINRA) imposed $59 million in fines in 2024, reflecting a 35 percent decrease from the previous year, according to an analysis by Eversheds Sutherland.
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Advisor Ordered to Pay $17.7 Million Over unsuitable REIT Sales

March 18th, 2025 at 3:33 PM
A FINRA arbitration panel has ordered former advisor Mark Sam Kolta to pay nearly $17.7 million in damages, plus interest and costs, to his former firm, National Securities, following allegations of breach of contract and unjust enrichment.
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FINRA Disciplinary Actions Rise for the First Time Since 2016

March 17th, 2025 at 11:51 AM
The Financial Industry Regulatory Authority (FINRA) increased its enforcement actions in 2024, marking the first rise in disciplinary cases since 2016, as reported by AdvisorHub.
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Apex Clearing to Pay $3.2 Million in FINRA Settlement Over Securities Lending Violations

March 14th, 2025 at 2:11 PM
Apex Clearing, the clearing arm of Apex Fintech Solutions, has agreed to pay $3.2 million to settle FINRA allegations that it failed to ensure customers received compensation for lending their securities.
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Congress Considers Expanding the Accredited Investor Definition

March 13th, 2025 at 2:30 PM
A recent congressional hearing examined potential reforms to the accredited investor definition, a critical threshold determining who can participate in private market investments.
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GPB Capital Investors May Receive Some Compensation Under Proposed Distribution Plan

March 12th, 2025 at 11:59 AM
GPB Capital Holdings investors have not received returns on their investments since 2018. According to InvestmentNews, after years of litigation, a court-appointed receiver has submitted a plan to return funds to the 17,000 investors who purchased $1.8 billion in GPB limited partnerships.
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Former CNBC Analyst Pleads Guilty to $2.7 Million Securities Fraud Scheme

March 11th, 2025 at 2:04 PM
James Arthur McDonald Jr., a former financial advisor and frequent CNBC guest analyst, has agreed to plead guilty to securities fraud, admitting to defrauding investors out of at least $2.7 million, as reported by ThinkAdvisor. The felony charge carries a maximum sentence of 20 years in federal prison.
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Independent Review Recommends Sweeping Changes to FINRA's Enforcement Program

An independent review commissioned by the Financial Industry Regulatory Authority (FINRA) recommends significant changes to the regulator's enforcement program, including adopting a statute of limitations, expanding due process protections, and providing greater credit to firms that cooperate during investigations, according to AdvisorHub.

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Cresset Sues Former Advisor Over Alleged Client Solicitation and Competing RIA Launch

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A former Oregon financial advisor has pleaded guilty to fraud after admitting to a long-running scheme that caused investors to lose more than $1.6 million.