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

SEC Finds Deficiencies in Broker-Dealers' Anti-Money Laundering Policies

Posted on August 8th, 2023 at 1:11 PM
SEC Finds Deficiencies in Broker-Dealers' Anti-Money Laundering Policies

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) has issued an alert to broker-dealers regarding deficiencies found in their examinations related to crucial anti-money laundering (AML) requirements.

The Risk Alert reveals that some broker-dealers did not allocate sufficient resources, including staffing, to AML compliance considering the volume and risks of their business. The SEC cautioned that this issue could be exacerbated, especially with the increasing sanctions imposed by the Office of Foreign Assets Control (OFAC) against individuals and entities, mainly when the same firm personnel handles both AML and sanctions compliance functions.

The Risk Alert by the SEC also outlined observations about other significant AML requirements, such as independent testing of firms' AML programs, personnel training, and identifying and verifying customers and their beneficial owners. Additionally, the SEC's exam division noted that the effectiveness of the policies, procedures, and internal controls was reduced when firms did not implement those measures consistently.

According to ThinkAdvisor, during compliance exams for federal securities laws and the Bank Secrecy Act, the SEC examiners identified certain weaknesses in OFAC compliance programs. These weaknesses included entities not adopting or implementing reasonable, risk-based internal controls for:

1. Following up on potential matches with the sanctions lists and documenting the
outcomes.
2. Performing periodic or event-based screening of existing clients based on changes in
ownership or the sanctions lists.
3. Conducting OFAC searches promptly or failing to document completed searches.

The SEC also observed instances where broker-dealers' Customer Identification Programs (CIPs) did not appear to be adequately designed to ensure they knew the true identity of customers. Furthermore, the SEC staff noticed broker-dealers that had not updated their AML programs, new account forms, and procedures to account for the adoption of the Customer Due Diligence (CDD) Rule.

 

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 want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

1789752835 Law
September 18, 2026
SEC Sanctions Investment Adviser and Executive for Disproportionate Trade Allocations

The Securities and Exchange Commission (SEC) has determined that the conduct of registered investment advisory firm Barrington Asset Management, and its executive vice-president and chief compliance officer, Gregory Paris, disadvantaged clients and breached their fiduciary duties owed to clients.

1789665543 Law
September 17, 2026
SEC Charges 38 Entities Over Allegedly Fraudulent Adviser Filings

The Securities and Exchange Commission (SEC) charged 38 entities with allegedly making material misrepresentations in Forms ADV filed with the SEC between 2025 and 2026.

1789589290 Law
September 16, 2026
Edelman Financial Engines Secures TRO Against Advisor Who Joined RFG Advisory

Edelman Financial Engines recently secured a temporary restraining order (TRO) against Chad A.