SEC Imposes Fines on Advisors for Regulation best Interest (Reg BI) Violations

Posted on January 3rd, 2024 at 11:52 AM
SEC Imposes Fines on Advisors for Regulation best Interest (Reg BI) Violations

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) has sanctioned two Laidlaw advisors, Richard Michalski and Michael Murray, for violating Regulation Best Interest's care obligation by making recommendations to four retail customers without a reasonable basis.

The SEC order states that the advisors did not have a reasonable basis to believe that the recommended transactions concerning the customers' investment profiles were not excessive. Additionally, the recommendations allegedly prioritized the financial interests of the registered representatives over the interests of the retail customers, thus violating the "quantitative prong" of Regulation Best Interest's care obligation.

According to ThinkAdvisor, the SEC has mandated Laidlaw to pay a total of $822,884.58, including disgorgement of $547,712.36, prejudgment interest of $51,844.22, and civil penalties of $223,328, as a consequence of its failure to supervise the representatives, Michalski and Murray.

Both Michalski and Murray received censures. Michalski faced a six-month suspension from association with any broker, dealer, investment advisor, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization. Additionally, he was required to pay a civil money penalty of $44,253 to the SEC.

Murray was directed to pay disgorgement of $88,506 and prejudgment interest of $4,260.55, totaling $92,766.55. He was further ordered to pay an additional disgorgement of $24,414.17, prejudgment interest of $1,143.91, totaling $25,558.08, and a civil money penalty of $20,000.

 

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

Jim, Stephany and the whole team were a God send.  We felt like we were put into a situation where we had no advocate. Jim’s team came in with a strong, well laid out strategy on how to get our story heard. Where our outside compliance company had no ability to help, our Broker Dealer was impenitent, and the regulators were aggressive pursuing vague rules, Jim came like a barricade against an assault we did not understand. Though you pay member dues to be affiliated with FINRA and a B/D, you have no voice. The only thing that is truly heard in this un-level playing field is a bulldog’s bark like Jim’s. I would encourage anyone to call Jim and his team to find a real ally in the tough and complicated world of securities regulation. They are truly the best.

Greg P.

LATEST NEWS AND ARTICLES

October 17, 2025
FINRA Fines Oak Hills Securities for Private Placement Misconduct

The Financial Industry Regulatory Authority (FINRA) has censured and fined Oak Hills Securities Inc., an Oklahoma City brokerage, for multiple rule violations over five years.

October 16, 2025
FINRA Suspends Former Citigroup Advisor Over Undisclosed Business Activities

The Financial Industry Regulatory Authority (FINRA) has suspended former Citigroup representative Maximiliano Ramirez and fined him $5,000 for engaging in undisclosed outside business activities and investments.

October 15, 2025
SEC Accuses Florida Insurance Agent of $52 Million Unregistered Securities Scheme

The U.S. Securities and Exchange Commission (SEC) has filed a complaint against Florida insurance agent Charles D. Oliver, alleging he illegally sold about $52 million in unregistered oil and gas securities to roughly 50 retail investors, including retired seniors.