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

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
Quotes Bigger

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

1780676353 Law
June 5, 2026
Redemption Pressure Mounts Across Private Credit and Non-Traded BDC Market

Investors continued pulling money from private credit and nontraded business development companies ("BDCs") during the first quarter of 2026 as concerns about liquidity and portfolio valuations intensified across the sector, according to reporting by InvestmentNews.

1780588152 Law
June 4, 2026
Former Wells Advisor Alleges Age Discrimination

A former Wells Fargo senior private client financial advisor in Wisconsin has filed a federal lawsuit alleging the firm terminated him because of his age rather than an alleged workplace profanity incident.

1780507151 Law
June 3, 2026
Starwood REIT Suspends Most Redemptions Amid Liquidity Pressure

Starwood Real Estate Income Trust (SREIT) has announced a temporary suspension of its share repurchase program for most investors.