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

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

1779287606 Law
May 20, 2026
FINRA Sanctions Ameriprise for Supervisory Failures in Variable Annuity Exchanges

The Financial Industry Regulatory Authority (FINRA) has fined Ameriprise Financial Services and ordered restitution to resolve allegations that the firm failed to adequately supervise certain variable annuity exchange recommendations.

1779216500 Law
May 19, 2026
SEC Fines Ally Invest Advisors Over Undisclosed Robo-Advisor Conflict

The Securities and Exchange Commission (SEC) imposed a $500,000 penalty on Ally Invest Advisors after finding that the firm failed to disclose a material conflict of interest tied to its Cash-Enhanced robo-advisor accounts.

1779206639 Law
May 19, 2026
Federal Court Upholds FINRA's Authority in Alpine Securities Challenge

A federal court has rejected a broad constitutional challenge to the authority of the Financial Industry Regulatory Authority (FINRA), delivering a significant victory for the self-regulator and reinforcing its enforcement framework.