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

SEC Orders Merrill Lynch to Pay $9.7 Million For Failing to Disclose Foreign Exchange Fees

Posted on April 13th, 2023 at 1:21 PM
SEC Orders Merrill Lynch to Pay $9.7 Million For Failing to Disclose Foreign Exchange Fees

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) has ordered Merrill Lynch to pay $9.7 million for failing to disclose certain foreign exchange fees charged to clients for currency conversions.

 Merrill Lynch offered clients a wrap-fee program that charged a fee based on assets under management, which covered services including foreign currency exchanges because accounts could only be held in U.S. dollars. Clients also were required to pay a markup or markdown on the exchanges under the wrap-fee program. However, the SEC alleged that Merrill regularly charged an undisclosed production fee in addition to the markup between 2016 and 2020. The so-called production fee was not covered by the wrap fee and was equal to or greater than the markup in 80% of transactions, according to the SEC.

Merrill charged $4,134,610 in undisclosed production fees on at least 15,000 separate foreign currency exchanges in approximately 4.874 client accounts, according to the SEC. The SEC further alleged that Merrill siphoned a portion of the production fees to its financial advisors and classified the charge as a commission on internal documents. While Merrill did not admit or deny any of FINRA’s investigatory findings, the company agreed to pay $4,134,610 in disgorgement and $760,104 in prejudgment interest as well as a civil penalty of $4.8 million.

 

Eccleston Law LLC represents financial advisors and investors nationwide in securities, employment, transition, regulatory and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I have the best legal firm in the country to defend me. Awesome job!

Cindy C.

LATEST NEWS AND ARTICLES

1781893504 Law
June 19, 2026
FINRA Suspends Former Stifel Rep for Undisclosed Customer Settlements

The Financial Industry Regulatory Authority (FINRA) has suspended a former Stifel representative for three months and imposed a $10,000 fine after finding that she settled customer complaints without notifying her firm and conducted securities-related communications through an unapproved personal device.

1781798110 Law
June 18, 2026
Silver Star Properties REIT Files for Chapter 11 Bankruptcy Amid Mounting Defaults and Investor Losses

Silver Star Properties REIT, a publicly registered nontraded real estate investment trust formerly known as Hartman Short Term Income Properties XX Inc., has filed for Chapter 11 bankruptcy protection, according to reports by AltsWire.

1781712614 Law
June 17, 2026
As Wealth Management Consolidation Accelerates, Some Advisors Reevaluate the Meaning of Independence

According to AdvisorHub, the independent wealth management industry has entered a new phase of evolution, prompting some advisors to question whether the firms that once championed independence now increasingly resemble the traditional institutions many advisors left behind.