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

You are the best attorneys in the country.

CC

LATEST NEWS AND ARTICLES

October 11, 2024
Macquarie Investment Management to Pay $79.8 Million for Overvalued CMOs and Unlawful Cross Trades

The U.S. Securities and Exchange Commission (SEC) has charged Macquarie Investment Management Business Trust (MIMBT) with overvaluing collateralized mortgage obligations (CMOs) and executing unlawful cross-trades that favored certain clients. 

October 10, 2024
Merrill Lynch and Harvest Volatility Management Fined $9.3 Million for Exceeding Client Investment Limits

According to SEC.gov, the Securities and Exchange Commission (SEC) has charged Merrill Lynch, Pierce, Fenner & Smith Inc., and Harvest Volatility Management LLC for exceeding clients’ designated investment limits, resulting in higher fees, increased market exposure, and financial losses. 

October 9, 2024
Charles Schwab Faces Lawsuit Over Failure to Prevent Elder Fraud in Computer Hack

A new lawsuit claims that Charles Schwab failed to protect an elderly client from a fraudulent scheme that drained her retirement savings.