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

SEC Seeks to Expand “Dealer” Definition to Expand Regulatory Oversight

Posted on April 11th, 2023 at 8:47 AM
SEC Seeks to Expand “Dealer” Definition to Expand Regulatory Oversight

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) is seeking to expand its definition of “securities dealers”, which has resulted in criticism from various private fund and investment advisors that wish to avoid additional regulatory oversight.

The SEC is finalizing a rule that would expand the definition to include some financial advisory firms, including high-frequency traders, which traditionally have not been considered securities dealers. Investor advocates contend that the SEC uses lawsuits against penny-stock flippers to indicate that a “securities dealer” is any company whose business model revolves around buying and selling securities. According to industry experts, the expanded definition of “dealer” will likely implicate several businesses, including hedge funds and venture capital funds. Funds that are required to register under the new definition could seek to alter their investment strategies to avoid heightened regulation, according to industry sources.

Critics of the SEC’s expanded definition have pointed to a case that the SEC won against Ibrahim Almagarby and his Florida-based company, Microcap Equity Group (MEG). Almagarby launched MEG, which would buy aged debt from penny stock issuers before converting the debt into equity for discounted prices and selling the new shares for a profit, according to the SEC. The SEC alleged that Almagarby and MEG generated at least $1.4 million, but the district court determined that MEG was a dealer because the company’s business model was based on quickly unloading equity shares. MEG appealed to the Eleventh Circuit, which is expected to rule on the case this year. While the Eleventh Circuit considers Almagarby’s case, the SEC is working to finalize its rule that would require more firms to register as dealers. The SEC’s proposal notes certain standards that can trigger the dealer classification, including regularly making comparable purchases and selling the same securities in one day.

 

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

Thank You from the bottom of our hearts for all you have done for us. When we realized this was a very bad investment - we did not know where to turn for help. Then we received your name. When we called you - you were so kind to us and then agreed to help us. For this we are so very grateful. The world would be a much nicer place if there were more people like the two of you in it. We will always remember all the help and kindness you have shown us. Thank you so very very much for everything.

Wayne and Judy S.

LATEST NEWS AND ARTICLES

1777565671 Law
April 30, 2026
SEC Charges Adviser's Estate and Firm in Alleged $1.68 Million Client Fund Misappropriation Scheme

The Securities and Exchange Commission has filed a civil enforcement action against the estate of former investment adviser John R.

1777479103 Law
April 29, 2026
Hightower Advisors Faces Class Action Over Alleged Data Breach

Hightower Holding LLC is facing a class action lawsuit alleging that the firm failed to protect sensitive personal information following a data breach affecting thousands of individuals, according to reporting by Financial Advisor News.

1777391003 Law
April 28, 2026
Former Morgan Stanley Advisor Faces Trial Over Alleged Scheme Targeting NBA Players

A former Morgan Stanley financial advisor is charged with defrauding professional basketball players through complex investment transactions involving viatical settlements, according to reporting by InvestmentNews.