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Red Oak

Longtime Merrill Lynch Rep Faces Prison for Overcharging Clients

Thomas Buck, a dually registered Investment Adviser Representative who worked at Merrill Lynch for 33 years prior to being terminated in 2015, now faces prison following his guilty plea on one count of securities fraud. According to the SEC, Buck’s…

Red Oak

Will the SEC Shut Down During a Government Shutdown?

The US Securities and Exchange Commission (SEC) has issued an “Operations Plan Under a Lapse in Appropriations and Government Shutdown” (“Operations Plan”), which describes how the SEC will operate in the event of a government shutdown. While it is not…

Red Oak

SEC Approves FINRA Pay-to-Play Rules for Capital Acquisition Brokers

FINRA recently released Regulatory Notice 17-37 regarding the SEC’s approval of pay-to-play and related recordkeeping rules for Capital Acquisition Brokers (“CABs”). CABs can be defined as member firms that advise companies and private equity funds regarding raising capital and corporate…

Red Oak

IRA Rollover traps under new DOL Fiduciary Rule?

IRA rollovers are generally an important component of many advisors’ business model. Now, could some of these rollovers be caught within the potentially confusing boundaries of the DOL Fiduciary Rule? Advisors should proceed with caution when discussing even a client’s…

Red Oak

SEC Sanctions Dually-Registered Investment Adviser and Broker Dealer

KMS Financial Services, Inc. is based in Washington and dually registered as a broker-dealer and investment adviser. The SEC found that in its capacity as registered investment adviser, the firm 1) failed to disclose to its clients additional compensation it…

Red Oak

Investment Advisers and Registration

Most individuals that have been in the financial services industry for any amount of time are aware that there is a requirement to register with a regulatory body in order to provide financial advice for compensation. However, those that are…

Red Oak

FINRA Exam Priorities

It’s that time of year again and FINRA has published its Exam Priorities Letter which highlights areas of significant focus in their audit program. These priorities represent FINRA’s assessment of the key issues they will focus on in 2013. The…