Cetera Financial Group To Pay $4.2 Million for SEC Mutual Fund Investigation

Posted on March 10th, 2021 at 1:37 PM

From the Desk of Jim Eccleston at Eccleston Law LLC:

In August 2019, the Securities and Exchange Commission (SEC) charged Cetera Advisors with breaching its fiduciary duty and defrauding retail advisory clients in connection with transactions involving its mutual fund. Through its actions associated with the mutual fund, the firm earned more than $10 million to which it was not entitled. 

In October 2019, the SEC added Cetera Advisor Networks to its complaint. The firm allegedly breached its fiduciary duty and defrauding retail advisory clients by failing to disclose conflicts of interest related to the firm's receipt of undisclosed compensation in the form of 12b-1 fees, revenue sharing, administrative fees, and mark-ups.

Annual financial statements filed by Cetera Advisors reveal that it approximates $1.7 million of disgorgement costs stemming from the investigation, and Cetera Advisor Networks estimates $2.5 million. 

Despite the large payout, Cetera Financial Group continues to execute acquisitions. Cetera acquired MAGIS Financial Partners, a Philadelphia area firm with over $490 million in assets. Cetera also announced that it agreed to purchase the brokerage and advisory assets of Voya Financial Advisors, or about 900 advisors and $40 billion in client assets.

Tags: eccleston, eccleston law, cetera financial group, sec

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