Merrill Lynch and Harvest Volatility Management Fined $9.3 Million for Exceeding Client Investment Limits

Posted on October 10th, 2024 at 3:19 PM
Merrill Lynch and Harvest Volatility Management Fined $9.3 Million for Exceeding Client Investment Limits

From the desk of Jim Eccleston at Eccleston Law

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. Both firms have agreed to pay a combined $9.3 million in penalties and disgorgement to settle the SEC's claims.

Harvest, the primary adviser for the Collateral Yield Enhancement Strategy (CYES), was responsible for managing accounts that traded options in a volatility index. Starting in 2016, Harvest allowed numerous accounts to surpass exposure limits pre-set by investors, with dozens exceeding their designated levels by 50% or more. This exposed clients to higher risks, while Harvest and Merrill earned larger management fees.

Merrill Lynch, which introduced clients to Harvest, received a portion of Harvest’s management and incentive fees, as well as trading commissions.

The SEC found that Merrill was aware of the excessive exposure but failed to notify affected clients, many of whom had existing advisory relationships with the firm.

Without admitting or denying the SEC’s findings, Harvest and Merrill agreed to cease-and-desist orders and censure. Harvest will pay $2 million in penalties, $3.5 million in disgorgement and interest, while Merrill will pay $1 million in penalties and $2.8 million in disgorgement and interest.

 

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

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

January 29, 2026
OFAC Targets Individual Trustee, Sending a Clear Warning to Fiduciaries and Family Offices

In a rare move, the Office of Foreign Assets Control (OFAC) penalized a former U.S. government official, underscoring that professional gatekeepers can face personal liability for sanctions violations tied to trust administration.

January 28, 2026
FINRA Advances Overhaul of Outside Business Activity Rules to the SEC

FINRA formally has advanced its proposed overhaul of outside business activity (OBA) regulations to the Securities and Exchange Commission.

January 27, 2026
FINRA Sanctions, Criminal Cases, and Industry Bars in 2025

AdvisorHub has compiled a year-end review of enforcement actions and criminal proceedings.