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

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
Quotes Bigger

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

Michael S.

LATEST NEWS AND ARTICLES

1780079651 Law
May 29, 2026
SEC Investigating Fraud Allegations in Private Credit Industry

The Securities and Exchange Commission (SEC) actively is investigating allegations of fraud involving private credit firms, signaling continued regulatory scrutiny of the rapidly expanding sector.

1779992462 Law
May 28, 2026
FINRA Adopts New Rules to Accelerate Arbitration for Elderly and Vulnerable Investors

The Financial Industry Regulatory Authority (FINRA) has adopted amendments to its Code of Arbitration Procedure to expedite arbitration proceedings for certain eligible parties, according to regulatory updates.

L
May 27, 2026
FINRA Sanctions Cambridge Investment Research for Supervisory Failure in Variable Annuity Exchanges

The Financial Industry Regulatory Authority (FINRA) has censured Cambridge Investment Research and ordered the firm to pay nearly $280,000 after finding that it failed to properly supervise variable annuity exchanges, according to AdvisorHub.