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

You were most helpful with my FINRA deposition. You are a good lawyer and a good person.

Dan B.

LATEST NEWS AND ARTICLES

February 12, 2026
CFTC Signals New Rulemaking for Prediction Markets and Crypto Oversight

The Commodity Futures Trading Commission (CFTC) plans to develop new regulations governing the growing prediction markets industry, Chairman Michael Selig announced, signaling a shift in regulatory strategy.

February 11, 2026
Ameriprise Advisor Phishing Incident Potentially Exposes Client Data

A phishing incident involving an Ameriprise Financial advisor potentially exposed the personal information of hundreds of clients, according to a disclosure posted by the Maine Attorney General’s office.

February 10, 2026
Merrill Lynch Expands Client Disclosures on Crypto and AI Risks

Merrill Lynch updated its required client disclosure brochure to address, for the first time, the evolving risks tied to cryptocurrency-linked investments and the firm’s expanding use of Artificial Intelligence tools.