ARTICLE
17 January 2017

SEC Charges Brokers With Generating Commissions And Fees Through Excessive Trading

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The SEC filed a complaint in the federal court in Manhattan charging two sales representatives with violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act.
United States Corporate/Commercial Law

The SEC filed a complaint in the federal court in Manhattan charging two sales representatives with violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act. The SEC alleged that the sales representatives obtained "hefty commissions for themselves" by using a fraudulent "in-and-out trading strategy" that led to significant losses for several customers. The SEC stated that the defendants violated antifraud provisions by (i) recommending a trading strategy to customers without any "reasonable basis" to believe that the strategy could deliver a profit for customers, and (ii) engaging in "churning" with regard to certain customer accounts, which involved selling securities in customers' accounts within two weeks of purchase and charging their customers a commission for each respective transaction.

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