ARTICLE
23 September 2019

SEC Sues Investment Advisory For Charging Clients Improper Transaction Costs

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 charged an investment advisory firm and its principal and sole owner for defrauding advisory clients.
United States Corporate/Commercial Law

The SEC charged an investment advisory firm and its principal and sole owner for defrauding advisory clients.

In a suit filed before the United States District Court for the Eastern District of Pennsylvania, the SEC alleged that the investment advisory firm invested clients in a version of unit investment trusts ("UIT") that charged transaction sales charges when an identical UIT without sales charges was available. The SEC claimed that by selecting the UITs with transaction charges, the investment advisory firm caused clients to pay unnecessary transactional sales charges of which the firm's affiliated broker-dealer was the beneficiary of these payments. The SEC claimed that the firm and its principal violated their duty to seek best execution of the trades and failed to disclose all material conflicts of interest. The Complaint also named the investment advisory firm's affiliated broker-dealer as a relief defendant.

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