News & Events

As the deadline for comments on SEC Regulation Best Interest draws to a close, echoes from the debate on the Department of Labor (“DOL”) fiduciary rule can be heard in new concerns being raised before the Commission. In a recent speech getting a lot of attention, SEC Commissioner Hester Peirce undertook an analysis of the proposed regulation. Bates Research takes a look at that and some other notable recent reactions.

Activity around the regulation of cryptocurrency continues apace. Only a short time ago, we reported on Operation Cryptosweep, a coordinated effort by NASAA and state securities regulators to crackdown on fraudulent cryptocurrency-related investment products. Today, we review a number of newsworthy developments that may affect the regulation of a technology that has defied easy categorization and oversight. Bates Research has the roundup:

In a recent Bates Group article covering FINRA’s 2018 Annual Conference, we reported that Michael Solomon, FINRA’s Senior Regional Director, warned of specific exam deficiencies that may trigger compliance scrutiny. In particular, he urged firms to protect investors against representatives attempting to “gam[e] the system” by trading Short Term Unit Investment Trusts (“UITs”). FINRA has put teeth into that warning by bringing enforcement actions against firms in connection with their representatives’ “offending” UIT client sales activity.

The SEC has highlighted frequent “best execution” deficiencies found in some recent examinations of investment advisers. As described in a new Office of Compliance Inspections and Examinations (“OCIE”) Risk Alert, investment advisers have a fiduciary obligation to seek “best execution” of client transactions. 

FINRA recently issued a new fraud warning to member firms, highlighted certain changing rules and procedures for arbitrators, reminded arbitrators to stay current on their disclosures and offered up year-to-date statistics on dispute resolution. Bates Research has a summary.

A recent analysis undertaken by the Wall Street Journal found that securities firms selling private placement investments employ an “unusually” high number of high risk brokers. The reporting has raised red flags for regulators who have committed themselves and their agencies to weeding out bad actors and recidivist brokers. Such scrutiny comes at the close of the comment period for FINRA’s “bad actor” rule proposals. Bates has the latest developments.

Just as the SEC was articulating a long-term agenda before Congress and pursuing a first-of-its-kind proactive investor advisory public outreach, the agency was forced to react to a new ruling by the Supreme Court declaring SEC hiring practices for Administrative Law Justices unconstitutional. In this article, we break down these recent developments and highlight a new independent analysis on elder financial exploitation published by the SEC Office of the Investor Advocate.

Since the Customer Due Diligence Rule (CDD) became effective on May 11, NFA proposed incorporating CDD provisions into their anti-money laundering compliance rules; two House legislators co-sponsored a bill that would increase the reporting thresholds for covered financial institutions and provide a temporary safe harbor for CDD violations; and FinCEN issued a detailed advisory reminding U.S. financial institutions of their obligations concerning senior foreign political figures and suspicious activity reporting.

Connect with Bates group at the 29th Annual ACFE Global Fraud Conference. Bates Director Alex Russell, CFE, CFA, will be presenting the Data Analytics and Anti-Fraud panel “Errors, Biases and Algorithms: How to Interpret Automated Results,” while Financial Crimes Director Geoff WInkler, CFE, will moderate the Emerging Issues Panel "How to Detect and Prevent Fraud in Loyalty Programs." Fraud Expert Jacqueline Bloink, CFE, RHIA, will also be speaking on the Best Practices panel “Forensic Medical Coding and Billing for the CFE.”

June 17-22, 2018 at the Mandalay Bay Resort and Casino in Las Vegas, NV.

Last month, the Association of Certified Fraud Examiners (ACFE) issued its 2018 Report to the Nations on Occupational Fraud and Abuse ("Global Fraud Study"). In the Global Fraud Study, the ACFE analyzed 2,690 cases reported by Certified Fraud Examiners from January 2016 through October 2017, covering 125 countries and over $7.1 billion in losses. The findings of the Global Fraud Study are concerning given the limited focus that most businesses place on fraud prevention. Bates Financial Crimes Director Geoff Winkler looks into the Report's details.

We are pleased to introduce Bates Group's newest experts & consultants: Jacqeuline Bloink, Ben Cooper, Craig Hurwitz, Lynn Jones, Jan Kostyun and W. Scott Simon.

Bates Group is proud to welcome Clay Grumke, our newest litigation, regulatory and internal investigations consultant and expert. Look for Clay at SIFMA's Compliance & Legal Society St. Louis Regional Seminar on June 12th, 2018.

Continuing our coverage of FINRA’s 2018 Annual Conference, regulators and firm compliance professionals participated in discussions in a session titled “Common Examination Findings and Effective Compliance Practices.” The regulators offered a look into problem areas firms continue to face and common examination deficiencies.

The discussion offered insight into FINRA’s evolving approach to regulatory and compliance management. Bates Research has the details.

In a series of significant investigatory and enforcement actions, the North American Securities Administrators Association (NASAA) engaged in a coordinated effort to crackdown on fraudulent cryptocurrency related investment products through “Operation Cryptosweep.” In another important enforcement development, NASAA entered into a cooperation agreement with the Commodity Futures Trading Commission (CFTC) to share information that could be the basis of enforcement actions under federal or state law.

Bates Group Leaders and Experts will be participating in two events coming up Thursday, May 31, 2018. Joseph Thomas, Bates Director and Elder Expert, will be speaking at SIFMA’s Investor Protection Workshop in Minneapolis, MN, while Bates Managing Director Susan Harper will moderate a New York State Bar Association panel discussion on "#MeToo: How to Navigate Sexual Harassment in the Workplace."  Appearing on the panel is Michael Putetti, Bates Group Labor & Employment Consultant and Expert.

FINRA issued a series of significant proposals over the past few weeks that would 1) reinforce certain firm supervisory obligations concerning associated persons with a history of past misconduct, 2) impose new restrictions on member firms that hire or employ high-risk brokers and 3) revise quantitative suitability standards. These proposals have significant implications going forward. Comments are due at the end of June. These and other issues were discussed at FINRA’s 2018 Annual Conference this week in Washington, D.C.