More On Legal & Compliancefrom The Advisor's Professional Library
- RIAs and Customer Identification Just as RIAs owe a duty to diligently protect their clients privacy and guard against theft, firms also play a vital role in customer identification. Although RIAs are not subject to an anti-money laundering rule, securities regulators expect advisors to address these issues in their policies and procedures.
- Best Practices for Working with Senior Investors Securities examiners deal harshly with RIAs that do not fulfill their fiduciary obligations toward senior investors, as the SEC and state securities regulators view older investors as particularly vulnerable and in need of protection.
SEC Chairman Mary Schapiro told chief compliance officers attending the Commission's second CCOutreach national seminar at SEC headquarters in Washington January 26 that since more and more firms registered with the SEC are either dually registered as broker/dealers and investment advisors, or have affiliates that represent each type of firm, the SEC has begun "much greater collaboration between the broker/dealer and advisor examination programs, resulting in successes at uncovering wrongdoing and determining the full nature and extent of fraudulent schemes." Recent enforcement actions have included failure to disclose material conflicts of interest, Ponzi schemes, fraudulent investment schemes, illicit trading on behalf of customers, insider trading, and improper valuation of client accounts.
Schapiro noted that Carlo DiFlorio, the new director of the SEC's Office of Compliance Inspections and Examination (OCIE), plans to "think about ways we can better integrate our examinations of investment advisors, broker/dealers, and mutual funds." Schapiro also said the SEC continues its search for staff with expertise in particular areas and also bolstering its training programs. She said SEC examiners are receiving "regular and relevant training," with more than 300 becoming certified fraud examiners last year alone.
The Commission is also "seeking input from staff with expertise in areas where risk-targeted examination sweeps might uncover fraudulent acts - or might provide valuable insight on strong compliance practices," Schapiro said. For instance, SEC staff is currently conducting an examination sweep targeting more than 50 registrants across the U.S. and the UK, she said. The sweep "focuses on the manner in which investment advisors that manage CDOs, hedge funds, and other vehicles that hold asset-backed securities and other structured products have managed those assets under the ongoing stresses of the credit market."