More On Legal & Compliancefrom The Advisor's Professional Library
- Conducting Due Diligence of Sub-Advisors and Third-Party Advisors Engaging in due-diligence of sub-advisors isnt just a recommended best practice it is part of the fiduciary obligation to a client. An RIA should be extremely reluctant to enter a relationship with a sub-advisor who claims the firms strategy is proprietary.
- Client Commission Practices and Soft Dollars RIAs should always evaluate whether the products and services they receive from broker-dealers are appropriate. The SEC suggested that an RIAs failure to stay within the scope of the Section 28(e) safe harbor may violate the advisors fiduciary duty to clients, so RIAs must evaluate their soft dollar relationships on a regular basis to ensure they are disclosed properly and that they do not negatively impact the best execution of clients transactions.
Mark Madoff, the elder son of Bernie Madoff, the man whose name has become a byword for financial fleecing, took his life on Saturday on the second anniversary of his father’s arrest.
The younger Madoff, 46, was found in his SoHo apartment by his father-in-law; his two-year-old son was in the apartment at the time, according to a Reuters report.
Bernard Madoff, 72, is currently serving a 150-year sentencefor committing what is considered the largest financial fraud in history; he ran a Ponzi schemethat ran for decades and brought him and his family illicit billionsin wealth at the expense of his investors, both large and small, famous and unknown. He was arrested on Dec. 11, 2008, after his two sons turned him in; they said he had admitted to them what he had done the day before.
However, investors have found it difficult to believe that the younger Madoffs and the rest of the family did not know what Madoff was up to. An unnamed source said Mark Madoff was distraught over the possibility of criminal chargesbeing filed against him.
In addition, he and other family members were being suedby the court-appointed trustee in an effort to recover some moneyfor the investors who were defrauded in the operation. Five Madoff grandchildren were being sued as well. The trustee, Irving Picard, has said that family members should have been aware of what was going on and called all the Madoffs who worked at the firm “completely derelict in duties and responsibilities.”