More On Legal & Compliancefrom The Advisor's Professional Library
- Risk-Based Oversight of Investment Advisors Even if the SEC had a larger budget and more resources, it is doubtful that the Commission would have the resources to regularly examine all RIAs. Therefore, the SEC is likely to continue relying on risk-based oversight to fulfill its mission of protecting investors.
- Pay-to-Play Rule Violating the pay-to-play rule can result in serious consequences, and RIAs should adopt robust policies and procedures to prevent and detect contributions made to influence the selection of the firm by a government entity.
The Financial Industry Regulatory Authority (FINRA) announced Thursday that it has fined Barclays Capital Inc. $3 million for misrepresenting delinquency data and for inadequate supervision in connection with the issuance of residential subprime mortgage securitizations (RMBS).
According to FINRA’s findings, from March 2007 through December 2010, Barclays misrepresented the historical delinquency rates for three subprime RMBS it underwrote and sold. The inaccurate delinquency data posted on Barclays' website was referenced as historical information in five subsequent RMBS investments and contained errors significant enough to affect an investor's assessment of subsequent securitizations, the agency said.
Barclays neither admitted nor denied the charges in settling the matter, but consented to the entry of FINRA's findings.
"Barclays did not have a system in place to ensure that delinquency data posted on its website was accurate,” said Brad Bennett, FINRA executive vice president and chief of enforcement, in a statement. “Investors were supplied inaccurate information to assess future performance of RMBS investments."
Additionally, FINRA said, Barclays failed to establish an adequate system to supervise the maintenance and updating of relevant disclosure on its website,.
Issuers of subprime RMBS must disclose historical performance information for past securitizations that contain mortgage loans similar to those in the RMBS being offered to investors. According to FINRA, investors depend on the accuracy of historical delinquency rates, which are material to assessing the value of RMBS and in determining whether future returns may be disrupted by mortgage holders' failures to make loan payments.