More On Legal & Compliancefrom The Advisor's Professional Library
- Using Solicitors to Attract Clients Rule 206(4)-3 under the Investment Advisors Act establishes requirements governing cash payments to solicitors. The rule permits payment of cash referral fees to individuals and companies recommending clients to an RIA, but requires four conditions are first satisfied.
- Disaster Recovery Plans and Succession Planning RIAs owe a fiduciary duty to clients to prepare for disasters and other contingencies. If an RIA does not have a disaster recovery plan, clients financial well-being may be jeopardized. RIAs should also engage in succession planning, ensuring a smooth transaction if an owner or principal leaves.
Kweku Adoboli, the former UBS trader arrested in September over losses of $2.3 billion, pleaded not guilty to all charges on Monday at a London hearing. With new lawyers at his side, the man accused of causing the biggest unauthorized trade loss in British history said he was not guilty of fraud and false accounting.
Adoboli was taken into custody on Sept. 15 after UBS sent police after him. At the time he said he had falsified counterparties in a number of trades after they were questioned. The trades caused the departure of former CEO Oswald Greubel and the co-heads of the bank’s global equities business, and also launched an investigation by British and Swiss financial regulators into how such a massive loss could have proceeded unchallenged.
Adoboli hired new attorneys after saying through his old attorneys in September, at a hearing, that he was “sorry beyond words” for “his disastrous miscalculations.” In December he was given an extra month to enter a plea. His new lawyer, Paul Garlick of Bark & Co. in London, told the court that his client had not received “satisfactory legal advice.”
UBS said that Adoboli masked his trades by fictitious positions. According to prosecutors, he also falsified records on ETF transactions. He has been charged with fraud and false accounting going back to 2008, and is being held at Wandsworth prison in London. His attorneys have not requested bail; Adoboli holds a Ghanaian passport.