More On Legal & Compliancefrom The Advisor's Professional Library
- Scope of the Fiduciary Duty Owed by Investment Advisors A fiduciary obligation goes beyond the suitability standard typically owed by registered representatives of broker-dealer firms to clients. The relationship is built on the premise that the advisor will always do the right thing for the person or entity receiving advice.
- Differences Between State and SEC Regulation of Investment Advisors States may impose licensing or registration requirements on IARs doing business in their jurisdiction, even if the IAR works for an SEC-registered firm. States may investigate and prosecute fraud by any IAR in their jurisdiction, even if the individual works for an SEC-registered firm.
The House Financial Services Subcommittee on Oversight and Investigations, chaired by Rep. Randy Neugebauer, R-Texas, said Wednesday that it expects to report the results of its year-long investigation into the collapse of MF Global in the next few weeks.
“Our investigation is essentially an autopsy of how MF Global came to its ultimate demise and what policy changes need to be made to prevent similar customer losses in the future,” Neugebauer said in a statement. “We must restore confidence and integrity to the futures markets and send a strong signal to customers that their accounts are safe and secure.”
The subcommittee says its investigation has involved three hearings, more than 50 interviews and the review of more than 243,000 documents obtained from MF Global, its former employees, federal regulators and other sources.
“MF Global customers deserve to know how and why their funds went missing; market participants deserve to know whether regulatory lapses have been identified and corrected; and taxpayers deserve to know that policymakers and regulators have been held accountable,” Neugebauer said.
In late August, prosecutors dropped their criminal investigation into the former Goldman Sachs head/governor of New Jersey/disgraced MF Global CEO, Jon Corzine. The New York Times also reported at the time that Corzine might start a hedge fund.