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Regulation and Compliance > Federal Regulation > SEC

SEC Hits RIA With $6.5M Texting Fine

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What You Need to Know

  • Senvest employees communicated about company business internally and externally using personal texting platforms
  • Two former SEC attorneys predicted in late March that texting fines against RIAs were likely on their way.
  • Senvest also failed to maintain or preserve the off-channel communications.

The Securities and Exchange Commission texting crackdown continued Wednesday when the regulator ordered RIA Senvest Management to pay $6.5 million for communicating about company business internally and externally using personal texting platforms and other non-Senvest messaging applications in violation of the firm’s policies and procedures.

The SEC said New York-based Senvest engaged in “widespread and longstanding failures” to maintain and preserve certain electronic communications, and charged the firm with failing to enforce its code of ethics.

Two former SEC attorneys predicted in late March that texting fines against investment advisory firms were likely on their way.

Senvest admitted the facts set forth in the Commission’s order, acknowledged that its conduct violated the federal securities laws and agreed to pay the penalty and to improve its compliance policies and procedures.

Eric Werner, director of the Fort Worth Regional Office, said Wednesday in a statement that the SEC “continues to focus on regulated entities’ compliance with the recordkeeping requirements. Adherence to these requirements is essential for the Commission to effectively exercise its regulatory oversight and enforce the federal securities laws.”

See: Cambridge, Northwestern Mutual Among 16 Firms Hit With Texting Fines

According to the order, from at least January 2019 through December 2021, Senvest employees at various levels of authority communicated about company business internally and externally using personal texting platforms and other non-Senvest messaging applications.

“Senvest supervisors, who were responsible for preventing such conduct by junior employees and for implementing the firm’s policies and procedures, also discussed Senvest business using off-channel communications,” the order states.

For example, three senior employees engaged in such discussions on personal devices set to automatically delete messages after 30 days.

“These automatic deletions prevented Senvest from recovering certain messages that it was required to keep under the Advisers Act and the firm’s policies and procedures,” the order states.

Senvest also failed to maintain or preserve the off-channel communications as required under the federal securities laws and the firm’s policies and procedures.

The order also finds that certain Senvest employees failed to adhere to provisions of the firm’s code of ethics requiring them to obtain pre-clearance for all securities transactions in their personal accounts.


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