fiduciary duty

Registered Investment Advisor McDermott Accused By SEC Of Defrauding Clients

October 7, 2019 | Silver Law Group

Registered Investment Advisor McDermott Investment Advisors (MIA) and its founder Dean Patrick McDermott are the subject of a lawsuit filed by the Securities and Exchange Commission (SEC) for allegedly “double dipping” on fees by investing clients in securities that paid fees to an affiliated broker-dealer, rather than a cheaper alternative.

Clients Charged Unnecessary Transaction Fees

The lawsuit alleges that McDermott and MIA put over $5.7 million of its client’s assets into unit investment trusts (UITs) that charged a transaction fee, most of which was paid to a broker-dealer that was owned by McDermott, rather than a UIT with no transaction fee. Continue reading ›

Stifel, Niclaus, and Francis Weller Censured After Excess Client Fees

May 17, 2019 | Silver Law Group

The Massachusetts Securities Division has charged Cape Cod investment advisor Francis Weller, Jr. (CRD#: 4852071) and his company, Weller Asset Management, with violating their fiduciary duty to act in their clients’ best interest and failing to disclose conflicts of interest.

Weller and his company had an arrangement since 2009 with Missouri-based broker-dealer Stifel, Nicolaus & Company. One of its local representatives overcharged his Weller Asset clients and utilized Stifel’s resources. Continue reading ›

Why Does Wall Street Oppose a Fiduciary Duty?

February 20, 2019 | Silver Law Group

Stockbroker-Misconduct-1-300x150-300x150 The Securities Industry and Financial Markets Association has stated that in 2019, it plans to keep pressure on state officials who consider following Nevada in imposing a higher standard of care on broker-dealers. Leaders of the organization said that after praising a federal proposal that has been in the making for decades, SIFMA is committed to heading off state efforts that could overlap with the proposal, known as the Regulation Best Interest.

For years, the industry has disagreed about how to ensure that broker-dealers and investment advisers act in their clients’ best interests when recommending investments. In April, the U.S. Securities and Exchange Commission introduced Regulation BI, which is a proposal that would put checks on brokers and advisers.

“We would hope that states will pause, let the SEC act and then figure out how that’s going to protect their constituents within their states,” SIFMA’s president and CEO, Kenneth Bentsen said. “It is an issue of high interest to us and something we’ve been very involved in.”