What’s Best For The Customer Doesn’t Matter According To Finra CEO Ketchum

images (19)

Brokerdealer.com blog update profiles Finra CEO, Richard Ketchum has come back at the Department of Labor (DOL), as it proposed to raise invesment advice standards for broker dealers. Ketchum claims this could cause firms to discontinue sales of individual retirement accounts as it would force there be a bias against products with higher fees, regardless of what’s best for the customer. This brokerdealer.com blog update profiling the implications of this new DOL proposal is courtesy of InvestmentNews article, “Finra’s Ketchum criticizes DOL fiduciary rule“, with an excerpt below.

Finra’s CEO Richard Ketchum criticized a Department of Labor proposal to raise investment advice standards for brokers Wednesday, saying it might cause firms to curtail — or even discontinue — sales of individual retirement accounts.

Mr. Ketchum said the DOL proposal would create a bias against financial products with higher fees, even if they’re the best recommendation for a client, and that it could force firms to move to a fee-based rather than brokerage business model. He also said it’s not a good idea to regulate retirement products, such as 401(k)s and IRAs, differently than other investments.

The Securities and Exchange Commission should take the lead in drafting a fiduciary-duty rule “across all securities products,” Mr. Ketchum told reporters on the sidelines of the Financial Industry Regulatory Authority Inc’s annual conference in Washington. SEC Chairwoman Mary Jo White favors such a rule, but has acknowledged it’s not clear whether she has the support of the five-member panel to make a proposal.

To continue reading about Finra CEO Ketchum and his take on the DOL proposal and his opinion on the SEC acting on this issue first, click here.

 

Finra Chief Says This About Broker-Dealer Fiduciary Rules

Richard Ketchum, Finra

BrokerDealer.com update profiles Finra Chairman Richard Ketchum’s position on the topic of broker-dealer guidelines and respective fiduciary standards.

Below extract is courtesy of FA Magazine

Calling a fiduciary rule for broker-dealers a “must,” Financial Industry Regulatory Authority Chairman and CEO Richard Ketchum laid out model guidelines Wednesday.

Ketchum said the standard is needed because too many brokers are pushing complex financial products on investors without appropriate fee and risk disclosures.

The regulator said a more stringent customer-focused standard for brokers other than suitability is also advisable because some firms continue to approach conflict management on a haphazardly and some fail to adequately discuss potentially higher fees involved in IRAs to permit a customer to make a fully informed decision.

He said the standard should be based on three essential tenets: active identification and management of firms’ conflicts; dramatically improved disclosure of risks associated with the product and product-related fees, firm and third party incentives; and more effective management of the compensation incentives to registered persons.

“The best interest standard should make clear that customer interests come first and that any remaining conflicts must be knowingly consented to by the customer,” said Ketchum.

To protect retail investors from conflicts of interest, the Finra CEO said the rules should require brokers to have an ongoing process to identify conflicts which could be costly to investors and develop written supervisory procedures to address how those conflicts would be eliminated or managed.

Also key to an effective fiduciary standard would be enhanced disclosures through an annual Form ADV-like document annually providing clear, plain English descriptions of conflicts, and all product and administrative fees, said Ketchum.

To continue reading the coverage from FA Magazine, please click here

BrokerDealers Can Now Recommend ETFs Compliance Free

new rules

BDs Now Compliance-Free when it comes to recommending a buy, sell or hold for ETFs

BrokerDealer.com blog update profiles what could be a watershed moment for the broker-dealer community: BDs can now ‘recommend’ to clients to buy, sell or hold exchange-traded-funds (ETFs) without having to c0mply with long-established Finra and SEC rules with regard to research.

This story is courtesy of MarketsMuse, the financial industry news curator, with extract below:

buysellholdMarketsMuse ETF update profiles just-passed-by-Congress legislation that offers a sigh of relief for broker-dealers who aspire to frame ETF recommendations within the context of research (which might qualify them for ‘buyside research votes’), but have held back from issuing a buy, sell or hold recommendation for ETFs out of fear of Finra and/or SEC staffers sanctioning them.

All can guess that those lobbyists engaged by ETF issuers and sell-siders  who focus heavily on ETFs will be getting a hefty bonus in consideration for greasing the wheels and halls of Congress and helping brokerdealers creatively usurp Finra rules and regs when it comes to what is and what is not considered “research.” One group of folks not celebrating: top brass and salesman at Morningstar (read further)

 

International Fraud Lands New York BrokerDealer In Hot Water

download (28)

Brokerdealer.com blog update profiles New York broker dealer, Robert Depalo, being charge with several charges after a year long investigation discoverd Depalo was running a highly sophisticated international fraud scheme. Depalo schemed more than 20 wealthy London investors with the help of 37 year old associate, Joshua Gladtke. Both are being charged by the Manhattan DA as well as the SEC. This update is courtesy of the Wall Street Journal’s article, “Manhattan DA Charges NY Broker-Dealer in International Fraud“, with an excerpt below. The Manhattan district attorney’s office charged New York broker-dealer Robert Depalo with running a sophisticated investment fraud, following a yearslong investigation that the office nearly dropped after hitting a dead-end. Prosecutors alleged in court documents that Mr. Depalo duped more than 20 high-net-worth investors in London into pouring $6.5 million into a fraudulent investment vehicle called Pangaea Trading Partners LLC. The Securities and Exchange Commission filed similar civil charges Wednesday afternoon. The alleged scheme involves a complicated trail of money and sham entities that not only befuddled investors but prosecutors as well, the people said. It also highlights the efforts of the district attorney’s office to pursue increasingly complex and international cases that are more frequently handled by city prosecutors’ federal counterparts blocks away at the Manhattan U.S. attorney’s office.

To continue reading about the international fraud scheme, Depalo’s charges, click here

Overstock.com Gets Into Bitcoin-BrokerDealer Biz with Stake in ATS

Patrick Byrne,

BrokerDealer.com blog update profiles the latest chapter in CEO Patrick Byrne’s playbook to become a blockchain billionaire and scheme to open a bitcoin exchange via his acquisition of a  25% stake in PRO Securities, an SEC-registered alternative trading system. Whether Byrne is a Blockhead or will prove to be the first Blockchain billionaire remains to be seen, but he is one determined guy.

Online retailer Overstock has stepped up its plans to issue “digital securities” through the acquisition of a 25% stake in alternative trading system (ATS) PRO Securities, according to Wired.

Last year Overstock CEO Patrick Byrne hired developers and lawyers in an effort to create a platform – dubbed ‘Medici’ – that could use the core blockchain technology to create a cryptosecurity trading system, in which computer algorithms are used to trade virtual stocks issued by public companies.

Then, in a recent prospectus filed with the SEC related to the sale of securities, the company revealed: “We may decide to offer any of the securities described in this prospectus as digital securities, meaning the securities will be uncertificated securities, the ownership and transfer of which are recorded on a cryptographically-secured distributed ledger system using technology similar to (or the same as) the distributed ledger technology used for trading digital currencies.”

Details of how this would be achieved have now emerged, with Wired reporting that last autumn a stake was acquired in SEC-regulated PRO Securities, which has now amended its charter to say that it may handle trades in digital securities via blockchain-related technology.

Bryne has told Wired that his firm has already built the blockchain-related tech on top of PRO Securities platform and is now ready to show it to regulators.