Key Takeaways
- The SEC Friday announced charges against ten firms over recordkeeping violations.
- Interactive Brokers and Baird and Co. were among the firms paying a collective $79 million fine.
- Brokers and advisors used off-channel communication while companies failed to maintain or preserve the records of such communication.
Interactive Brokers (IBKR), Robert W. Baird & Co., Nuveen Securities, William Blair & Company, and Fifth Third Securities (FITB) were among the firms charged for "widespread and longstanding failures to maintain and preserve electronic communications."
The companies agreed to pay a collective fine of $79 million and adjust their compliance policies to meet the recordkeeping provisions of the Securities Exchange Act of 1934, according to a statement from the SEC.
The SEC added that its investigations, dating back to 2019, found "pervasive and longstanding off-channel communications" at the ten firms. Employees at the firms communicated via private text messages about business matters. While the accused firms said their employees sent and received off-channel communications in relation to investment advice, the regulators said the companies violated securities laws by not preserving a large majority of the communications.The latest SEC enforcement follows a similar action against eleven Wall Street firms in August, which brought collective fines of $549 million.
Firms Fined by the SEC
- Interactive Brokers Corp.: $35 million.
- Robert W. Baird & Co.: $15 million.
- William Blair & Company LLC: $10 million.
- Nuveen Securities LLC: $8.5 million penalty.
- Fifth Third Securities Inc.: $8 million.
- Perella Weinberg Partners LP: $2.5 million.
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