DOL Fiduciary Rule – Violation Charges – Proof the DOL Rule is “Live”

Here’s the Skinny,

As recently stated in the news, “Massachusetts charged Scottrade with dishonest and unethical conduct and failure to supervise, in what is the first known enforcement action under the Department of Labor’s revised fiduciary rule.”[1]

Essentially this was the result of their running two sales contests between June and September 2017.[2]

“The Massachusetts complaint asserts that the Scottrade sales contests encouraged their brokers to put their own interests — winning $285,000 in cash prizes for attaining new assets — ahead of their clients’ interests in building their nest eggs. The complaint seeks an order forcing Scottrade to cease and desist, as well as censuring the firm, requiring it to disgorge ill-gotten profits and imposing a fine.”[3]

DOL officials had previously stated they would not pursue claims against “fiduciaries working diligently and in good faith to comply.”[4]

One would assume, among other allegations, that Massachusetts does not believe that Scottrade was “working diligently and in good faith to comply.”

Massachusetts Secretary of the Commonwealth, William Galvin, further stated, “If the Department of Labor will not enforce its own laws and rules, then the states must do what they can to protect retirees from firms who believe they can play with peoples’ life savings by conducting sophomoric (sales) contests.”[5]

Other States are expected to follow the Massachusetts lead.[6]

Many believe that any (and all) sales contests or sales incentives create a conflict of interest and negate a firm’s ability to comply with the best-interest standard.  The Director of Investor Protection at the Consumer Federation of America said the case “perfectly illustrates the kind of practices that go on behind the scenes at firms that claim to be complying with a best-interest standard.”[7]

No doubt this is a shock to many advisors and institutions, as I’m sure Scottrade was not alone in running sales contests in 2017-18.  Unfortunately, many professionals have been under the false belief that the DOL Fiduciary Rule was delayed in its entirety, rather than only partially, as is the case.

For more information click & refer to these previous Advisor Skinny posts…

That’s the Skinny,

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    1. February 15, 2018, Financial Planning, “Scottrade charged with fiduciary violations in rebuke to Trump administration.”
    2. February 15, 2018, Investment News, “Galvin charges Scottrade with DOL fiduciary rule violations.”
    3. February 15, 2018, Investment News, “Galvin charges Scottrade with DOL fiduciary rule violations.”
    4. February 15, 2018, Financial Planning, “Scottrade charged with fiduciary violations in rebuke to Trump administration.”
    5. February 15, 2018, Financial Planning, “Scottrade charged with fiduciary violations in rebuke to Trump administration.”
    6. February 21, 2018, Investment News, “Maryland jumps into fiduciary fray with legislation requiring brokers to act in best interests of clients.”
    7. February 15, 2018, Investment News, “Galvin charges Scottrade with DOL fiduciary rule violations.”

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