Cambridge, Lincoln among firms hit by SEC's $81M fine blitz

February 9, 2024

Leading independent broker-dealers Cambridge Investment Research Inc. Northwestern Mutual Investment Services and Lincoln Financial Advisors Corp. were among 16 wealth management firms that agreed to pay $81 million collectively to settle charges related to the Securities and Exchange Commission's ongoing investigation of how the financial advice industry at times mishandles electronic communications, including personal texting, among employees and financial advisors.


According to a statement Friday by the SEC, the firms admitted the facts set forth by the SEC orders, acknowledged that their conduct violated record-keeping provisions, and have started to implement improvements in their compliance.


Broker-dealers and registered investment advisors are highly regulated businesses when it comes to electronic communications like emails and text messages. The SEC has been heavily penalizing firms whose financial advisors or other employees go around or circumvent company-approved channels of sending messages. Regulators are particularly focused on firms' failure to monitor employees using unauthorized messaging apps.


"These text messaging issues at broker-dealers and RIAs could have been avoided with some regulatory guidance several years ago," said Sander Ressler, managing director of Essential Edge Compliance Outsourcing Services. "Texting isn't a recent occurrence. Firms, financial advisors and employees have been using text messages, especially with foreign or overseas clients, and it was a form of communication that wasn't captured.


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Text messaging issues at broker-dealers and RIAs could have been avoided with some regulatory guidance, compliance expert says.


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