SEC sued over broker-dealer texting fines data

June 6, 2024

A lawsuit filed today against the SEC seeks information about how the agency has calculated billions of dollars in fines against brokerdealers for off-channel communications record keeping failures. Since 2021, the Securities and Exchange Commission has been on an enforcement blitz with broker-dealers and RIAs over that issue. Many large firms, including JPMorgan, Bank of America, Barclay’s, Citigroup, Credit Suisse, Deutsche, Goldman Sachs, and Morgan Stanley have agreed to pay $125 million each to settle SEC charges, though smaller ones have had penalties of less than half that amount. In its lawsuit filed in US District Court in Florida, the American Securities Association is trying to force the SEC to provide documents showing how those amounts were reached. That group earlier this year filed three Freedom of Information Act requests with SEC that were subsequently denied.



“In the Fall of 2021, the SEC began to investigate certain brokerdealers’ retention of ‘off-channel’ communications, such as text messages on personal devices. The SEC demanded scores of documents from numerous companies without any suspicion that they violated the commission’s rules,” the lawsuit stated. “There appears to be no rhyme or reason for how the SEC imposed these penalties, and the SEC has provided little explanation into its decision making. The regulated community thus is left with many questions.”

Investment News



‘Extraordinarily large’ sums prompt American Securities Association’s lawsuit, which asks commission to turn over documents showing how those amounts were reached.


April 21, 2025
A federal judge in Brooklyn last week approved the release of $400 million in funds to some of the beleaguered investors in GPB Capital Holdings who have not seen a nickel or returns since 2018, when the private placement investment scheme began to unravel.  Meanwhile, the sentencing of two top GPB executives, founder David Gentile, and broker-dealer and sale chief Jeff Schneider, was scheduled for this week but has been moved to May, according to court filings. Last August, a jury in federal court in Brooklyn found Gentile guilty of five counts of fraud and Schneider three. The federal government’s charges stemmed from their management of GPB Capital Holdings, which was founded in 2013, GPB Capital. The money manager sold its high risk private placements through dozens of independent broker-dealers and five years later had raised $1.8 billion from wealthy clients looking for yield in a decade ago when interest rates were next to zero.
February 19, 2025
Investors in high-risk private placements managed by GPB Capital Holdings have not seen any return from their investments since 2018, the last time any of the six funds paid out distributions to clients. After years of court battles and delays, that could be changing. In January, a court-appointed receiver in charge of distributing assets to 17,000 investors who bought $1.8 billion of GPB limited partnerships starting in 2013 submitted a plan to begin return money to investors. There will be winners and losers among the GPB investors waiting to get money back.