SEC Charges 16 Firms with $81 Million Penalty for Recordkeeping Failures
On Feb. 9, 2024, in a significant enforcement action, the Securities and Exchange Commission (SEC) announced charges against five broker-dealers, seven dually registered broker-dealers and investment advisers, and four affiliated investment advisers for widespread and longstanding failures to maintain and preserve electronic communications. These firms have collectively agreed to pay more than $81 million in civil penalties. The Violations and Penalties The SEC's investigation revealed that employees at these firms were using unapproved communication methods, known as off-channel communications, to discuss business matters. These methods included personal text messages, which the firms failed to maintain or preserve as required by federal securities laws. This lack of compliance deprived the SEC of critical information necessary for monitoring and enforcement. The penalties are substantial, as outlined below: Northwestern Mutual (NMIS, NMIM, and Mason Street): $16.5 million Guggenheim Securities (Guggenheim Securities and GPIM): $15 million Oppenheimer & Co. Inc.: $12 million Cambridge Investment Research (CIR and CIRA): $10 million Key Investment Services (KIS [...]