A recent report from financial-planning.com (“NASD Fines Eight B-Ds for Accepting Fund Kickbacks,” Giselle Abramovich, 10/17/05) points out the problem of compensation in the investment industry. Here’s a portion of the news:
“The NASD has fined eight broker-dealers, including one fund distributor, $7.75 million for giving preferential sales treatment to mutual funds in exchange for lucrative trading commissions from directed-brokerage agreements. Four of the companies are subsidiaries of National Planning Holdings, which collectively paid $3,850,000. They include Invest Financial, which paid $1,520,000; National Planning Corp., which paid $1,308,000; SII Investments, which was fined $658,500; and Investment Centers of America, which was penalized $363,500. Other companies charged included Commonwealth Financial, which was fined $1,400,000; Mutual Service Corp., fined $1,300,000; Lincoln Financial Advisors, fined $950,000; and Lord Abbett Distributor, fined $255,000.
“Lord Abbett, the fund distributor, was accused of paying three brokerages more than $900,000 in trading commissions to be included in their lists of recommended funds and on their internal Web sites. Lord Abbett also gained enhanced access to the dealers' sales teams through participation in broker training events, according to the NASD. Two of the companies received the commissions directly for carrying out the trades. The third company, which did not have a trading desk, split the payment with a clearinghouse that completed the trades in its place, according to the NASD.
“The NASD has been busy on the directed-brokerage front in recent months, fining 15 brokerages--including six subsidiaries of AIG $34 million in June for these violations. Since it began its crackdown, some of its cases have been handled in conjunction with the Securities and Exchange Commission.”
Think of the hundreds (thousands?) of investors who thought their advisors were acting in the client’s best interest. Surprise. The advisor was acting in his (I’m sure no women advisors were involved) own best interest.
The honest and ethical investment advisor will never accept compensation from anyone other than the client. That means no revenue-sharing, no bribes, no kickbacks, no Caribbean vacations, no NFL tickets – just fully-disclosed compensation from the client.
The wise investor should ask the following questions of his or her advisor:
- Other than the fee or commission you charge me, in what other ways are you compensated?
- Do you or your firm accept compensation for promoting certain securities or placing them on a “select list?”
- Where commissions are charged, explain the differences in commission or payment to you based on the security you recommend.
- Are you provided any form of non-cash compensation for meeting certain sales levels, such as vacations, access to sporting events, computer equipment, etc.?
The NASD, SEC, and Elliot Spitzer will continue to hunt down the dishonest advisors and investment firms. I’m sure there will be far too many culprits who will escape the net. So, be smart and ask the right questions.