Defendant Name: Merrill Lynch, Pierce, Fenner & Smith Incorporated

Defendant Type: Subsidiary of Public Company

Document Reference: 2020-90

Document Details

Legal Case Name In the Matter of Merrill Lynch, Pierce, Fenner & Smith, Incorporated
Document Name SEC Orders Three Self-Reporting Advisory Firms to Reimburse Investors
Document Date 17-Apr-2020
Document Format Administrative Proceeding
File Number 3-19753
Allegation Type Investment Advisers/Investment Companies
Document Summary The SEC "announced settled charges against two advisers that self-reported as part of the Division of Enforcement's Share Class Selection Disclosure Initiative, and a third adviser that self-reported within months of the initiative's self-reporting deadline. The Commission's orders today are the final cases the Division intends to recommend under the terms of the initiative. Including today's actions, the Commission has ordered more than $139 million to be returned to investors as part of the initiative."

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
Censured
Other Compliance Related Undertaking
"comply with certain undertakings, including returning the money to investors"
Self Reporting to SEC
Monetary Penalties:

Disgorgement

(Penalty was noted in document, but no amount was listed)

Pre-Judgment Interest

(Penalty was noted in document, but no amount was listed)

Related Documents:

IA-5479 17-Apr-2020 Administrative Proceeding
Order Instituting Administrative and Cease-and-Desist Proceedings, Pursuant to Sections 203(e) and 203(k) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
On April 17, 2020, the SEC instituted settled cease-and-desist proceedings against Merrill Lynch, Pierce, Fenner & Smith, Incorporated. The SEC stated: "These proceedings arise out of breaches of fiduciary duty and inadequate disclosures by registered investment adviser Merrill Lynch, Pierce, Fenner & Smith, Incorporated in connection with its mutual fund share class selection practices and the fees it received pursuant to Rule 12b-1 under the Investment Company Act of 1940 ("12b-1 fees")."