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

Defendant Type: Subsidiary of Public Company

Document Reference: 2022-174_3-21166

Document Details

Legal Case Name In the Matter of BofA Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated
Document Name SEC Charges 16 Wall Street Firms with Widespread Recordkeeping Failures
Document Date 27-Sep-2022
Document Format Administrative Proceeding
File Number 3-21166
Allegation Type Broker Dealer
Document Summary On September 27, 2022, the SEC "announced charges against 15 broker-dealers and one affiliated investment adviser for widespread and longstanding failures by the firms and their employees to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders, acknowledged that their conduct violated recordkeeping provisions of the federal securities laws, agreed to pay combined penalties of more than $1.1 billion, and have begun implementing improvements to their compliance policies and procedures to settle these matters."

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
Censured
Compliance Related Independent Consultant
Cooperation Before the Resolution
Monetary Penalties:

Civil Penalty

Individual:     Shared:     $125,000,000.00
Shared with: BofA Securities, Inc.

Related Documents:

34-95921 27-Sep-2022 Administrative Proceeding
Order Instituting Administrative And Cease-and-Desist Proceedings Pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
On September 27, 2022, the SEC instituted settled administrative and cease-and-desist proceedings against BofA Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, stating: "From at least January 2018 to September 2021, BAML employees sent and received off-channel communications that related to the business of the broker-dealers operated by BAML. Respondents did not maintain or preserve the substantial majority of these written communications. Respondents' failures were firm-wide, and involved employees at all levels of authority. As a result, Respondents violated Section 17(a) of the Exchange Act and Rule 17a 4(b)(4) thereunder."

Other Defendants in Action:

BofA Securities, Inc.