Massachusetts securities chief William Galvin launches investigation of broker 'kickbacks'

Says states need to take the lead in securities investigations as Trump moves to cut back financial regulation.
AUG 15, 2017

Massachusetts' top securities regulator, Commonwealth Secretary William Galvin, launched an investigation Tuesday into charges that brokers were receiving 'kickbacks' for routing sales orders to certain stock exchanges. The probe was inspired in part by a recent New York Times oped by Jonathan Macey, a Yale law professor, and David Swensen, Yale's chief investment officer, who claimed that brokers seeking payment for order flows — instead of choosing the exchange with the best prices for their clients — are taking money out of their clients' pockets. "Brokers routinely take kickbacks, euphemistically referred to as 'rebates,' for routing orders to a particular exchange," Mr. Macey and Mr. Swensen wrote in a July 18 piece. "As a result, the brokers produce worse outcomes for their institutional investor clients — and therefore, for individual pension beneficiaries, mutual fund investors and insurance policy holders — and ill-gotten gains for the brokers." Mr. Galvin said in a statement that his office is "looking into the veracity of these assertions." In an interview, he added that he is also motivated by what he called the Trump administration's effort to cut back financial regulations. "As it was in previous administrations when this was the attitude, it's up to the states to take the lead," Mr. Galvin said. He has sent inquiry letters to Charles Schwab & Co. Inc., Scottrade Inc., TD Ameritrade Inc., Fidelity Brokerage Services, E*Trade Securities, Edward D. Jones & Co. and Morgan Stanley & Co. His office did not release the letters. "Institutional brokers are responsible for placing millions of dollars of average investors' life savings in their employers' pension plans, as well as in mutual funds and variable annuities," Mr. Galvin said in the statement. "If financial rebates or kickbacks create a conflict that results in less than the best deal for the investors, this practice must stop. It is the obligation of regulators to have reasonable assurance that the customer is not being harmed, and that is the reason I instructed my Securities Division to begin this investigation." The Securities and Exchange Commission has wrestled with best execution for decades. It's a topic that doesn't lend itself to easy solutions, according to Todd Cipperman, principal at Cipperman Compliance Services, because other factors, such as timing and order size, go into calculating best execution. "There's more to execution than price," Mr. Cipperman said. "Often, the lowest commission is not what determines the best execution. Just because they're paying [a broker] doesn't mean it's not the lowest price. It's a really complicated issue." In order to protect themselves, Mr. Cipperman recommends that brokers demonstrate why they choose an exchange. "Make sure you do some best-execution testing so you can justify why you used a particular trading venue," he said.

Latest News

The power of cultivating personal connections
The power of cultivating personal connections

Relationships are key to our business but advisors are often slow to engage in specific activities designed to foster them.

A variety of succession options
A variety of succession options

Whichever path you go down, act now while you're still in control.

'I’ll never recommend bitcoin,' advisor insists
'I’ll never recommend bitcoin,' advisor insists

Pro-bitcoin professionals, however, say the cryptocurrency has ushered in change.

LPL raises target for advisors’ bonuses for first time in a decade
LPL raises target for advisors’ bonuses for first time in a decade

“LPL has evolved significantly over the last decade and still wants to scale up,” says one industry executive.

What do older Americans have to say about long-term care?
What do older Americans have to say about long-term care?

Survey findings from the Nationwide Retirement Institute offers pearls of planning wisdom from 60- to 65-year-olds, as well as insights into concerns.

SPONSORED The future of prospecting: Say goodbye to cold calls and hello to smart connections

Streamline your outreach with Aidentified's AI-driven solutions

SPONSORED A bumpy start to autumn but more positives ahead

This season’s market volatility: Positioning for rate relief, income growth and the AI rebound