More On Legal & Compliancefrom The Advisor's Professional Library
- Risk-Based Oversight of Investment Advisors Even if the SEC had a larger budget and more resources, it is doubtful that the Commission would have the resources to regularly examine all RIAs. Therefore, the SEC is likely to continue relying on risk-based oversight to fulfill its mission of protecting investors.
- Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not. Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.
In the continuing saga of investment con man Bernie Madoff and his victims Ron Stein, President of the Network for Investor Action and Protection, a not-for-profit foundation founded by former investors of Bernard L. Madoff Investment Securities LLC.,weighed in on the Madoff Trustee’s lawsuit against JPMorgan Chase.
“This action is appropriate and overdue,” Stein said in a statement Thursday. “The Trustee has drawn a clear line between the facilitators of the fraud and innocent victims of the fraud, and we believe his efforts to recover funds should be focused on the guilty parties. Innocent investors who had no knowledge of the fraud should be left alone.”
Irving Picard, the trustee seeking money for defrauded clients of Madoff, said he filed a $6.4 billion lawsuit accusing JPMorgan Chase of aiding Madoff’s fraud as his main banker.
Reuters notes the lawsuit is the second largest that Picard has filed against former Madoffclients or others he believes assisted in the estimated $65 billion Ponzi scheme.
JPMorgan, the No. 2 U.S. bank, was for more than 20 years the main banker for Bernard L. Madoff Investment Securities LLC, which the trustee is liquidating following its Dec.11, 2008 collapse. Picard must file "clawback" lawsuits to recover money lost in the fraud by the two-year anniversary of the Madoff firm's demise, according to the news service.