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Tuesday, November 26, 2024

New Jersey B-D blocked potential whistleblowers, SEC claims - InvestmentNews

“You can’t put any language in an agreement that would prevent a client from reporting a broker-dealer’s actions," says one attorney.

The Securities and Exchange Commission on Wednesday hit a New Jersey broker-dealer with a $240,000 penalty for working to block clients from reporting investment losses stemming from potential violations of securities laws.

The firm, Nationwide Planning Associates Inc. of Fair Lawn, along with two registered investment advisor affiliates, agreed to the SEC’s settlement without admitting or denying the SEC’s findings in the matter. Michael Karalewich, CEO of Nationwide Planning Associates, did not return a phone call Thursday morning to comment.

“You can’t put any language in an agreement that would prevent a client from reporting a broker-dealer’s actions to a regulator or law enforcement agency of any kind,” said Ryan Bakhtiari, a plaintiff’s attorney. “That’s a major no-no.”

“Any outside or in-house counsel would know that rules preventing this are not anything news,” Bakhtiari said. “This is shocking.”

“Maybe 20 years ago a firm could have gotten away with this, but now everybody in the industry knows this is strictly forbidden,” he added. With that in mind, why would a firm engage in this kind of behavior? If there’s smoke, where’s the fire?”

From May 2021 through February 2024, Nationwide Planning Associates and the two RIAs, NPA Asset Management, with $882 in client assets and Blue Point Strategic Wealth Management, with $14 million,...



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