Compliance
SEC Charges Three Firms For Violating Custody Rule

Three investment firms have been sanctioned by the US Securities and Exchange Commission for violating a custody rule designed to ensure the safekeeping of customer funds, the regulator said.
Three investment firms have been sanctioned by the US
Securities and Exchange
Commission for violating a custody rule designed to ensure
the safekeeping of customer funds, the regulator said.
The SEC said New
York-headquartered Further Lane Asset Management,
GW & Wade of Wellesley, MA,
and Knelman Asset Management Group of Minneapolis
failed to maintain customer assets with qualified custodians, or
hire
independent public accountants to conduct "surprise exams" to
verify
the assets exist.
According to the commission, the charges were based on a
2010 amendment to a rule adopted under the Investment Advisers
Act of 1940. The
rule requires advisors to have surprise exams and to have a
reasonable basis to
believe that custodians are sending account statements to
investors at least
once a quarter.
"The heart of the relationship between advisors and
their customers is the safety of client assets," said Andrew
Ceresney,
co-director of the SEC enforcement division.
"Surprise exams or procedures associated with audited
financial statements provide additional safeguards against assets
being stolen
or misused."
Further Lane, chief executive Jose Miguel Araiz and an
affiliated advisor agreed to pay $347,122 to settle with the SEC,
while
Araiz also agreed to pay a $150,000 penalty and accept a one-year
industry ban.
GW & Wade and Knelman agreed to pay respective penalties
of $250,000 and $60,000 to settle, while chief executive Irving
Knelman
accepted a $75,000 penalty and three-year ban from serving as a
chief
compliance officer, the SEC added.
Neil Goldberg, a principal with GW & Wade, said in the
SEC statement that his firm had responded promptly to the
regulator’s concerns
and has enhanced oversight.