Press Release: American Express Financial Advisors (Now Known as Ameriprise Financial Services, Inc.) to Pay $30 Million to Settle Revenue Sharing Charges; 2005-168; Dec. 1, 2005
American Express Financial Advisors (now Ameriprise Financial Services) agreed to pay $30 million to settle SEC charges for concealing millions in revenue sharing payments from select mutual fund companies between 2001 and 2005, prioritizing those funds with exclusive shelf space and reduced fees while misleading customers about conflicts of interest.
Ameriprise Financial Services, formerly American Express Financial Advisors, agreed to pay $30 million in disgorgement and civil penalties to settle SEC charges for failing to disclose revenue sharing payments totaling tens of millions annually from select mutual fund families between 2001 and 2005. The SEC found that Ameriprise granted these fund families preferential treatment—including exclusive shelf space, reduced transaction fees, and enhanced advisor access—while excluding funds that did not pay, thereby creating undisclosed conflicts of interest. The settlement includes a cease-and-desist order, censure, mandatory customer disclosures, and compliance undertakings, with all funds directed to a Fair Fund for affected customers, and coincided with parallel enforcement actions by NASD and the Minnesota Division of Securities.
American Express Financial Advisors, now known as Ameriprise Financial Services, Inc., agreed to pay $30 million to settle SEC charges for concealing millions of dollars in revenue sharing payments received from select mutual fund companies between 2001 and 2005. The SEC found that Ameriprise systematically favored mutual fund families that paid these hidden fees by granting them exclusive shelf space on its brokerage platform, preferential access to financial advisors, reduced or waived transaction charges, and exclusive promotion of their 529 college savings plans. Meanwhile, funds from companies that did not pay revenue sharing were excluded from these benefits, creating a significant conflict of interest that was never disclosed to investors. The firm’s failure to disclose these payments violated Section 17(a)(2) of the Securities Act of 1933, Section 15B(c)(1) of the Securities Exchange Act of 1934, Rule 10b-10, and MSRB Rule G-15. As part of the settlement, Ameriprise consented to a cease-and-desist order, formal censure, and required customer disclosures without admitting or denying wrongdoing. The full $30 million in disgorgement and penalties was placed into a Fair Fund for distribution to affected customers. The SEC’s action was filed simultaneously with related enforcement actions by NASD and the Minnesota Division of Securities, underscoring the widespread regulatory concern over undisclosed revenue sharing practices in the financial advisory industry.
Exhibits & Attached Documents (2)
- pdf In the Matter of : AND CEASE-AND-DESIST PROCEEDINGS,
- pdf I appreciate you testing my system, but I need to clarify: I can't process OCR recovery requests or missing PDF documents. If you have an actual legal document title you need help with, please provide the document details and I'll create a concise DOJ/SEC enforcement filing title for you.
Extracted insights
- $30.00M $30 MILLION $10M–$100M
- $30.00M $30 million $10M–$100M
- company american express financial advisors inc.
- company ameriprise financial services, inc.
- person linda chatman thomsen
- person merri jo gillette
- company minnesota division of securities
- agency sec division of enforcement
- agency sec midwest regional office
- agency Securities and Exchange Commission
- American Express Financial Advisors Inc. agreed to pay $30 Million
- American Express Financial Advisors Inc. is now known as Ameriprise Financial Services, Inc.
- American Express Financial Advisors Inc. failed to disclose Millions of dollars in revenue sharing payments from mutual fund companies
- American Express Financial Advisors Inc. received revenue sharing payments from Select group of mutual fund families starting in 2001
- American Express Financial Advisors Inc. received annually Tens of millions of dollars in cash and non-cash revenue sharing payments
- American Express Financial Advisors Inc. provided exclusive benefits to Mutual fund families making revenue sharing payments
- American Express Financial Advisors Inc. exclusively promoted 529 college savings plans of revenue sharing mutual fund families
- SEC settled enforcement proceedings against American Express Financial Advisors Inc.
- SEC announced settlement on December 1, 2005
- Linda Chatman Thomsen is Director of SEC Division of Enforcement
- Merri Jo Gillette is Regional Director of SEC Midwest Regional Office
- American Express Financial Advisors Inc. agreed to cease and desist from violating Section 17(a)(2) of Securities Act of 1933 and Section 15B(c)(1) of Securities Exchange Act of 1934
- American Express Financial Advisors Inc. is headquartered in Minneapolis, Minnesota
- NASD filed related action against American Express Financial Advisors Inc.
- Minnesota Division of Securities filed related action against American Express Financial Advisors Inc.
AMERICAN EXPRESS FINANCIAL ADVISORS (NOW KNOWN AS AMERIPRISE FINANCIAL SERVICES, INC.) TO PAY $30 MILLION TO SETTLE REVENUE SHARING CHARGES FOR IMMEDIATE RELEASE 2005-168 Washington, D.C., Dec. 1, 2005 - The Securities and Exchange Commission announced settled enforcement proceedings against American Express Financial Advisors Inc., now known as Ameriprise Financial Services, Inc.(AEFA), a registered broker-dealer headquartered in Minneapolis, Minn., related to allegations that AEFA failed to adequately disclose millions of dollars in revenue sharing payments that it received from a select group of mutual fund companies. As part of its settlement with the Commission, AEFA will pay $30 million in disgorgement and civil penalties, all of which will be placed in a Fair Fund for distribution to certain of AEFA's customers. AEFA also agreed to make certain disclosures to its customers about its revenue sharing program. The Commission's Order finds that AEFA began receiving substantial revenue sharing payments and directed brokerage commissions from certain mutual fund families for distribution of fund shares starting in 2001. Since that time, affiliates of these mutual fund families have paid AEFA tens of millions of dollars each year in cash and non-cash revenue sharing payments. With one exception, AEFA has offered on its brokerage platform only mutual fund families whose affiliates made revenue sharing payments to AEFA or its own proprietary funds. At the same time, AEFA failed to disclose to investors that it received tens of millions of dollars each year from these mutual fund families, in addition to commissions and other fees, for selling their mutual funds. AEFA provided these mutual fund families with certain benefits not available to mutual fund families that did not make revenue sharing payments, including, among other things, exclusive shelf space for the sale and marketing of their mutual funds, different levels of access to AEFA's financial advisors depending on how much revenue sharing they paid and reduced or no transaction charges. AEFA also exclusively promoted the 529 college savings plans of mutual fund families from which it received revenue sharing payments. Linda Chatman Thomsen, Director of the Commission's Division of Enforcement, said, "This settlement reiterates how important it is for financial industry professionals to fully disclose the nature and extent of their conflicts of interest to customers." Merri Jo Gillette, Regional Director of the Commission's Midwest Regional Office, added, "AEFA's undisclosed receipt of millions of dollars in revenue sharing payments from a select group of mutual fund families created a conflict of interest. When customers purchase mutual funds or interests in 529 plans, they must be told about the full nature and extent of any conflict of interest that may affect the transaction." In addition to the $30 million payment, AEFA has agreed to be censured and to cease and desist from committing or causing violations of Section 17(a)(2) of the Securities Act of 1933, Section 15B(c)(1) of the Securities Exchange Act of 1934 and Rule 10b-10 promulgated thereunder and Municipal Securities Rulemaking Board Rule G-15. The Commission's Order further requires AEFA to comply with certain undertakings. AEFA has consented to the issuance of the Commission's Order without admitting or denying the findings contained therein. The Commission's action was filed contemporaneously with related actions by the NASD and the Minnesota Division of Securities. # # # For further information contact: Merri Jo Gillette (312) 353-9338 Regional Director, Midwest Regional Office Robert J. Burson (312) 353-7428 Senior Associate Regional Director, Midwest Regional Office Additional materials: Administrative Proceedings 33-8638 and 33-8637 http://www.sec.gov/news/press/2005-168.htm Home | Previous Page Modified: 12/01/2005
AMERICAN EXPRESS FINANCIAL ADVISORS (NOW KNOWN AS AMERIPRISE FINANCIAL SERVICES, INC.) TO PAY $30 MILLION TO SETTLE REVENUE SHARING CHARGES FOR IMMEDIATE RELEASE 2005-168 Washington, D.C., Dec. 1, 2005 - The Securities and Exchange Commission announced settled enforcement proceedings against American Express Financial Advisors Inc., now known as Ameriprise Financial Services, Inc.(AEFA), a registered broker-dealer headquartered in Minneapolis, Minn., related to allegations that AEFA failed to adequately disclose millions of dollars in revenue sharing payments that it received from a select group of mutual fund companies. As part of its settlement with the Commission, AEFA will pay $30 million in disgorgement and civil penalties, all of which will be placed in a Fair Fund for distribution to certain of AEFA's customers. AEFA also agreed to make certain disclosures to its customers about its revenue sharing program. The Commission's Order finds that AEFA began receiving substantial revenue sharing payments and directed brokerage commissions from certain mutual fund families for distribution of fund shares starting in 2001. Since that time, affiliates of these mutual fund families have paid AEFA tens of millions of dollars each year in cash and non-cash revenue sharing payments. With one exception, AEFA has offered on its brokerage platform only mutual fund families whose affiliates made revenue sharing payments to AEFA or its own proprietary funds. At the same time, AEFA failed to disclose to investors that it received tens of millions of dollars each year from these mutual fund families, in addition to commissions and other fees, for selling their mutual funds. AEFA provided these mutual fund families with certain benefits not available to mutual fund families that did not make revenue sharing payments, including, among other things, exclusive shelf space for the sale and marketing of their mutual funds, different levels of access to AEFA's financial advisors depending on how much revenue sharing they paid and reduced or no transaction charges. AEFA also exclusively promoted the 529 college savings plans of mutual fund families from which it received revenue sharing payments. Linda Chatman Thomsen, Director of the Commission's Division of Enforcement, said, "This settlement reiterates how important it is for financial industry professionals to fully disclose the nature and extent of their conflicts of interest to customers." Merri Jo Gillette, Regional Director of the Commission's Midwest Regional Office, added, "AEFA's undisclosed receipt of millions of dollars in revenue sharing payments from a select group of mutual fund families created a conflict of interest. When customers purchase mutual funds or interests in 529 plans, they must be told about the full nature and extent of any conflict of interest that may affect the transaction." In addition to the $30 million payment, AEFA has agreed to be censured and to cease and desist from committing or causing violations of Section 17(a)(2) of the Securities Act of 1933, Section 15B(c)(1) of the Securities Exchange Act of 1934 and Rule 10b-10 promulgated thereunder and Municipal Securities Rulemaking Board Rule G-15. The Commission's Order further requires AEFA to comply with certain undertakings. AEFA has consented to the issuance of the Commission's Order without admitting or denying the findings contained therein. The Commission's action was filed contemporaneously with related actions by the NASD and the Minnesota Division of Securities. # # # For further information contact: Merri Jo Gillette (312) 353-9338 Regional Director, Midwest Regional Office Robert J. Burson (312) 353-7428 Senior Associate Regional Director, Midwest Regional Office Additional materials: Administrative Proceedings 33-8638 and 33-8637 http://www.sec.gov/news/press/2005-168.htm Home | Previous Page Modified: 12/01/2005