SEC watchdogs handed out $390 million in fines on Thursday to 26 investment firms across Wall Street in the latest crackdown on the unauthorized use of text and WhatsApp messages.
Companies fined include Ameriprise Financial, Edward Jones, LPL Financial, as well as Raymond James, each of whom agreed to pay $50 million to settle the allegations.
BNY’s Pershing wealth management unit was forced to pay a penalty of $40 million.
A filing published online said executives from BNY’s securities division and Pershing LLC had been “using their personal devices, these personnel communicated both internally and externally by text messages, and/or other unapproved written communications platforms, such as WhatsApp.”
Federal law bans investors from carrying out business on their personal devices because such records are not monitored, making it harder to guard against fraud.
A spokesperson for BNY said the firm “takes its regulatory responsibilities seriously and is pleased to have resolved this matter.”
The Meta-owned WhatsApp messaging service has already sparked the ire of SEC regulators who have sought to fine Wall Street firms that use it for business dealings
A wider crackdown against the use of WhatsApp, Signal and Apple messages began in 2021, engulfing JP Morgan, Goldman Sachs and Morgan Stanley and raking in more than $2 billion in fines.
They, along with 22 other firms named earlier on Wednesday, did not contest the findings. Three companies self-reported.
Each of the companies have handed “cease and desist” diktats warning them not to break the rules again.
“We remain committed to ensuring compliance with the books and records requirements of the federal securities laws, which are essential to investor protection and well-functioning markets,” said Gurbir S. Grewal, director of the SEC’s enforcement division.
Federal laws state that financial firms must keep proper records of all communications linked to trades or deals struck.
Heavy fines can be imposed by SEC officials if evidence is found of non-compliance.
Because companies do not surveil personal messaging channels, using them to discuss business puts SEC-regulated employers in breach of requirements to record all business communications.
The idea is that keeping such records are critical for guarding against fraud and other misconduct.
Companies that self-report any violations will pay significantly lower financial penalties than they otherwise would.
Earlier this year, Guggenheim was asked to stump $15 million for similar offenses as part of an $80 million crackdown on illegal record keeping.
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