Quantcast
The MFWire
Manage Email Alerts | Sponsorships | About MFWire | Who We Are

Subscribe to MFWire.com's News Alerts [click]

Rating:The SEC Suspends a Former Schwabbie Over the  YieldPlus Case Not Rated 0.0 Email Routing List Email & Route  Print Print
Monday, November 21, 2011

The SEC Suspends a Former Schwabbie Over the YieldPlus Case

Reported by Armie Margaret Lee

Former Charles Schwab Investment Management president Randall Merk agreed to pay $150,000 as part of a settlement agreement with the SEC over allegations relating to the YieldPlus fund.

Merk also agreed to the entry of a permanent injunction and a 12-month suspension from "associating with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, and from participating in any penny stock offering," according to a release issued by the SEC on Monday.

Merk neither admitted nor denied the allegations.

The SEC filed a complaint in January, alleging that Merk and another official committed securities law violations relating to the offer, sale and management of the YieldPlus fund.

The SEC in January entered into a $118 million settlement with Schwab entities regarding YieldPlus and another bond fund. Litigation against former YieldPlus PM Kimon Daifotis is continuing, said the SEC.
Release from the SEC

LITIGATION RELEASE NO. 22163 / November 21, 2011 SEC v. KIMON DAIFOTIS AND RANDALL MERK, Civil Action No. CV-11-0137 WHA (N.D. Cal., filed Jan. 11, 2011)
FORMER EXECUTIVE AGREES TO INJUNCTION, PENALTY AND SUSPENSION TO SETTLE SEC CHARGES REGARDING SCHWAB YIELDPLUS FUND

The Securities and Exchange Commission today announced that Randall Merk consented to the entry of a permanent injunction, payment of a civil penalty, and a suspension in order to settle a Commission action related to the Schwab YieldPlus Fund. Merk was an Executive Vice President at Charles Schwab & Co., Inc., President of Charles Schwab Investment Management, and a Trustee of the Schwab YieldPlus Fund and other Schwab funds.

In January 2011, the Commission filed a complaint alleging that Merk and another official committed securities law violations in connection with the offer, sale, and management of the YieldPlus Fund. YieldPlus is an ultra-short bond fund that, at its peak in 2007, had $13.5 billion in assets and over 200,000 accounts, making it the largest ultra-short bond fund at the time. The fund suffered a significant decline during the credit crisis of 2007-2008 and saw its assets fall from $13.5 billion to $1.8 billion during an eight-month period.

According to the complaint, Merk misled or failed to inform investors adequately about the risks of investing in YieldPlus. The complaint also alleged that Merk approved other Schwab fundsí redemptions of their investments in YieldPlus at a time when he knew or was reckless in not knowing that a portfolio manager for those funds had received material, nonpublic information about YieldPlus without the authorization of the YieldPlus Fundís board of trustees.

On November 21, 2011, the SEC filed a consent signed by Merk and a proposed final judgment against him. Without admitting or denying the Commission's allegations, Merk consented to the entry of a final judgment permanently enjoining him from aiding and abetting violations of, or otherwise violating, Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder. The proposed final judgment also would enjoin Merk from future violations of Section 34(b) of the Investment Company Act of 1940, which prohibits the making of untrue statements of material fact, or material omissions, in documents filed with the Commission. Merk also agreed to pay a $150,000 civil penalty, which the Commission is seeking to have included in an existing Fair Fund for distribution to injured YieldPlus investors. The proposed judgment is subject to the Court's approval.

If the Court enters the injunction, Merk also has agreed to settlement of a yet-to-be instituted administrative proceeding in which the Commission would suspend Merk for 12 months from associating with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, and from participating in any penny stock offering.

The Commission previously entered into a $118 million settlement with three Schwab entities regarding the YieldPlus Fund and another bond fund. See Press Release 2011-7 and Litigation Release No. 21806 (Jan. 11, 2011). Litigation continues against Kimon Daifotis, the former lead portfolio manager for the YieldPlus Fund and former Chief Investment Officer for Fixed Income for Charles Schwab Investment Management. See Litigation Release No. 21805 (Jan. 11, 2011).
 

Stay ahead of the news ... Sign up for our email alerts now
CLICK HERE

0.0
 Do You Recommend This Story?



GO TO: MFWire
Return to Top
 News Archives
2022: Q4Q3Q2Q1
2021: Q4Q3Q2Q1
2020: Q4Q3Q2Q1
2019: Q4Q3Q2Q1
2018: Q4Q3Q2Q1
2017: Q4Q3Q2Q1
2016: Q4Q3Q2Q1
2015: Q4Q3Q2Q1
2014: Q4Q3Q2Q1
2013: Q4Q3Q2Q1
2012: Q4Q3Q2Q1
2011: Q4Q3Q2Q1
2010: Q4Q3Q2Q1
2009: Q4Q3Q2Q1
2008: Q4Q3Q2Q1
2007: Q4Q3Q2Q1
2006: Q4Q3Q2Q1
2005: Q4Q3Q2Q1
2004: Q4Q3Q2Q1
2003: Q4Q3Q2Q1
2002: Q4Q3Q2Q1
 Subscribe via RSS:
Raw XML
Add to My Yahoo!
follow us in feedly


  1. MFDF Director Discussion Series - Open Forum via Zoom, December 7
  2. 2022 MMI Leadership Pathway Seminar, December 7
  3. 2022 Samfund Annual Celebration, December 7
  4. IMEA In Session - Cyber Security Trends, December 8
  5. U.S. Securities and Exchange Commission Investor Advisory Committee meeting, December 8
  6. MFDF webinar - Investment Valuation and Governance: Deloitte's 20th Annual Fair Valuation Pricing Survey, December 8
  7. Women in ETFs Philadelphia - Holiday Happy Hour With Project Home, December 8
  8. MMI webinar - Defining & Stimulating the Client Experience, December 9
  9. US SIF media webinar: US Sustainable Investing Trends 2022, December 12
  10. Vett Fi Advisor Perspectives Investment Insights Summit 2022, December 13
  11. IDC webinar - Spotlight on the SEC's Swing Pricing and Hard Close Proposals, December 14
  12. 2022 MMI Webinar Sponsored by the MMI Blockchain Finance Forum: Digital Asset Classification, December 14
  13. WE Boston: Annual Give Back Event 2022, December 14
  14. MFDF In Focus: Closed-End Fund Activism, December 14
  15. Crane Data's Money Fund University, Dec 15-16
  16. Crane Data's Holiday Cocktail Party, December 15
  17. MFDF webinar - Impact of 2022 Mid-Term Elections on the Financial Industry, January 10, 2023
  18. IDC's Foundations for Fund Directors, January 11 - 12, 2023
  19. MFDF 2023 Directors' Institute, January 23 - 25, 2023
  20. Exchange: an ETF Experience, February 5 - 8, 2023
  21. 8th Annual Expect Miracles in Manhattan, February 16, 2023
  22. MFDF webinar - Fund Industry Claims Trends: An Insurer's Perspective, March 1, 2023
  23. MFDF 2023 Fund Governance & Regulatory Insights Conference, March 9 - 10, 2023
  24. Crane Data's Bond Fund Symposium, March 23 - 24, 2023
  25. 2023 MMI Summit, March 29 - 30, 2023
  26. 34th Sub-Advised Funds Forum, April 3 - 4, 2023




©All rights reserved to InvestmentWires, Inc. 1997-2022
14 Wall Street | 20th Floor | New York, NY 10005 | P: 212-331-8968 | F: 212-331-8998
Privacy Policy :: Terms of Use