UBS Financial Services Inc. has been fined $500,000 and ordered to pay over $2.98 million in restitution and disgorgement following an investigation by the Financial Industry Regulatory Authority (FINRA).
The regulatory body found that from January 2017 to December 2018, UBS-FS failed to maintain adequate supervisory systems to monitor short-term trading of syndicate preferred stocks, resulting in unsuitable recommendations and customer losses.
22 UBS
UBS-FS, a full-service brokerage firm with over 11,000 registered representatives, allowed representatives to recommend syndicate preferred stocks—income-generating securities designed for long-term holding.
However, FINRA’s investigation revealed that at least 22 UBS-FS representatives engaged in repeated short-term trading of these stocks, causing customers to incur losses while representatives earned substantial sales concessions and commissions, as alleged by the financial watchdog.
During the investigation, FINRA uncovered significant supervisory lapses:
- Inadequate Monitoring: UBS-FS’s surveillance system flagged only trades held for less than 90 days and failed to review trades held between 90 and 180 days.
- Insufficient Action: The firm did not adequately investigate flagged trades or assess whether short-term trades were suitable for clients.
- Customer Impact: Over 1,986 trades, involving realized customer losses, earned UBS-FS $2.65 million in sales concessions and over $343,000 in sales commissions.
FINRA concluded that UBS-FS violated its rules by failing to supervise representatives and ensure the suitability of recommended transactions. These actions were deemed inconsistent with high standards of commercial honor.
As part of the settlement, UBS-FS has agreed to the following:
- Financial Penalties: A $500,000 fine.
- Restitution: $343,914, plus interest, to affected customers.
- Disgorgement: $2,645,537, plus interest, to FINRA.
The firm has also committed to improved oversight practices, including enhanced written procedures and revised trade review systems implemented in January 2023.