ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Fidelity agrees to pay $600K to resolve FINRA’s allegations over ex-employees alleged theft

February 3, 2025
Reading Time: 3 mins read
Fidelity agrees to pay $600K to resolve FINRA’s allegations over ex-employees alleged theft

Fidelity settlement
In Re: Fidelity Brokerage Services LLC
Date: Jan. 8, 2025

Issue: Fidelity Brokerage Services LLC’s consent order with the Financial Industry Regulatory Authority (FINRA) related to an ex-employee’s alleged theft.

Case Summary: Fidelity Brokerage Services LLC agreed to pay $600,000 to settle allegations that it lacked an adequate supervisory system from 2012 to 2020, which allowed a former employee to steal $750,000 from customer accounts.

FINRA Rule 3110(a) and its predecessor, NASD Rule 3010(a), require member firms to establish and maintain systems that supervise the activities of each associated person. These systems must ensure compliance with securities laws, regulations, and FINRA rules. Rule 3110(a) and NASD Rule 3010(a) also obligate firms to investigate red flags suggesting potential misconduct and to act on their findings. NASD Rule 3012 mandates the review and monitoring of customer address changes and the validation of those changes. Violating FINRA Rule 3110 or NASD Rules 3010 and 3012 also violates FINRA Rule 2010, which demands firms uphold high standards of commercial honor and just principles of trade in their business conduct.

FINRA claimed that, between December 2012 and October 2020, an associated person allegedly stole $750,000 from 37 international participants while maintaining Stock Plan Services (SPS) account data. This person was reportedly responsible for resolving data inconsistencies and handling data inquiries from companies and their employees. FINRA asserted that Fidelity violated FINRA Rules 3110 and 2010 and NASD Rules 3010 and 3012 by failing to create an effective supervisory system to monitor the person’s access to SPS account data and the transfer of funds from international SPS accounts.

According to FINRA, Fidelity failed to design a system, including Written Supervisory Procedures (WSPs), to properly oversee its associated persons’ access to SPS account data. Fidelity’s WSPs prohibited associated persons from accessing SPS account data unless required for their job responsibilities and only allowed changes to SPS account data under instructions from plan sponsors and participants. While Fidelity used a workflow management tool to log, track, and oversee changes, it did not monitor, or block associated persons from accessing or modifying data without recording it in the tool. As a result, an associated person allegedly avoided detection by accessing and altering SPS account data without logging the changes in the workflow management tool. FINRA also claimed that Fidelity’s system failed to monitor or prevent unlogged changes to SPS account data, including unauthorized modifications to participants’ addresses. According to FINRA, Fidelity’s system was inadequate in preventing unauthorized access and changes to SPS account data.

FINRA also alleged that Fidelity failed to design an effective system to supervise outgoing money movements from international SPS accounts. After altering international SPS account data, an associated person allegedly used the improperly accessed data to impersonate plan participants through Fidelity’s online SPS plan participant portal. The person then liquidated their holdings and withdrew the funds by issuing checks from the international SPS accounts payable to himself or wiring money from the international SPS accounts to a domestic SPS account he controlled. Specifically, the associated person allegedly issued 83 unauthorized checks from international SPS accounts, totaling approximately $380,000, and made 183 unauthorized wire transfers to the domestic SPS account, totaling about $378,000. Although Fidelity had a system to monitor fund transfers from customer accounts, it did not include outgoing money movements from international SPS accounts in that system or any other firm surveillance program. As a result, Fidelity allegedly did not review or monitor the unauthorized checks and wire transfers described above.

Bottom Line: Fidelity did not admit to or deny FINRA’s allegations.

Document: Consent order

Tags: Banking Docket
ShareTweetPin

Author

Christopher Delporte

Christopher Delporte

Christopher Delporte is a senior editor for the ABA Banking Journal and vice president of editorial strategy for member communications at the American Bankers Association.

Related Posts

ABA files coalition amicus brief supporting Huntington National Bank over scope of guaranty agreements

Ohio Supreme Court clarifies no duty to disclose ‘increased risk’ to sureties

Uncategorized
September 2, 2025

Supreme Court of Ohio reversed an Ohio appellate court decision that ruled a creditor has no duty to disclose facts that materially increase a surety’s risk.

Florida federal court holds False Claims Act qui tam provision is unconstitutional

ABA files amicus brief urging N.J. Supreme Court to uphold dismissal of False Claims Act lawsuit

Uncategorized
September 2, 2025

ABA filed a coalition amicus brief urging the New Jersey Supreme Court to uphold a lower court ruling that barred Edelweiss, a private investment fund, from bringing a qui tam suit based on publicly disclosed information.

ABA, trade groups file amicus brief supporting Bank of America in National Bank Act preemption lawsuit

North Carolina federal court trims Zelle fraud class action against BofA

Uncategorized
September 2, 2025

A North Carolina federal court partially sustained Bank of America’s objections to a magistrate judge’s recommendation allowing a proposed class action over alleged Zelle fraud to proceed, determining the lawsuit fails to plausibly plead claims under any state...

Fourth Circuit affirms denial of COVID loan relief for six-time modified loan  

Fourth Circuit affirms denial of COVID loan relief for six-time modified loan  

Uncategorized
September 2, 2025

Fourth Circuit panel affirmed the district court’s ruling that the SBA properly concluded PACEM’s $5 million loan was ineligible for COVID-19 debt relief under the CARES Act.

CFPB Sues Wells Fargo, JP Morgan, and Wells Fargo over alleged fraud on Zelle network

N.Y. attorney general sues Early Warning Services over Zelle fraud allegations

Uncategorized
September 2, 2025

CFPB previously sued Early Warning Services LLC over Zelle fraud allegations, but the new administration dropped the lawsuit. NYAG now similarly sues EWS over its Zelle protocols. 

Second Circuit affirms class certification in VRDO lawsuit

Second Circuit affirms class certification in VRDO lawsuit

Uncategorized
September 2, 2025

In a unanimous decision, a Second Circuit panel upheld a Southern District of New York order granting class certification to American cities and others accusing eight banks of inflating interest rates on VRDOs.

NEWSBYTES

Survey: Consumers increasingly turn to AI for financial advice

September 2, 2025

ABA, associations propose improvements to federal data privacy law

September 2, 2025

Construction spending dropped slightly in July

September 2, 2025

SPONSORED CONTENT

The Connectivity Dividend

The Connectivity Dividend

September 1, 2025

Building Trust with Every Transaction

September 1, 2025
10 Essentials of a New Loan Origination System

10 Essentials of a New Loan Origination System

August 29, 2025
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

August 1, 2025

PODCASTS

Demographic trends shaping the U.S. banking outlook

July 30, 2025

Podcast: How institutional banking helps build one regional bank’s strategy

July 24, 2025

The future of careers in risk and compliance

July 17, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.