根据有关货币调查结果审计长办公室的直接知识的消息来源,该机构已经警告过摩根大通(JPM)去年,投资银行将客户指向其内部投资产品时犯了错误。
OCC examiners found that in late 2011 JPMorgan had not complied with restrictions placed on in-house financial products sales, as well as fulfill its duties to retirement plan investors under ERISA (the Employee Retirement Income Security Act). Following these discoveries, the agencies ordered JPMorgan to pay back fees to customers.
While the issues highlighted by the OCC more than likely won’t pose much of a problem to JPMorgan—typically the US Department Of Labor resolves such violations by ordering restitution and in a confidential manner—the alleged infractions do point to what could become a problem of regulatory tension between federal regulators and JPMorgan, as the former group seeks to put to rest criticism that its poor oversight played a role in allowing the financial crisis of 2008 to happen. Now, since Thomas Curry took over as Comptroller of the Currency, OCC appears to have made it a priority to monitor the growing risks that can arise via routine bank functions, as well as from activities that could lead to “operational risks.”
JPMorgan Chase’s assets under management that are found in its proprietary mutual funds reached $223 billion at the start of 2013, which a significant rise from $96 billion in 2009. All assets under the bank’s purview, including retirement plans, alternate assets, and funds, have been growing for 16 quarters in a row.
Also during 2013’s first quarter, a $31 billion gain allowed JPMorgan’s client assets to hit $2.1 trillion. Unlike other asset managers, the bank conducts securities underwriting, commercial banking, and money management on such a big scale and in such an interlinked fashion that, per guidelines in the OCC’s exam handbook, such actions merit more regulatory examination.
Regulators & ERISA Assets
由于ERISA资产是最受法律保护的一些保护,因此监管机构很有可能关注它们。也就是说,ERISA第406(b)条规定退休基金受托人始终将客户的兴趣置于首先。
As OCC doesn’t directly supervise ERISA, its perspective is via supervising banks’ winder duties to make sure operations are performed in a way that decreases operational risks, as well as reputational and legal harm. Although monitoring ERISA compliance has long been part of OCC’s examination wheelhouse, some observers are finding that the agency’s current concentration on both the Act and how banks sell proprietary investment instruments is an add-on previous monitoring practices.
美国证券bob200体育交易委员会还在研究摩根大通及其专有产品销售。虽然目前尚不知道该机构的询问是否会导致正式诉讼,但许多前jpmorgan Chase财务顾问已经起诉或提起仲裁索赔,指控该银行向他们施加迫使他们将客户资产置于内部产品中。金融公司否认证券的案件指控。bob200体育
同时,据路透社去年称,劳工部也一直在研究摩根大通。该公司正在研究该公司在其管理危机之前承保的170万美元抵押贷款债务的401(k)计划稳定价值基金的购买。投资者已经提出了证券案件,指控该银行再次否认了不法行为。bob200体育
货币计算机办公室
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德克萨斯州法官向保诚付出了Verizon Retirees的集体诉讼,超过$ 8.4B的退休金销售,股票经纪欺诈博客,2013年7月9日
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