Wells Fargo to Pay $35M Over Excessive Fees

News August 25, 2023 at 09:30 AM
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The Securities and Exchange Commission Friday charged Wells Fargo Clearing Services LLC and Wells Fargo Advisors Financial Network LLC for overcharging more than 10,900 investment advisory accounts for roughly $26.8 million in advisory fees.

To settle the SEC's charges, Wells Fargo agreed to pay a $35 million civil penalty to settle the matter, which involved clients who opened accounts prior to 2014 and advisory fees charged to them through late 2022.

Wells Fargo Clearing Services, LLC, formerly known as Wells Fargo Advisors, LLC, is a Delaware limited liability company headquartered in St. Louis, Missouri.

According to the SEC's order, certain financial advisors from Wells Fargo and its predecessor firms — which include AG Edwards and Wachovia — "agreed to reduce the firms' standard, pre-set advisory fees for certain clients and made handwritten or typed changes on the clients' investment advisory agreements that reflected the reduced fees at the time their accounts were opened."

However, in certain instances, "the account processing employees at Wells Fargo and its predecessor firms failed to enter the agreed-upon reduced advisory fee rates into the firms' billing systems when setting up the clients' accounts."

As the order explains, AG Edwards and Wachovia Corp. announced a merger in May 2007 that closed on Oct. 1, 2007, at which time AG Edwards became a wholly owned subsidiary of Wachovia. The combined asset management and brokerage firm became known as Wachovia Securities with about $1.1 trillion of assets under management.

In October 2008, Wells Fargo and Wachovia announced a merger, which closed on Dec. 31, 2008. On May 1, 2009, Wachovia changed its name to Wells Fargo, and by early 2011, Wachovia was fully integrated into Wells Fargo.

The combined entity had $1.3 trillion in assets under management. Through the integration, Wells Fargo acquired about 891,000 advisory accounts from Wachovia, which included the legacy accounts from AG Edwards.

The SEC order on Friday also states that Wells Fargo "failed to adopt and implement written compliance policies and procedures reasonably designed to determine whether the billing systems it adopted contained accurate data and to prevent overbilling of the clients that the firm acquired through its predecessor firms and certain of its own new clients."

As a result, Wells Fargo and its predecessor firms overcharged certain clients for advisory fees through December 2022 tied to accounts opened prior to 2014.

"For years, Wells Fargo and its predecessor firms negotiated reduced advisory fees with thousands of clients, but failed to honor them, overcharging those clients millions of dollars as a result," Gurbir Grewal, director of the SEC's Enforcement Division, said Friday in a statement.

Friday's enforcement action "underscores the need for firms growing their businesses through acquisition to ensure that their growth does not come at the expense of client protection," Grewal said. "Investment advisers must adopt and implement policies and procedures to ensure that they honor their agreements with all of their clients, including legacy clients of predecessor firms."

Wells Fargo paid affected accountholders some $40 million, including interest, to reimburse them for the overcharging, according to the SEC.

Without admitting or denying the SEC charges, in addition to the $35 million penalty, Wells Fargo consented to the entry of the Commission's order finding that the firm violated Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-7 and agreed to a cease-and-desist order and censure.

(Credit: Bloomberg)

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