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SEC Charges Indianapolis Investment Adviser With Defrauding Retail Advisory Clients

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Indianapolis-based Steele Financial Inc. and the advisory firm's owner, Tamara Steele, have both been charged by the Securities and Exchange Commission (SEC) with failure to disclose sales commissions of up to 18% charged on approximately $13 million of high-risk securities sales. Steele allegedly sold stock in a company called Behavioral Recognition Services (BRS) to roughly 120 clients, many of whom were her former colleagues in the field of education, teachers, or public school employees. Steele, herself a former Indiana teacher, received a total of $2.5 million in cash and warrants from BRS as a commission without disclosing such arrangements to her relatively inexperienced clients. The sales allegedly happened behind a curtain of false invoices and other steps meant to conceal involvement in selling BRS securities, a company that has been previously charged by the SEC with fraud. Steele had reportedly invested heavily in BRS personally, and she had remained one of the primary stockholders in the company, which resulted in serious conflicts of interest that were not properly disclosed to her retail clients. Filing with the federal district court in Indiana, the SEC has charged Steele and her firm with violating the anti-fraud and broker-dealer-registration provisions of the federal securities laws. In its complaint, the SEC is seeking disgorgement of ill-gotten gains with interest, penalties, and permanent injunctions. The full SEC press release can be found here. Disclosures of conflicts of interest, compensation arrangements and investment risks must be made prior to or contemporaneously with recommendations by advisers. Jacko Law Group's team of professionals can help you evaluate and author these investor disclosures. Failure to provide this material information can result in violations of the anti-fraud provisions, which must always be considered. For more information, please contact us at [email protected] or at (619) 298-2880.

Conducting Suitability Reviews: A Necessary Obligation of Fiduciary Duty

When we examine the takeaways of this case applicable to registered investment advisers (RIAs), it's clear that failing to properly disclose sales commissions or other conflicts of interest amounts to fraud and will be subject to enforcement. The RIA's fiduciary duty requires full disclosure of any such conflicts to be made to retail investors. The other more relevant takeaway is the need for RIAs to conduct regular suitability reviews to be sure that the types of securities being purchased are appropriate for the clients involved. Failure to follow through on either of these obligations amounts to a violation of the RIA's fiduciary duty and could be subject to scrutiny or enforcement action under the Advisers Act.

Reviewing Policies and Procedures: Jacko Law Can Help

One of the best ways to avoid complications regarding the fulfillment of fiduciary duty is to be sure that your firm's policies and procedures for collecting data and constructing contracts for suitability reviews are effective and up to date. Jacko Law Group, PC, has years of experience that can benefit any firm seeking to improve its methods for determining appropriate investments or to be sure that the requirements of full disclosure are being met. Contact us here for assistance in this area, or with any other legal questions that arise.

About the author

Managing Partner and CEO

Michelle L. Jacko, Esq. is the Managing Partner and CEO of Jacko Law Group, PC (“JLG”), which offers securities, corporate, real estate, and employment law counsel to broker-dealers, investment advise...

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Alan Markfeld
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Dharmi is an excellent securities lawyer who understands the law as it pertains to these cases. She is extremely proactive and represents her clients well. I highly recommend Jacko and Dharmi.
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Danielle Martin
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I’ve had the privilege of working closely with this firm in my role as Chief Compliance Officer and I can confidently say they are an exceptional compliance partner. Their depth of experience is immediately evidentand they bring a level of practical knowledge. What I truly enjoy is their ability to translate complex regulatory requirements into plain English, often using real, everyday examples that make implementation far more manageable. They are also incredibly responsive and reliable. In a field where timing matters, their prompt communication and thoughtful guidance have been invaluable. If you’re looking for a compliance attorney who combines expertise, clarity, and professionalism, I highly recommend them.
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Michelle and the team at Jacko Law Group have helped guide through a variety of critical circumstances as we ventured through the uncharted and unfamiliar territory of becoming and successfully operating as an RIA. I have particularly appreciated Michelle's personal involvement and genuine caring about us and our organization. She has been responsive and her counsel has been consistently on-point and helpful. She artfully guided us through our initial filing process and first SEC exam process - which went very well. Very grateful to Michelle and her team.
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Michelle and her team were excellent to work with, front to back. They helped me to understand the challenges ahead and were always proactive in their consultation through every step of my transition. JLG truly know the wealth management industry very well and did a great job of understanding the challenges unique to my business. Without them, I can confidently say I would not have felt as comfortable through the transition as I did. Fortunately, that's not something that stops there - Michelle and her team have kept in touch to ensure that I'm on top of certain administrative issues, trends, and simply showing me that they care about my business and success. I look forward to continuing to work with them for many years to come.
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Dharmi Mehta was extremely helpful when my business partner and I transitioned to a new RIA firm. She and her staff were all very professional. Her guidance during our transition was invaluable. I highly recommend Dharmi and Jacko Law Group.
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Dharmi and Amandeep were a delight to work with. They assisted me with a claim and stuck with me the entire way through. Dharmi's advice was invaluable, and I was most impressed by her clear and professional communication. From beginning-to-end, both Dharmi and Amandeep kept me well informed. Their entire team are proud of their work and rightfully so. Thank you!
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Faruk Jaffer
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My mentor once told me that a good attorney is worth their weight in gold — and that couldn't be more true of Michelle and Amanda. Their expertise, professionalism, and responsiveness were top notch every step of the way. It's rare to find legal partners who are not only sharp and thorough, but also genuinely invested in your success. I’m grateful for their guidance and highly recommend them to anyone seeking trusted legal counsel.
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It is my great Privilege to share my Review of what Atty Dharmi Mehta of Jacko Law Group did for me and by extension for my family. From the first time complimentary conversation we had having spoken to several other Lawyers ,l knew she was the right person for the Job .Because of her background as a former RR ,she was professional,kind, Empathetic,listened and was focused on fighting for me. From a potential of been terminated with cause ,l was able to walk away with a clean U5 with a validation that l did nothing wrong except what was in the best Interest of my clients. I hope nobody ever has to go through what l have Experienced, but if you do ,you want Dharmi Mehta beside you .Rest assured your service Deserve 10 stars but this forum only allows 5. Me and my family are forever grateful and will make sure that any RR who needs an advocate will know about you . Everistus Etafo
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I have worked with Jacko Law Group for 2 different business situations that necessitated an attorney. In both cases, the team was very thorough & competent. Their attention to our situation and the extra effort they put into our case(s) was very much appreciated. I would highly recommend Jacko Law Group!