Mutual Fund Share Classes
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SEC, Commonwealth Reach Settlement in Share Class Lawsuit
Yahoo Finance· 2026-02-04 19:54
Core Viewpoint - The Securities and Exchange Commission (SEC) has settled with Commonwealth Financial Network, concluding a legal dispute that began in 2019 regarding undisclosed conflicts of interest in mutual fund share class recommendations, resulting in a $93 million penalty [1]. Group 1: Settlement Details - The SEC and Commonwealth filed a joint motion to extend the stay in the case until March 31, indicating they have reached a settlement [2]. - U.S. District Judge Indira Talwani granted the extension to allow time for negotiating the settlement terms, although specific details of the settlement were not disclosed [2]. Group 2: Revenue Sharing and Client Impact - Commonwealth utilized National Financial Services as its clearing broker, allowing representatives to recommend mutual fund shares through both No Transaction Fee and transaction fee programs [3]. - A revenue-sharing agreement between Commonwealth and NFS incentivized the firm to recommend certain mutual fund share classes that were often more expensive for clients, despite the existence of cheaper alternatives [4]. - From July 2014 to March 2018, Commonwealth earned approximately $58.7 million from client assets in No Transaction Fee mutual fund share classes and $77 million from transaction fee share classes between July 2014 and December 2018 [5]. Group 3: Disclosure Failures - Commonwealth did not inform clients about the revenue generated from higher-cost share class recommendations, which were conflicted, and failed to clarify that these conflicts were real, not theoretical, even after amending disclosures in 2017 [6]. - In 2024, Judge Talwani ordered Commonwealth to pay $65,588,906 in disgorgement, $21,185,162 in prejudgment interest, and a civil penalty of $6.5 million [6]. Group 4: Appeal Process - Approximately one month later, Commonwealth sought to appeal the case to the U.S. Court of Appeals for the First Circuit [7].