(November 26, 2013) — The Financial
Conduct Authority (FCA) has fined SEI Investments £900,200 for “a serious
breach” in its protection of client money.
The UK’s financial regulator found that on several occasions
between 2007 and 2012, SEI failed to perform its internal reconciliations,
failed to ensure that any shortfall or excess identified in its internal
reconciliation of client money was paid into or withdrawn from the client bank
account by close of business, and failed to appreciate that it was using a
non-standard method of internal reconciliation.
In addition, the FCA found SEI had failed to sufficiently
train employees with operational oversight and responsibility for client money.
All of the failings applied to both its asset management and its wealth
management business, according to an FCA spokesman.
No client money was lost during the period, but the FCA
decided to take proactive steps. If had SEI become insolvent, these
failings could have led to additional complications and delays in distribution, placing client money at risk.
On one occasion highlighted by the regulator concerned an SEI
employee who had not received any client assets sourcebook training—that is, on the requirements relating to holding client assets. The employee manually adjusted
SEI’s client money requirement from the £14 million calculated using the
internal reconciliation to £932,000, on the basis of his
assumption that the £14 million shortfall was of an unprecedented amount and
was therefore inaccurate.
Tracey McDermott, director of enforcement and financial
crime at the FCA, said: “SEI has committed a serious breach by failing to
comply with our client money rules for more than five years. We have repeatedly
emphasised the importance of ensuring that client money is adequately protected
and we have taken a number of enforcement actions against firms of all sizes
for breaches of our rules in recent years.
“Firms that hold client assets should ensure they continue
to strengthen their management, oversight and controls in this area. We will
continue to take action to ensure that procedures at firms meet our client
asset requirements and action will be taken against firms that fall short.”
SEI agreed to settle at an early stage and in doing so it
qualified for a 30% discount on the penalty. Without the settlement discount, the fine would
have been £1.3 million.
In a statement, SEI said it regretted that the situation
arose, and stressed that the FCA’s observations centred on staff training and a
technical calculation methodology in relation to FCA client money requirements.
It appeared, however, to dispute the FCA’s claims that it
had failed to comply with the regulator’s client money rules for more than five
years.
“Despite using a client money calculation that had been
certified annually since 2007 by SEI’s client assets sourcebook auditors as
compliant, in 2012 the FCA determined that the calculation varied from its
standard methodology. During the relevant period, SEI and its external auditors
were not aware of any reason why the calculation model used did not offer at
least as much protection as the FCA standard calculation,” the statement said.
SEI said that since 2012, it had invested significantly in
reviewing and enhancing its arrangements, and had obtained approval of its
arrangements from external experts approved by the FCA in March 2013.
“SEI has used this review to continue to thoroughly test all
areas of client asset sourcebook compliance and significant investment
continues to be made in technology and training to ensure SEI is in the best
possible position to fully adhere and adapt to the evolving regulatory
framework,” it concluded.
The company is best known for its fiduciary management work,
which it established in 1992. Today, SEI acts as a fiduciary manager to more
than 450 pension, non-profit, and healthcare clients in seven different
countries.
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