FOLLOW US

Business July 29, 2020 4 mins read

VALIC Financial Advisors (VFA) to pay $40 million to settle SEC charges

Business ı By Marivic Cabural Summers

0 Comments

Yellowstone Capital settles FTC lawsuit

The Securities and Exchange Commission (SEC) announced that VALIC Financial Advisors (VFA) agreed to pay approximately $40 million to settle two regulatory actions against the firm over its disclosure failures.

VFA is a financial services vendor in almost every school district in Florida. It is based in Houston, Texas.

VFA failed to disclose payment to an entity owned by Florida teachers’ union

In the first regulatory action, the SEC alleged that VFA failed to disclose a financial arrangement between its parent, The Variable Annuity Life Insurance Company (VALIC) and for-profit company owned by Florida K-12 teachers' unions (the Teachers Union Entity).

Under the financial arrangement, VALIC made cash payments and provided other financial payments to the Teachers Union Entity in exchange for its exclusive endorsement of VFA as its preferred financial services partner for all Florida K-12 teachers and other public education employees.

The financial arrangement allowed VFA and VALIC more than $30 million in fees from the investment products it sold to Florida K-12 teachers from 2006 to 2019, according to the SEC.

Additionally, the SEC alleged that VFA did not disclose to its K-12 advisory clients that three Member Benefit Coordinators (MBCs) are full-time VALIC employees. The Commission noted that the MBCs were “deceptively identified” as the Teachers Union Entity’s MBCs at various retirement planning seminars and events attended by K-12 teachers.

“VFA’s conduct constituted a course of business which operated as a fraud or deceit upon clients and prospective clients, and as a result, VFA violated Sections 206(2) and Section 206(4) of the Investment Advisers Act of 1940, and Rules 206(4)-3 and 206(4)-7 thereunder,” according to the Commission’s Order.

To resolve this case, VFA agreed to pay a civil penalty of $20 million to the SEC. The firm also agreed to cap the management fee for its Guided Portfolio Solutions advisory product for all K-12 403(b) and K-12 457(b) participants in Florida.

VFA breaches its fiduciary duty to clients

In the second regulatory action, the SEC accused VFA of making false and misleading statements and failing to disclose conflicts of interest related to its receipt of millions of dollars in financial benefits from clients’ mutual fund investments.

VFA had wrap fee arrangements with its clients, in which they paid the firm advisory fees that included the costs to execute securities transactions.

In its Order, the SEC found that VFA breached its fiduciary duty to clients by causing them to invest in more expensive mutual funds and share classes.

According to the SEC, VFA instructed its third-party investment advisers to select new mutual fund investments that were available in the no-transaction-fee program (NTF Program) offered by its Clearing Firm.

The mutual funds under the NTF Program are more expensive than other mutual funds available to VFA’s clients. The firm benefited from its participation in the NTF Program, It avoided paying any execution costs for clients’ purchases or sales of mutual funds in the NTF Program.

VFA did not disclose to clients its instruction to its third-party investment advisers or the conflict of interest related to the matter. Instead, the firm provided clients with misleading disclosure.

The SEC also found that VFA received more than $13.2 million in financial benefits as part of its Clearing Firm’s revenue sharing.

VFA’s disclosure failure related to the mutual funds is a violation of Sections 206(2) and 206(4) of the Investment Advisers Act and Rule 206(4)-7.

To resolve the case, VFA agreed to pay disgorgement and prejudgment interest of more than $15.4 million and a civil penalty of $4.5 million. The firm also agreed to a cease-and-desist order and a censure.

In a statement, SEC Division of Enforcement co-director Steven Peikin said, “Financial relationships and affiliations in the K-12 teachers’ retirement sector can impact teachers’ financial interests. It is critical that teachers get the information they need to make informed decisions about their retirement options.”

He added, “Investment advisers must disclose conflicts between their financial interests and those of their clients. Here, VFA for years reaped millions in benefits at its clients’ expense while not only failing to disclose the conflicts but while providing false and misleading information.”

--------------------------------------------------

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want guaranteed coverage? We also offer contract journalism here.  Just be sure you're comfortable giving up editorial control, because our journalists are dogged and will follow the story through to it's conclusion. The story will be published to our exacting standards, without regard for your preferred slant.

Want to contribute a story? We also accept article submissions -- check out our writer's guidelines here.

Previous Article

Chinese spy, Jun Wei Yeo, used LinkedIn to gather intelligence

Read More
2032 Posts

Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 06, 2026
Uber’s $2.3B EzCater Buy Targets the Booming Catering Market
By – Rachel Moore
America October 06, 2026
ICE Fines: Judge Halts Rule Behind $1.8 Million Penalties
By – Michallie Harrison
America October 06, 2026
SIAA Acquires Canopy in Specialty Insurance Expansion
By – Tyler Brooks
America October 06, 2026
Diesel Tax Relief: Trump’s Order Could Leave a Later Bill
By – Michallie Harrison
America October 6, 2026
‘We are all Jane Doe’ Cornell…

More than 1,000 Cornell protestors marched across Cornell University’s Ithaca…

By – Jackie Allen
America October 6, 2026
More Than 20 Groups Organized Massive…

Key Takeaways The massive Oct. 5 demonstration supporting the woman…

By – Samuel Lopez
America October 6, 2026
Influencer Sara Gilson Murder-Suicide: 911 Call…

Influencer Sara Gilson was fatally shot by her estranged husband…

By – Jackie Allen
America October 6, 2026
Starbucks Sued Over ‘Sugar-Free’ Protein Drinks…

What the Starbucks Sugar Fight Comes Down To Starbucks is…

By – Samuel Lopez
America October 5, 2026
OpenAI Sued Over Astra Name As…

What Readers Need to Know TradeSun says it used ASTRA…

By – Samuel Lopez
America October 5, 2026
Shark Tank Boosted Teaspressa Sales —…

Key Takeaways Teaspressa, the Phoenix beverage company that appeared onShark…

By – Samuel Lopez
America October 5, 2026
Shark Tank Boosted Teaspressa Sales —…

Key Takeaways Teaspressa, the Phoenix beverage company that appeared onShark…

By – Samuel Lopez
America October 5, 2026
Trump’s Harvard Funding Fight Hits Appeals…

What the First Circuit Is Really Deciding The First Circuit…

By – Samuel Lopez
America October 5, 2026
Gatorade Recall Hits 122,000 Cases Over…

A missing word on an ingredient label might seem minor…

By – Tyler Brooks
America October 5, 2026
DOJ Weaponization Report Exposes How Biden…

Inside the Bureaucracy Internal DOJ and FBI records prove career…

By – Samuel Lopez
America October 5, 2026
Cornell Rape Investigation Reopened As Netflix’s…

Key Takeaways New York Attorney General Letitia James has been…

By – Samuel Lopez
America October 5, 2026
Letitia James Takes Over Cornell 7…

New York Attorney General Letitia James is facing criticism over…

By – Jackie Allen
America October 5, 2026
Letitia James Takes Over Cornell 7…

New York Attorney General Letitia James is facing criticism over…

By – Jackie Allen
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
UFO Whistleblower David Grusch Makes Explosive…

A UFO whistleblower has made some of the most extraordinary…

By – Jackie Allen
America October 4, 2026
UFO Waiver: Pentagon Opens  Door for…

The new UFO Waiver issued by the Pentagon creates a…

By – Jackie Allen
America October 3, 2026
Firerose Claims She Was Kept a…

Firerose is speaking publicly about her turbulent marriage to country…

By – Jackie Allen
America October 3, 2026
Missing Children: Long Island Operation Rescues…

Missing children were at the center of a major three-day…

By – Jackie Allen
America October 4, 2026
Google Told Investors Gemini 3.5 Pro…

Key Takeaways A proposed securities class action filed Friday in…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Tennessee Prison Chief Resigns After Christa…

What the Failed Execution Changes Frank Strada will step down…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America October 3, 2026
Amazon Faces Potential 30 Million-Reader Antitrust…

What Kindle Buyers Need to Know More than 30 million…

By – Samuel Lopez
America October 3, 2026
Missing Children: Long Island Operation Rescues…

Missing children were at the center of a major three-day…

By – Jackie Allen
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter