Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Private Funds
Private funds reported by Fifth Third Securities, Inc..
Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to Fifth Third Securities, Inc...
Reported ownership and control details
Form ADV · Filing date 2026-07-14 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | FIFTH THIRD BANK, NATIONAL ASSOCIATIONOWNERDomestic entity | FIFTH THIRD SECURITIES, INC. | 75% or moreCode E | Yes | OWNER06/1998 | Schedule APDF page 36 |
| 2 | JARRETT ANDREW JACOBSDIRECTOR, BD CHIEF COMPLIANCE OFFICER/RIA CHIEF COMPLIANCE OFFICERIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, BD CHIEF COMPLIANCE OFFICER/RIA CHIEF COMPLIANCE OFFICER03/2013 | Schedule APDF page 36 |
| 3 | JUSTIN MICHAEL OVERMANNDIRECTOR, PRINCIPAL OPERATIONS OFFICERIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, PRINCIPAL OPERATIONS OFFICER05/2011 | Schedule APDF page 36 |
| 4 | GINGER MICHELLE KELLYDIRECTOR, CHIEF ADMINISTRATIVE OFFICER - RETAILIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, CHIEF ADMINISTRATIVE OFFICER - RETAIL03/2011 | Schedule APDF page 36 |
| 5 | ROBERT FRANKLIN MARCUSDIRECTOR, HEAD OF CAPITAL MARKETSIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, HEAD OF CAPITAL MARKETS04/2012 | Schedule APDF page 36 |
| 6 | CHRISTOPHER SCOTT STRATMOENDIRECTOR, PRINCIPAL FINANCIAL OFFICERIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | No | DIRECTOR, PRINCIPAL FINANCIAL OFFICER10/2018 | Schedule APDF page 36 |
| 7 | ROBERT ALBERT CORSARIEDIRECTOR, HEAD OF RETAIL BROKERAGEIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, HEAD OF RETAIL BROKERAGE06/2020 | Schedule APDF page 36 |
| 8 | JAMES PAUL LUDWICKDIRECTOR, EXECUTIVE DIRECTOR OF INSTITUTIONAL BUSINESSIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, EXECUTIVE DIRECTOR OF INSTITUTIONAL BUSINESS07/2017 | Schedule APDF page 36 |
| 9 | SHANNON JOHNSON MOBLEYDIRECTOR, REGIONAL INVESTMENT MANAGERIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, REGIONAL INVESTMENT MANAGER06/2021 | Schedule APDF page 36 |
| 10 | TIMOTHY LYONSDIRECTOR, MANAGING DIRECTOR-TRADINGIndividual | FIFTH THIRD SECURITIES, INC. | Less than 5%Code NA | Yes | DIRECTOR, MANAGING DIRECTOR-TRADING03/2023 | Schedule APDF page 36 |
| 11 | FIFTH THIRD FINANCIAL CORPORATIONSHAREHOLDERDomestic entity | FIFTH THIRD BANK, NATIONAL ASSOCIATION | 75% or moreCode E | Yes | SHAREHOLDER06/1998 | Schedule BPDF page 37 |
| 12 | FIFTH THIRD BANCORPSHAREHOLDERDomestic entity | FIFTH THIRD FINANCIAL CORPORATION | 75% or moreCode E | Yes | SHAREHOLDER06/1998 | Schedule BPDF page 37 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 7/14/2026 7:27:44 AM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
AFelonies2 No
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?No
- A2Been charged with a felony?No
BMisdemeanors2 No
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?No
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions3 Yes2 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?No
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?Yes
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?Yes
DOther regulatory actions1 Yes4 No
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?No
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?Yes
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?No
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?No
ESelf-regulatory organization actions1 Yes3 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?Yes
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 No
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?No
HCivil judicial actions and proceedings4 No
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?No
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?No
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?No
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?No
Additional DRP filings 6 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
regulatory · block 1PDF pages 37–39
- Regulator name — filed text
- FINRA
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, FIFTH THIRD SECURITIES, INC. ("FTS") CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT FTS DISADVANTAGED CERTAIN RETIREMENT PLAN AND CHARITABLE ORGANIZATION CUSTOMERS THAT WERE ELIGIBLE TO PURCHASE CLASS A SHARES IN CERTAIN MUTUAL FUNDS WITHOUT A FRONT-END SALES CHARGE ("ELIGIBLE CUSTOMERS"). THESE ELIGIBLE CUSTOMERS WERE INSTEAD SOLD CLASS A SHARES WITH A FRONT-END SALES CHARGE OR CLASS B OR C WITH BACK-END SALES CHARGES AND HIGHER ONGOING FEES AND EXPENSES. DURING THIS PERIOD, FTS FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM AND PROCEDURES REASONABLY DESIGNED TO ENSURE THAT ELIGIBLE CUSTOMERS WHO PURCHASED MUTUAL FUND SHARES RECEIVED THE BENEFIT OF APPLICABLE SALES CHARGE WAIVERS. FTS ESTIMATES THAT ELIGIBLE CUSTOMERS WERE OVERCHARGED BY APPROXIMATELY $298,000 FOR MUTUAL FUND SHARES SINCE JULY 1, 2009.
Sanction detail — filed text
FTS ESTIMATES THAT APPROXIMATELY $298,000 IS TO BE REIMBURSED TO ELIGIBLE CUSTOMERS PLUS INTEREST. THIS TOTAL AMOUNT IS CURRENTLY CALCULATED TO BE APPROXIMATELY $355,403 (SUBJECT TO CHANGE DEPENDENT UPON TIMING OF REIMBURSEMENT.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by
more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the
SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than
ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer
is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINRA
2.
Principal Sanction:
Censure
Other Sanctions:
REMEDIATION
3.
Date Initiated (MM/DD/YYYY):
04/14/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2015046481601
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Mutual Fund(s)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
WITHOUT ADMITTING OR DENYING THE FINDINGS, FIFTH THIRD SECURITIES, INC. ("FTS") CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT FTS DISADVANTAGED CERTAIN
RETIREMENT PLAN AND CHARITABLE ORGANIZATION CUSTOMERS THAT WERE ELIGIBLE TO PURCHASE CLASS A SHARES IN CERTAIN MUTUAL FUNDS WITHOUT A FRONT-END SALES CHARGE
("ELIGIBLE CUSTOMERS"). THESE ELIGIBLE CUSTOMERS WERE INSTEAD SOLD CLASS A SHARES WITH A FRONT-END SALES CHARGE OR CLASS B OR C WITH BACK-END SALES CHARGES AND HIGHER
ONGOING FEES AND EXPENSES. DURING THIS PERIOD, FTS FAILED TO ESTABLISH AND MAINTAIN A SUPERVISORY SYSTEM AND PROCEDURES REASONABLY DESIGNED TO ENSURE THAT ELIGIBLE
CUSTOMERS WHO PURCHASED MUTUAL FUND SHARES RECEIVED THE BENEFIT OF APPLICABLE SALES CHARGE WAIVERS. FTS ESTIMATES THAT ELIGIBLE CUSTOMERS WERE OVERCHARGED BY
APPROXIMATELY $298,000 FOR MUTUAL FUND SHARES SINCE JULY 1, 2009.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
04/14/2016
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If
requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If
disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any
portion of penalty was waived:
FTS ESTIMATES THAT APPROXIMATELY $298,000 IS TO BE REIMBURSED TO ELIGIBLE CUSTOMERS PLUS INTEREST. THIS TOTAL AMOUNT IS CURRENTLY CALCULATED TO BE APPROXIMATELY
$355,403 (SUBJECT TO CHANGE DEPENDENT UPON TIMING OF REIMBURSEMENT.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).regulatory · block 2PDF pages 39–40
- Regulator name — filed text
- FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
- Monetary/Fine Amount — filed text
- $ 4,000,000.00
- How was matter resolved — filed text
- Acceptance, Waiver & Consent(AWC)
Other filed details
Description of allegations — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS, FIFTH THIRD SECURITIES, INC. ("FTS") CONSENTED TO THE FINDINGS THAT FTS FAILED TO FULLY COMPLY WITH AN UNDERTAKING FROM A PREVIOUS ACCEPTANCE WAIVER AND CONSENT ENTERED INTO WITH FINRA IN 2009. IN ADDITION, FTS MADE MATERIAL MISSTATEMENTS AND OMISSIONS IN APPROXIMATELY 77% OF A SAMPLE SET OF 250 VARIABLE ANNUITY EXCHANGES RANDOMLY SELECTED AND REVIEWED BY FINRA FROM AMONG 1,431 VARIABLE ANNUITY EXCHANGES. MISSTATEMENTS AND OMMISSIONS ABOUT THE COST OR BENEFITS OF THE VARIABLE EXCHANGE MADE THE EXCHANGE APPEAR MORE BENEFICIAL TO THE CUSTOMER. FTS ALSO FAILED TO IMPLEMENT A SUPERVISORY STRUCTURE REASONABLY DESIGNED TO ENSURE THAT ITS REGISTERED REPRESENTATIVES OBTAINED AND ASSESSED ACCURATE INFORMATION ABOUT THE CUSTOMER'S EXISTING AND PROPOSED VARIABLE ANNUITIES PRIOR TO EFFECTING THE EXCHANGES.
Sanction detail — filed text
FINRA FINED FIFTH THIRD SECURITIES, INC. $4,000,000, WHICH WAS PAID ON MAY 16, 2018. $2,000,000 WAS PAID BY FIFTH THIRD SECURITIES, INC. TO APPLICABLE CUSTOMERS WHO HAD A VARIABLE ANNUITY EXCHANGE BETWEEN 2013-2015 IN JULY 2018.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by
more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the
SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than
ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer
is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
2.
Principal Sanction:
Censure
Other Sanctions:
A FINE OF $4,000,000 AND RESTITUTION TOTALING $2,000,000 TO APPLICABLE CUSTOMERS.
3.
Date Initiated (MM/DD/YYYY):
05/08/2018
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
2013035051401
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Annuity(ies) - Variable
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
WITHOUT ADMITTING OR DENYING THE FINDINGS, FIFTH THIRD SECURITIES, INC. ("FTS") CONSENTED TO THE FINDINGS THAT FTS FAILED TO FULLY COMPLY WITH AN UNDERTAKING FROM A
PREVIOUS ACCEPTANCE WAIVER AND CONSENT ENTERED INTO WITH FINRA IN 2009. IN ADDITION, FTS MADE MATERIAL MISSTATEMENTS AND OMISSIONS IN APPROXIMATELY 77% OF A SAMPLE
SET OF 250 VARIABLE ANNUITY EXCHANGES RANDOMLY SELECTED AND REVIEWED BY FINRA FROM AMONG 1,431 VARIABLE ANNUITY EXCHANGES. MISSTATEMENTS AND OMMISSIONS ABOUT THE
COST OR BENEFITS OF THE VARIABLE EXCHANGE MADE THE EXCHANGE APPEAR MORE BENEFICIAL TO THE CUSTOMER. FTS ALSO FAILED TO IMPLEMENT A SUPERVISORY STRUCTURE REASONABLY
DESIGNED TO ENSURE THAT ITS REGISTERED REPRESENTATIVES OBTAINED AND ASSESSED ACCURATE INFORMATION ABOUT THE CUSTOMER'S EXISTING AND PROPOSED VARIABLE ANNUITIES
PRIOR TO EFFECTING THE EXCHANGES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Acceptance, Waiver & Consent(AWC)
11. Resolution Date (MM/DD/YYYY):
05/08/2018
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 4,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
RESTITUTION TOTALING $2,000,000 TO BE PAID TO APPLICABLE CUSTOMERS WHO HAD A VARIABLE ANNUITY EXCHANGE BETWEEN 2013-2015. IN ADDITION, THE PRESIDENT OF FIFTH THIRD
SECURITIES IS TO PROVIDE CERTIFICATION REGARDING THE SUPERVISION OF VARIABLE ANNUITIES WITHIN 90 BUSINESS DAYS OF THE ACCEPTANCE OF THE ACCEPTANCE WAIVER AND
CONSENT.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If
requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If
disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any
portion of penalty was waived:
FINRA FINED FIFTH THIRD SECURITIES, INC. $4,000,000, WHICH WAS PAID ON MAY 16, 2018. $2,000,000 WAS PAID BY FIFTH THIRD SECURITIES, INC. TO APPLICABLE CUSTOMERS WHO
HAD A VARIABLE ANNUITY EXCHANGE BETWEEN 2013-2015 IN JULY 2018.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).regulatory · block 3PDF pages 40–42
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 200,000.00
- How was matter resolved — filed text
- Decision & Order of Offer of Settlement
Action status / disposition — filed text
THESE PROCEEDINGS INVOLVE FIFTH THIRD'S FAILURE TO COMPLY WITH EXCHANGE ACT RULE 15C2-12 ("RULE 15C2-12" OR THE "RULE") WHEN PARTICIPATING AS AN UNDERWRITER IN CERTAIN PRIMARY OFFERINGS OF MUNICIPAL SECURITIES. THE RULE GENERALLY REQUIRES UNDERWRITERS, IN PRIMARY OFFERINGS OF $1 MILLION OR MORE, TO OBTAIN DISCLOSURE DOCUMENTS FROM ISSUERS AND TO REASONABLY DETERMINE THAT THE ISSUER OF THE MUNICIPAL SECURITIES OR AN OBLIGATED PERSON HAS UNDERTAKEN TO PROVIDE CERTAIN INFORMATION PERTAINING TO THE OFFERED SECURITIES ON A CONTINUING BASIS TO THE MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB"). THIS UNDERTAKING IS COMMONLY REFERRED TO AS A "CONTINUING DISCLOSURE UNDERTAKING" OR A "CONTINUING DISCLOSURE AGREEMENT." CONTINUING DISCLOSURES ENABLE INVESTORS IN MUNICIPAL SECURITIES IN THE SECONDARY MARKET TO MAKE INFORMED INVESTMENT DECISIONS AND TO PROTECT THEMSELVES FROM MISREPRESENTATIONS OR OTHER FRAUDULENT ACTIVITIES BY BROKERS, DEALERS AND MUNICIPAL SECURITIES DEALERS. RULE 15C2-12 INCLUDES AN EXEMPTION FOR LIMITED OFFERINGS OF MUNICIPAL SECURITIES PLACED WITH A SMALL NUMBER OF SOPHISTICATED INVESTORS WITH INVESTMENT INTENT. UNDERWRITERS PARTICIPATING IN OFFERINGS OF MUNICIPAL SECURITIES ISSUED IN DENOMINATIONS OF $100,000 OR MORE THAT ARE SOLD TO NO MORE THAN THIRTY-FIVE PERSONS ARE EXEMPT FROM THE RULE'S REQUIREMENTS IF THE UNDERWRITERS HAVE A REASONABLE BELIEF THAT EACH PURCHASER: (1) HAS SUCH KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT IT IS CAPABLE OF EVALUATING THE MERITS AND RISKS OF THE INVESTMENT; AND (2) IS NOT PURCHASING THE SECURITIES FOR MORE THAN ONE ACCOUNT OR WITH A VIEW TO DISTRIBUTING THE SECURITIES. FROM MARCH 2018 TO SEPTEMBER 2022, FIFTH THIRD, WHILE SERVING AS SOLE UNDERWRITER FOR 79 LIMITED OFFERINGS, SOLD SECURITIES TO BROKER- DEALERS AND CERTAIN INVESTMENT ADVISERS WITHOUT A REASONABLE BELIEF THAT THE BROKER-DEALERS AND INVESTMENT ADVISERS WERE PURCHASING THE SECURITIES FOR INVESTMENT AS REQUIRED UNDER RULE 15C2-12(D)(1)(I). MOREOVER, FIFTH THIRD LACKED POLICIES AND PROCEDURES REASONABLY DESIGNED TO DETERMINE IF PURCHASERS SATISFIED THE EXEMPTION'S REQUIREMENTS. AS A RESULT, FIFTH THIRD VIOLATED RULE 15C2-12, AS WELL AS MSRB RULE G-27, WHICH REQUIRES MUNICIPAL SECURITIES UNDERWRITERS TO ADOPT, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH RULE 15C2-12. FIFTH THIRD ALSO VIOLATED SECTION 15B(C)(1) OF THE EXCHANGE ACT BY FAILING TO COMPLY WITH THE MSRB RULE.
Other filed details
Description of allegations — filed text
FAILURE TO COMPLY WITH EXCHANGE ACT RULE 15C2-12 WHEN PARTICIPATING AS A SOLE UNDERWRITER IN CERTAIN PRIMARY OFFERINGS OF MUNICIPAL SECURITIES.
Sanction detail — filed text
FINE $200,000.00, DISGORGEMENT OF $442,465.59, AND PREJUDGMENT INTEREST OF $67,506.09. PAYMENT WAS MADE 07/19/2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by
more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the
SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than
ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer
is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
U.S. SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Cease and Desist
Other Sanctions:
REMEDIAL SANCTIONS (CENSURE, DISGORGEMENT, AND PREJUDGMENT INTEREST)
3.
Date Initiated (MM/DD/YYYY):
06/01/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
3-21531
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Debt - Municipal
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
FAILURE TO COMPLY WITH EXCHANGE ACT RULE 15C2-12 WHEN PARTICIPATING AS A SOLE UNDERWRITER IN CERTAIN PRIMARY OFFERINGS OF MUNICIPAL SECURITIES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision & Order of Offer of Settlement
11. Resolution Date (MM/DD/YYYY):
07/18/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 200,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
DISGORGEMENT OF $442,465.59 AND PREJUDGMENT INTEREST OF $67,506.09.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If
requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If
disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any
portion of penalty was waived:
FINE $200,000.00, DISGORGEMENT OF $442,465.59, AND PREJUDGMENT INTEREST OF $67,506.09. PAYMENT WAS MADE 07/19/2023.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
THESE PROCEEDINGS INVOLVE FIFTH THIRD'S FAILURE TO COMPLY WITH EXCHANGE ACT RULE 15C2-12 ("RULE 15C2-12" OR THE "RULE") WHEN PARTICIPATING AS AN UNDERWRITER IN CERTAIN
PRIMARY OFFERINGS OF MUNICIPAL SECURITIES. THE RULE GENERALLY REQUIRES UNDERWRITERS, IN PRIMARY OFFERINGS OF $1 MILLION OR MORE, TO OBTAIN DISCLOSURE DOCUMENTS FROM
ISSUERS AND TO REASONABLY DETERMINE THAT THE ISSUER OF THE MUNICIPAL SECURITIES OR AN OBLIGATED PERSON HAS UNDERTAKEN TO PROVIDE CERTAIN INFORMATION PERTAINING TO
THE OFFERED SECURITIES ON A CONTINUING BASIS TO THE MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB"). THIS UNDERTAKING IS COMMONLY REFERRED TO AS A "CONTINUING
DISCLOSURE UNDERTAKING" OR A "CONTINUING DISCLOSURE AGREEMENT." CONTINUING DISCLOSURES ENABLE INVESTORS IN MUNICIPAL SECURITIES IN THE SECONDARY MARKET TO MAKE
INFORMED INVESTMENT DECISIONS AND TO PROTECT THEMSELVES FROM MISREPRESENTATIONS OR OTHER FRAUDULENT ACTIVITIES BY BROKERS, DEALERS AND MUNICIPAL SECURITIES DEALERS.
RULE 15C2-12 INCLUDES AN EXEMPTION FOR LIMITED OFFERINGS OF MUNICIPAL SECURITIES PLACED WITH A SMALL NUMBER OF SOPHISTICATED INVESTORS WITH INVESTMENT INTENT.
UNDERWRITERS PARTICIPATING IN OFFERINGS OF MUNICIPAL SECURITIES ISSUED IN DENOMINATIONS OF $100,000 OR MORE THAT ARE SOLD TO NO MORE THAN THIRTY-FIVE PERSONS ARE
EXEMPT FROM THE RULE'S REQUIREMENTS IF THE UNDERWRITERS HAVE A REASONABLE BELIEF THAT EACH PURCHASER: (1) HAS SUCH KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS
MATTERS THAT IT IS CAPABLE OF EVALUATING THE MERITS AND RISKS OF THE INVESTMENT; AND (2) IS NOT PURCHASING THE SECURITIES FOR MORE THAN ONE ACCOUNT OR WITH A VIEW TO
DISTRIBUTING THE SECURITIES. FROM MARCH 2018 TO SEPTEMBER 2022, FIFTH THIRD, WHILE SERVING AS SOLE UNDERWRITER FOR 79 LIMITED OFFERINGS, SOLD SECURITIES TO BROKER-
DEALERS AND CERTAIN INVESTMENT ADVISERS WITHOUT A REASONABLE BELIEF THAT THE BROKER-DEALERS AND INVESTMENT ADVISERS WERE PURCHASING THE SECURITIES FOR INVESTMENT AS
REQUIRED UNDER RULE 15C2-12(D)(1)(I). MOREOVER, FIFTH THIRD LACKED POLICIES AND PROCEDURES REASONABLY DESIGNED TO DETERMINE IF PURCHASERS SATISFIED THE EXEMPTION'S
REQUIREMENTS. AS A RESULT, FIFTH THIRD VIOLATED RULE 15C2-12, AS WELL AS MSRB RULE G-27, WHICH REQUIRES MUNICIPAL SECURITIES UNDERWRITERS TO ADOPT, MAINTAIN AND
ENFORCE WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO ENSURE COMPLIANCE WITH RULE 15C2-12. FIFTH THIRD ALSO VIOLATED SECTION 15B(C)(1) OF THE EXCHANGE ACT
BY FAILING TO COMPLY WITH THE MSRB RULE.regulatory · block 4PDF pages 42–44
- Regulator name — filed text
- U.S. SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 8,000,000.00
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
CIVIL MONEY PENALTY OF $8,000,000 WAS PAID TO THE SEC ON OCTOBER 4, 2023.
Other filed details
Description of allegations — filed text
FROM AT LEAST JANUARY 2019, FIFTH THIRD SECURITIES EMPLOYEES SENT AND RECEIVED OFF-CHANNEL COMMUNICATIONS THAT RELATED TO THE BUSINESS OF THE BROKER-DEALER AND REGISTERED INVESTMENT ADVISER OPERATED BY FIFTH THIRD. RESPONDENT DID NOT MAINTAIN OR PRESERVE THE SUBSTANTIAL MAJORITY OF THESE WRITTEN COMMUNICATIONS. RESPONDENT'S FAILURE WAS FIRM-WIDE, AND INVOLVED EMPLOYEES AT VARIOUS LEVELS OF AUTHORITY. AS A RESULT, FIFTH THIRD VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4(B)(4) THEREUNDER AND SECTION 204 OF THE ADVISERS ACT AND RULE 204-2(A)(7) THEREUNDER.
Sanction detail — filed text
FIFTH THIRD SECURITIES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER. FIFTH THIRD SECURITIES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 204 OF THE ADVISERS ACT AND RULE 204-2 THEREUNDER. FIFTH THIRD SECURITIES WAS CENSURED. ADDITIONALLY, FIFTH THIRD SECURITIES IS REQUIRED TO HIRE A COMPLIANCE CONSULTANT TO ASSESS FIFTH THIRD SECURITIES' PROGRAM FOR THE PRESERVATION, AS REQUIRED UNDER THE FEDERAL SECURITIES LAWS, OF ELECTRONIC COMMUNICATIONS, INCLUDING THOSE FOUND ON PERSONAL DEVICES, COMMENCING ONE YEAR AFTER SUBMITTING THE A REPORT REQUIRED BY THE ENFORCEMENT. FIFTH THIRD SECURITIES IS REQUIRED TO HAVE THIS REVIEW TO EVALUATE FIFTH THIRD SECURITIES' PROGRESS IN THE AREAS DESCRIBED IN THE UNDERTAKINGS OF THE SEC ORDER. THE COMPLIANCE CONSULTANT IS TO SUBMIT A REPORT (THE "ONE YEAR REPORT") TO FIFTH THIRD SECURITIES AND THE SEC COMMISSION STAFF AND SHALL ENSURE THAT THE ONE YEAR REPORT INCLUDES AN UPDATED ASSESSMENT OF FIFTH THIRD'S POLICIES AND PROCEDURES WITH REGARD TO THE PRESERVATION OF ELECTRONIC COMMUNICATIONS (INCLUDING THOSE FOUND ON PERSONAL DEVICES), TRAINING, SURVEILLANCE PROGRAMS, AND TECHNOLOGICAL SOLUTIONS IMPLEMENTED IN THE PRIOR YEAR PERIOD. CIVIL MONEY PENALTY OF $8,000,000 WAS PAID TO THE SEC ON OCTOBER 4, 2023.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) U.S. SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Cease and Desist Other Sanctions: CENSURE 3. Date Initiated (MM/DD/YYYY): 07/06/2023 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 3-21765 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: No Product Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): FROM AT LEAST JANUARY 2019, FIFTH THIRD SECURITIES EMPLOYEES SENT AND RECEIVED OFF-CHANNEL COMMUNICATIONS THAT RELATED TO THE BUSINESS OF THE BROKER-DEALER AND REGISTERED INVESTMENT ADVISER OPERATED BY FIFTH THIRD. RESPONDENT DID NOT MAINTAIN OR PRESERVE THE SUBSTANTIAL MAJORITY OF THESE WRITTEN COMMUNICATIONS. RESPONDENT'S FAILURE WAS FIRM-WIDE, AND INVOLVED EMPLOYEES AT VARIOUS LEVELS OF AUTHORITY. AS A RESULT, FIFTH THIRD VIOLATED SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4(B)(4) THEREUNDER AND SECTION 204 OF THE ADVISERS ACT AND RULE 204-2(A)(7) THEREUNDER. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Order 11. Resolution Date (MM/DD/YYYY): 09/29/2023 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 8,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: FIFTH THIRD SECURITIES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 17(A) OF THE EXCHANGE ACT AND RULE 17A-4 THEREUNDER. FIFTH THIRD SECURITIES TO CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTION 204 OF THE ADVISERS ACT AND RULE 204-2 THEREUNDER. FIFTH THIRD SECURITIES WAS CENSURED. ADDITIONALLY, FIFTH THIRD SECURITIES IS REQUIRED TO HIRE A COMPLIANCE CONSULTANT TO ASSESS FIFTH THIRD SECURITIES' PROGRAM FOR THE PRESERVATION, AS REQUIRED UNDER THE FEDERAL SECURITIES LAWS, OF ELECTRONIC COMMUNICATIONS, INCLUDING THOSE FOUND ON PERSONAL DEVICES, COMMENCING ONE YEAR AFTER SUBMITTING THE A REPORT REQUIRED BY THE ENFORCEMENT. FIFTH THIRD SECURITIES IS REQUIRED TO HAVE THIS REVIEW TO EVALUATE FIFTH THIRD SECURITIES' PROGRESS IN THE AREAS DESCRIBED IN THE UNDERTAKINGS OF THE SEC ORDER. THE COMPLIANCE CONSULTANT IS TO SUBMIT A REPORT (THE "ONE YEAR REPORT") TO FIFTH THIRD SECURITIES AND THE SEC COMMISSION STAFF AND SHALL ENSURE THAT THE ONE YEAR REPORT INCLUDES AN UPDATED ASSESSMENT OF FIFTH THIRD'S POLICIES AND PROCEDURES WITH REGARD TO THE PRESERVATION OF ELECTRONIC COMMUNICATIONS (INCLUDING THOSE FOUND ON PERSONAL DEVICES), TRAINING, SURVEILLANCE PROGRAMS, AND TECHNOLOGICAL SOLUTIONS IMPLEMENTED IN THE PRIOR YEAR PERIOD. CIVIL MONEY PENALTY OF $8,000,000 WAS PAID TO THE SEC ON OCTOBER 4, 2023. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). CIVIL MONEY PENALTY OF $8,000,000 WAS PAID TO THE SEC ON OCTOBER 4, 2023.
regulatory · block 5FIFTH THIRD BANK, NATIONAL ASSOCIATIONPDF pages 44–46
- Advisory affiliate name — filed text
- FIFTH THIRD BANK, NATIONAL ASSOCIATION
- Regulator name — filed text
- CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
- Monetary/Fine Amount — filed text
- $ 5,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
PAYMENT OF THE FINE WAS MADE BY FIFTH THIRD BANK, N.A. ON JULY 17, 2024.
Other filed details
Description of allegations — filed text
CFPB ALLEGED FOR A SINCE-DISCONTINUED PROGRAM OF FIFTH THIRD BANK THAT ITS AUTO LENDING BUSINESS PLACED COLLATERAL PROTECTION INSURANCE (CPI) ON CERTAIN AUTO LOANS.
Sanction detail — filed text
FIFTH THIRD BANK, N.A. WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS OF LAW (EXCEPT TO ESTABLISH JURISDICTION), AGREED TO ENTRY OF A CONSENT ORDER RELATED TO A SINCE-DISCONTINUED PROGRAM IN ITS AUTO LENDING BUSINESS THAT PLACED COLLATERAL PROTECTION INSURANCE (CPI) ON CERTAIN AUTO LOANS. PAYMENT OF THE FINE WAS MADE BY FIFTH THIRD BANK, N.A. ON JULY 17, 2024. UNDER THE CONSENT ORDER, FIFTH THIRD AGREED TO PAY A $5 MILLION CIVIL MONETARY PENALTY RELATED TO THOSE ISSUES, MAINTAIN EXISTING POLICY CHANGES RELATED TO ITS AUTO SERVICING PRACTICES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE ITS COMPLIANCE WITH THE ORDER AND PROVIDE A REDRESS PLAN TO REMEDIATE CERTAIN CUSTOMERS WITHIN A REDRESS PERIOD BEGINNING JULY 21, 2011 AND ENDING DECEMBER 31, 2020.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: FIFTH THIRD BANK, NATIONAL ASSOCIATION (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: REDRESS PLAN TO REMEDIATE CERTAIN AUTO-LOAN CUSTOMERS WITHIN A REDRESS PERIOD BEGINNING JULY 21, 2011 AND ENDING DECEMBER 31, 2020. 3. Date Initiated (MM/DD/YYYY): 07/09/2024 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: 2024-CFPB-0006 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): FIFTH THIRD BANK, NATIONAL ASSOCIATION 6. Principal Product Type: Other Other Product Types: AUTO-LOANS 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): CFPB ALLEGED FOR A SINCE-DISCONTINUED PROGRAM OF FIFTH THIRD BANK THAT ITS AUTO LENDING BUSINESS PLACED COLLATERAL PROTECTION INSURANCE (CPI) ON CERTAIN AUTO LOANS. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Consent 11. Resolution Date (MM/DD/YYYY): 07/09/2024 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 5,000,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: FIFTH THIRD BANK, N.A. WITHOUT ADMITTING OR DENYING ANY OF THE FINDINGS OF FACT OR CONCLUSIONS OF LAW (EXCEPT TO ESTABLISH JURISDICTION), AGREED TO ENTRY OF A CONSENT ORDER RELATED TO A SINCE-DISCONTINUED PROGRAM IN ITS AUTO LENDING BUSINESS THAT PLACED COLLATERAL PROTECTION INSURANCE (CPI) ON CERTAIN AUTO LOANS. PAYMENT OF THE FINE WAS MADE BY FIFTH THIRD BANK, N.A. ON JULY 17, 2024. UNDER THE CONSENT ORDER, FIFTH THIRD AGREED TO PAY A $5 MILLION CIVIL MONETARY PENALTY RELATED TO THOSE ISSUES, MAINTAIN EXISTING POLICY CHANGES RELATED TO ITS AUTO SERVICING PRACTICES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE ITS COMPLIANCE WITH THE ORDER AND PROVIDE A REDRESS PLAN TO REMEDIATE CERTAIN CUSTOMERS WITHIN A REDRESS PERIOD BEGINNING JULY 21, 2011 AND ENDING DECEMBER 31, 2020. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). PAYMENT OF THE FINE WAS MADE BY FIFTH THIRD BANK, N.A. ON JULY 17, 2024.
regulatory · block 6FIFTH THIRD BANK, NATIONAL ASSOCIATIONPDF pages 46–48
- Advisory affiliate name — filed text
- FIFTH THIRD BANK, NATIONAL ASSOCIATION
- Regulator name — filed text
- CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
- Monetary/Fine Amount — filed text
- $ 15,000,000.00
- How was matter resolved — filed text
- Consent
Action status / disposition — filed text
FIFTH THIRD BANK, N.A. PAID THE AFOREMENTIONED FINE ON JULY 19, 2024.
Other filed details
Description of allegations — filed text
THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") ALLEGED VIOLATIONS OF THE CONSUMER FINANCIAL PROTECTION ACT, THE TRUTH IN LENDING ACT, AND TRUTH IN SAVINGS ACT. THE PARTIES AGREED TO THE ENTRY OF A STIPULATED FINAL JUDGMENT AND ORDER ON JULY 9, 2024 TO RESOLVE THIS MATTER, PURSUANT TO WHICH FIFTH THIRD, WITHOUT ADMITTING OR DENYING ANY OF THE ALLEGATIONS IN THE SUIT EXCEPT AS SPECIFIED IN THE ORDER, AGREED TO PAY A CIVIL MONETARY PENALTY OF $15 MILLION, AGREED TO MAINTAIN EXISTING POLICIES AROUND ITS CONSUMER SALES INCENTIVES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE ITS ACCOUNT OPENING PRACTICES COMPLY WITH LAW AND THE ORDER.
Sanction detail — filed text
THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") FILED A LAWSUIT AGAINST FIFTH THIRD BANK ON MARCH 9, 2020, ALLEGING VIOLATIONS OF THE CONSUMER FINANCIAL PROTECTION ACT, THE TRUTH IN LENDING ACT, AND TRUTH IN SAVINGS ACT. THE PARTIES AGREED TO THE ENTRY OF A STIPULATED FINAL JUDGMENT AND ORDER ON JULY 9, 2024 TO RESOLVE THIS MATTER, PURSUANT TO WHICH FIFTH THIRD, WITHOUT ADMITTING OR DENYING ANY OF THE ALLEGATIONS IN THE SUIT EXCEPT AS SPECIFIED IN THE ORDER, AGREED TO PAY A CIVIL MONETARY PENALTY OF $15 MILLION, AGREED TO MAINTAIN EXISTING POLICIES AROUND ITS CONSUMER SALES INCENTIVES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE ITS ACCOUNT OPENING PRACTICES COMPLY WITH LAW AND THE ORDER AND AGREED TO PROVIDE A REDRESS PLAN TO REMEDIATE CERTAIN CUSTOMERS WITH CHECKING, SAVINGS, OR CREDIT CARD ACCOUNTS OPENED BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2016. FIFTH THIRD BANK, N.A. PAID THE AFOREMENTIONED FINE ON JULY 19, 2024.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by
more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
FIFTH THIRD BANK, NATIONAL
ASSOCIATION
(For individuals, Last, First, Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the
SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than
ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer
is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
REDRESS PLAN TO REMEDIATE CERTAIN CUSTOMERS WITH CHECKING, SAVINGS, OR CREDIT CARD ACCOUNTS OPENED BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2016.
3.
Date Initiated (MM/DD/YYYY):
03/09/2020
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
1:21-CV-00262-DRC (S.D. OHIO)
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
FIFTH THIRD BANK, NATIONAL ASSOCIATION
6.
Principal Product Type:
Other
Other Product Types:
CHECKING, SAVINGS, AND CREDIT CARD ACCOUNTS.
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") ALLEGED VIOLATIONS OF THE CONSUMER FINANCIAL PROTECTION ACT, THE TRUTH IN LENDING ACT, AND TRUTH IN SAVINGS ACT. THE
PARTIES AGREED TO THE ENTRY OF A STIPULATED FINAL JUDGMENT AND ORDER ON JULY 9, 2024 TO RESOLVE THIS MATTER, PURSUANT TO WHICH FIFTH THIRD, WITHOUT ADMITTING OR DENYING
ANY OF THE ALLEGATIONS IN THE SUIT EXCEPT AS SPECIFIED IN THE ORDER, AGREED TO PAY A CIVIL MONETARY PENALTY OF $15 MILLION, AGREED TO MAINTAIN EXISTING POLICIES AROUND ITS
CONSUMER SALES INCENTIVES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE ITS ACCOUNT OPENING PRACTICES COMPLY WITH LAW AND THE ORDER.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Consent
11. Resolution Date (MM/DD/YYYY):
07/09/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 15,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If
requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If
disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any
portion of penalty was waived:
THE CONSUMER FINANCIAL PROTECTION BUREAU ("CFPB") FILED A LAWSUIT AGAINST FIFTH THIRD BANK ON MARCH 9, 2020, ALLEGING VIOLATIONS OF THE CONSUMER FINANCIAL
PROTECTION ACT, THE TRUTH IN LENDING ACT, AND TRUTH IN SAVINGS ACT. THE PARTIES AGREED TO THE ENTRY OF A STIPULATED FINAL JUDGMENT AND ORDER ON JULY 9, 2024 TO
RESOLVE THIS MATTER, PURSUANT TO WHICH FIFTH THIRD, WITHOUT ADMITTING OR DENYING ANY OF THE ALLEGATIONS IN THE SUIT EXCEPT AS SPECIFIED IN THE ORDER, AGREED TO PAY
A CIVIL MONETARY PENALTY OF $15 MILLION, AGREED TO MAINTAIN EXISTING POLICIES AROUND ITS CONSUMER SALES INCENTIVES, AGREED TO CREATE A COMPLIANCE PLAN TO ENSURE
ITS ACCOUNT OPENING PRACTICES COMPLY WITH LAW AND THE ORDER AND AGREED TO PROVIDE A REDRESS PLAN TO REMEDIATE CERTAIN CUSTOMERS WITH CHECKING, SAVINGS, OR
CREDIT CARD ACCOUNTS OPENED BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2016. FIFTH THIRD BANK, N.A. PAID THE AFOREMENTIONED FINE ON JULY 19, 2024.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided).
FIFTH THIRD BANK, N.A. PAID THE AFOREMENTIONED FINE ON JULY 19, 2024.* Metrics are based on the latest available data, including Form ADV filings, brochures, and relationship summaries pulled from the SEC IAPD, and may be subject to change. Learn what is included in the Rialytix data. Please refer to the firm's official disclosures for the most accurate information using their CRD number. This is not investment advice.