Edward Jones is being sued by four investor clients who allege the firms' advisors have “unlawfully shift[ed] their commission-based accounts to a fee-based program” over the past five years in what they refer to as “a reverse-churning scheme.”
The class-action suit was filed last week in an Eastern District of California court by plaintiffs Edward Anderson, Raymond Keith Corum, Jesse Worthington and Colleen Worthington. The plaintiffs are represented by counsel from the Garner Law Office in WIllows, California, and Franklin D. Azar & Associates in Aurora, Colorado.
It notes that Edward Jones has “substantially increased client assets managed in its Advisory Programs every year since the introduction of Bridge Builder [which includes portfolios based on proprietary funds] in 2013.”
These assets stood at $265 billion in 2017 vs. $101 billion in 2013, according to company reports. During this period, the suit points out, Edward Jones generated $17.2 billion in revenue from asset-based fees; it also paid advisors and partners $272 billion in bonuses.
Edward Jones “made misleading statements and material omissions to [its] clients … about the amount of fees they would pay after their assets were moved into one of the Advisory Programs and about Edward Jones' preference for investing in proprietary funds,” the suit claims.
Furthermore, the firm and associated parties named in the lawsuit allegedly “breached their fiduciary duties because clients who engaged in little to no trading activity paid more in fee-based accounts than they did in commission-based accounts and clients who were invested in a proprietary fund were entitled to know about [the] defendants' competing interests that caused them to make self-interested investments on their clients' behalf.”
According to the lawsuit, the plaintiffs' investment details are as follows:
- Anderson agreed to the Advisory Solutions Fund Model Agreement in July 2015. About $61,000, or 60% of his total assets, were put into Bridge Builder mutual funds — for which he paid over $6,000 in fees.
- Corum's advisor moved his assets into Advisory Solutions in 2015 “despite his instruction to her to keep his account as it was,” according to the suit. Some $22,000, or 32% of his assets, were put into Bridge Builder. He paid more than $671 a year in fees overall.
- Jesse Worthington's assets were moved into Advisory Solutions in early 2014. In 2016, his living trust was moved into Guided Solutions, with about $4,500 of his assets invested in the Edward Jones Money Market Fund and over $38,000 put into Edward Jones preferred partners' mutual funds. He paid over $792 in fees for the Guided Solutions account in 2016, and over $3,350 in fees during the period he was in Advisory Solutions.
- Collen Worthington's account was switched to Advisory Solutions in early 2015. Some $53,000, or 38% of her assets were invested in Bridge Builder. She paid over $2,130 in fees.
The company said in a statement that it “has consistently offered both fee-based and commission-based client accounts that adhere to all regulatory requirements. We believe Edward Jones client accounts are among the best options in the industry, and we intend to vigorously defend this action.”
Edward Jones had 16,095 advisors as of Dec. 31 and some $1.12 trillion of client assets. Fee-based revenue was $5.7 billion, or 76%, of net revenues last year.
— Check out Edward Jones, Seeking Seasoned FAs, Gets a Recruiting Makeover on ThinkAdvisor.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAttorney of the Year Finalist: Michael Rubin, Latham & Watkins
John Hueston Appointed Monitor by CA Court Judge in Ruling on Veterans' Housing Case
Ex-Federal Prosecutor and White-Collar Defense Lawyer Joins Foundation Law Group
Litigator Sarah Shekhter Joins San Diego Jewish Bar Association Board of Directors
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250