3 ms·
The answer in the US for a stock brokerage is "categorically no regulatory-based liability". If there is nothing for a fiduciary that handles your money, there
by yourapostasy 13y ago
The answer in the US for a stock brokerage is "categorically no regulatory-based liability". If there is nothing for a fiduciary that handles your money, there is no hope for customers of any other kind of company. I know this for a fact from first-hand experience witnessing someone's large 6-figure retirement account at Dxxxxxs (name disambiguation available upon request, post an email here and I'll send it to you, but most can guess who it is after this hint: BNY) get zeroed out from an information security attack, and helping with their subsequent attempts to recover funds.
The fiduciary admitted they do not suspect the victim drained the account on their own, and admitted there was no laxity on the victim's part they are aware of (no claim of password has too little entropy, for example). We suspect only a few accounts were hit, and all were drained due to an information security breach of some kind (the victim has some ties to sources who work on Wall Street who indicated they've heard about the breach).
The fiduciary proactively notified the victim of unusual account activity. That was the ONLY positive reaction to date (14 months ago now as of the time of this writing). The fiduciary then proceeds to:
* Lock out the victim from their own online account. Even read-only access to review historical transactions was denied.
* Mark the account "under internal security review", refuse any further discussion pending results of review.
* Make no effort to communicate with victim (my guess is they are likely expecting to lawyer up and go to litigation).
* Refuse at the local branch office to print off historical transactions (victim had switched to paperless a long time ago).
List of agencies contacted and who have refused to assist due to lack of jurisdiction:
* local police
* state banking commission
* state financial regulatory commission
* FBI
* SEC
* FINRA
* CFPB
I am waiting for the victim to give up all hope and give me permission to politely go through my attorney and if rebuffed out this publicly to any financial news reporter who wants the detailed information (account numbers, what little paper history trail exists, etc.), while giving the fiduciary a fixed amount of time to resolve. I might also involve the IRS after consultation with a tax attorney; there are some interesting tax laws that might be relevant from some basic research I did.