Wilmington Trust to pay $1.3M over fiduciary duty lapses

SEC office

A Delaware-based investment adviser agreed to pay more than $1.3 million to settle charges by the Securities and Exchange Commission (SEC) it failed to disclose conflicts of interest and breached its fiduciary duty to clients.

Wilmington Trust Investment Management was fined $250,000 and agreed to pay disgorgement of nearly $1 million and prejudgment interest of more than $77,000, the SEC announced in an administrative proceeding Tuesday. The firm agreed to cease and desist from further violations and be censured in reaching settlement.

During a seven-month period in 2020, Wilmington Trust offered a wrap program for certain mutual funds but failed to disclose conflicts of interest associated with no-transaction fees offered through its clearing firm, the SEC alleged in its order.

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