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Two brokerage units of investment firm Robinhood Markets have agreed to pay $45 million in combined civil penalties to settle a range of SEC violations arising from their brokerage operations, including one stemming from a 2021 data breach that exposed millions of customer names and emails.
The violations stem from numerous failures related to trading activity reporting, cybersecurity practices, recordkeeping, filing timely reports of suspicious activity and customer communication, according to SEC acting director Sanjay Wadhwa in a statement.
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Robinhood also admitted to breaking rules over retaining work-related communications with employees' use of messaging apps, such as WhatsApp, and other "off-channel" communication platforms.
Robinhood Securities will pay $33.5 million as part of the settlement, while Robinhood Financial will pay $11.5 million. The firms have also agreed to conduct internal audits and address the regulatory deficiencies identified in the SEC’s order.
“Today’s order finds that two Robinhood firms failed to observe a broad array of significant regulatory requirements, including failing to accurately report trading activity, comply with short sale rules, submit timely suspicious activity reports, maintain books and records, and safeguard customer information,” said Wadhwa.
Robinhood, founded in 2013, has a history of big-ticket regulatory penalties. In 2020, Robinhood Financial paid $65 million to settle SEC allegations that it didn’t sufficiently disclose its business dealings with high-speed traders. In 2021, the same unit paid nearly $70 million to the Financial Industry Regulatory Authority, the brokerage industry’s self-regulator.
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Both Robinhood broker-dealer’s violations include the following conduct, from 2019 to 2022:
- Suspicious activity reporting: Failure to timely investigate suspicious transactions, resulting in systematic failures to timely file suspicious activity reports.
- Identity theft protection: Failure to implement adequate policies and procedures designed to protect their customers from the risk of identity theft.
- Unauthorized access: Failure to adequately address cybersecurity risks related to remote access to their systems, after a third party obtained unauthorized access and downloaded information related to millions of individuals who had provided that information to Robinhood.
- Off-channel communications: Longstanding failures to maintain and preserve electronic communications in violation of the recordkeeping provisions of the federal securities laws.
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