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Increasing litigation and regulatory focus on cash sweep accounts

Institutions are facing civil lawsuits and regulatory scrutiny over cash sweep account practices. Learn more about how Forensics can help.


In brief
  • Cash sweep programs are designed to automatically transfer uninvested customer cash balances to interest-bearing accounts.
  • Class action civil lawsuits alleging violations of fiduciary duty are on the rise, and the SEC has signalled cash sweep practices to be an examination focus.
  • Forensics professionals are experienced and equipped to assist with litigation support, investigations and program enhancements related to this matter.

The U.S. Securities and Exchange Commission (SEC or Commission) has been examining cash sweep accounts for broker-dealers and investment advisers. The Commission’s “Fiscal Year 2025 Examination Priorities”1 signal that review of cash sweep accounts will continue to be a regulatory focus. These accounts involve the practice of transferring uninvested customer balances into interest-bearing deposit accounts as a means of generating income. There have been numerous class action lawsuits filed by customers against financial institutions for allegations of breaches of fiduciary duty, gross negligence and undue enrichment while customers have seen only minimal returns.

Download the report on Cash sweep accounts: class action matter services

Given the increased regulatory scrutiny and the risk of customer-initiated litigation, it is imperative for financial institutions to thoroughly understand their cash sweep account practices. Taking steps to mitigate risks and understand the cash sweep processes from a monitoring, identification, threshold setting, accrual and reporting perspective can help avoid regulatory enforcement actions and litigation.

Forensics cash sweep accounts class action matters chart

Service

Description

Litigation support

We assist with the preparation of potential damage calculations, analyses, e-discovery asset and transaction tracing exercises, and strategies required for complex litigation matters.

We support clients in presenting their position on financial matters in arbitrations, court proceedings and other dispute resolution procedures. We also have a deep roster of experienced advisors who can provide reports or consultative advice based on the specific matter.

Investigations

Companies reacting to examinations and inquiries from regulators or litigation matters often require assistance to collect evidence, conduct information seeking interviews and analyze accounting or other business records. Clients choose our integrated investigative team of forensic accountants, fraud examiners and former law enforcement professionals who work alongside data analysts and e-discovery professionals to provide comprehensive investigative support capabilities. The full-service EY investigations practice eliminates the need for multiple external advisors, reducing risk transfer and improving efficiency and cost-effectiveness.

Program enhancements

Following any investigation or litigation support, institutions may seek assistance to implement program improvements to reach their targeted future state when reacting to regulatory updates or responding to enforcement audits and actions. Clients choose EY Forensics professionals to assist in drafting or revising policies and procedures, updating control activities, developing training, modifying resource allocation, aligning systems or redesigning the program.


Summary 

With increased regulatory focus and litigation risks, financial institutions should examine their cash sweep account practices and disclosure information to mitigate regulatory inquiries, prepare for any potential litigation and prevent enforcement actions.

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