Philip Chao’s New Book: From Save to Safe is available now! Learn more.

SEC vs Empower Managed Account

Aug 29, 2025

On August 29, 2025, the Securities and Exchange Commission (SEC) accepted Empower’s offer to settle the cease-and-desist proceedings.  The SEC ordered that:

  • Empower “cease and desist” for committing or causing any violations and any future violations of Section 206(2) of Section 206 of the Investment Advisers Act is the anti-fraud provision that prohibits investment advisers from engaging in deceptive practices and requires advisers to obtain client consent for certain transactions. Under section 206(2), prohibits advisers “to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client”
  • Empower Financial Services cease and desist from committing or causing any violations and any future violations of Rule 15l-1(a)(1) promulgated under the Exchange Act. More specifically, Rule 15l-1(a)(1) mandates that broker-dealers act in the best interest of retail customers when making recommendations regarding securities transactions or investment strategies. This rule is a part of the Regulation Best Interest[1] which was passed on June 5, 2019.
  • Empower Financial is censured.
  • Empower Financial shall pay disgorgement, prejudgment interest, and civil monetary penalties totaling $5,989,969.94 as follows:
    • Empower Advisory shall pay disgorgement of $4,063,569.80, prejudgment interest of $426,400.14, and a civil monetary penalty in the amount of $750,000, consistent with the provisions of this Subsection.
    • Empower Financial Services shall pay a civil monetary penalty in the amount of $750,000, consistent with the provisions of this Subsection D.

[1] Regulation Best Interest (Reg BI): The SEC’s Rule for Broker-Dealers Congressional Research Service

Here is our full write-up on this case.

Recent Insights

FOMC June 17, 2026, Press Release – What has changed?

Summary: Kevin Walsh presided over his first Federal Open Market Committee meeting as the Chairman, succeeding the immediate pass chairman, Jerome Powell, who remains as a governor on the Committee. At Chair Walsh’s April 21, 2026, Senate Banking Committee...

FOMC June 17, 2026, Press Conference Q&A Summary

New Chairmanship & New Initiatives At any institution, a change in leadership is a natural and timely opportunity to reaffirm its mission, to review current practices, and to consider whether those practices best meet our objectives. The Committee will be working...

Comments to PlanSponsor Panel on Personalization with Caution

Retirement Industry Eyes QDIA Personalization–With Caution[i] On June 3, 2026, PlanSponsor published an article summarizing the "QDIA Evolution" session at the 2026 PLANSPONSOR National Conference in Nashville, Tennessee. Panelists Brian Miller (Vanguard), John Doyle...

Rebuttal to Great Gray Article on Personalization

What Advisors Need to Know About Personalized Target Date Funds https://www.napa-net.org/news/2026/5/what-advisors-need-to-know-about-personalized-target-date-funds/ Philip Chao Founder and CIO Nexus338 Creator of iGPS, a personalized target date solution for defined...

2026 Q1 Commentary

Topics discussed in this quarter's commentary are: The Iran War Dimming of the Liberal World Order The Tariff Chaos The K-Shaped Economy AI-Labor Displacement Ballooning Deficit Conclusions & Expectations The first quarter commentary offers a more in-depth...