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

Chair Warsh Jackson Hole Economic Policy Symposium – August 28, 2026

Chairman Warsh's first Jackson Hole keynote titled “In Our Time”, marking his 100th day. This note separates his points already on the public record (from his June 17 and July 29 FOMC press conferences and prior Congressional testimonies) from what the speech newly...

Twenty Years of Retirement Risk Management

The Pension Protection Act turned twenty this month. The anniversary is worth marking because what the law changed was not a set of plan features but the structure of retirement security itself, taking on two of the three risks that the death of pensions had dropped...

FOMC July 29, 2026, Press Conference Q&A Summary

FOMC Discussion Vigorous discussion centered on four questions: Implications of the past five years of high inflation on the current policy conjuncture. To echo an old phrase, has the past really passed? Considered the economic shocks of recent years. Strained supply...

Quarterly Market Commentary – 2026 Q2

Topics discussed in this quarter's commentary are: Fed Chair Warsh Regime Change The Global Economy The U.S. Iran Negotiation Stock Market Resilience Index Performance The second quarter commentary offers a more in-depth discussion about the economy and investment in...

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...