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The Institute for the Fiduciary Standard

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JPMorgan, The Dimon Principle and Fiduciary Duty

By Knut Rostad on May 25, 2012

JPMorgan CEO Jamie Dimon spoke out quickly against the hedging / betting practices that, it appears, caused the firm’s $2 billion (or more) loss over just a six week period. Dimon stated the hedge was “poorly reviewed, poorly executed, poorly monitored,” and, most importantly, irrespective of whether it violated the Volcker Rule, it most emphatically violated the “Dimon Principle,” according to Dimon himself.

What is the Dimon Principle? Does it apply to fiduciary duty? As luck would have it, we have an opportunity to see whether it does or not.

Securities investigator and former SEC staffer, Edward Siedle, recently reported in a Forbes column regarding a nonprofit client, and how JPMorgan Chase Bank applies fiduciary duty.
According to Siedle, “when asked (about fiduciary status), a representative of the bank stated that the bank was a fiduciary with respect to the client’s accounts and referred the client and me to a document entitled, Investment Accounts and Services Offered by JPMorgan Chase Bank, N.A. and Affiliated Banks.”

The meaning of the statement “the bank (is) a fiduciary…” begins to take shape in this document.

Siedle notes the JPM document language suggests fiduciary duty may not apply when JPM executes trades or sells alternative investments. Additional language lists a host of “Conflicts of Duty,” but offers no explanation of the implications of the conflicts for the investor, or opportunity to provide explicit informed consent on each conflicted transaction. Numerous circumstances are mentioned where additional fees or expenses may be levied against the client, but there is no explanation as to the amounts of fees or expenses. Further, the bank may “effect” the purchase or sales of securities for the client account “which may coincide,” coincidentally, with the purchase or sales of “the same Securities” … of “the account of Morgan affiliates.”

It appears when the bank representative said the bank was a fiduciary with “respect to the clients accounts” he or she meant only some of the accounts some of the time. The Dimon Principle is as high – or higher – a standard as the Volcker Rule. A central question for retail investors is whether what JPM suggests is its fiduciary duty rule meets the higher demands of the Dimon Principle.

Dan Moisand

 

Dan Moisand is a nationally recognized fiduciary fee-only financial planner, an Institute Real Fiduciary™ Advisor and Chair-elect of the CFP Board.

The Institute has enshrined the ‘Moisand Rule’ on fiduciary practices. It is basic and is more important today than ever: “You have to avoid conflicts. If I avoid a conflict, I don’t worry about it.”

Watch the video of Moisand speaking here.

Bob Veres

 

Bob Veres is a long term observer of financial planning. His Newsletter, “Inside information” Is a staple of leading planners. In the May edition he writes about fiduciary and the Institute.

"But a much bigger point is that the fiduciary standard—as Knut Rostad of the Institute for the Fiduciary Standard has pointed out—has been determined by the Supreme Court (1963 ruling) to be at the very heart of the Investment Advisers Act of 1940. It is the foundation of what it means to be an RIA registered with the SEC instead of a tipster or a tout."

- Bob Veres, Parting Thoughts ... The SEC's Own Compliance Culture

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