The wealth management industry's $1T conflict of interest

The manipulation of cash to generate more has often carried a sketchy reputation.

Hundreds of years ago in England, the crime of "coin clipping" — shaving the edges off gold and silver currency to melt them together for sale — led to the punishment of death or branding. In the film "Superman III," the character played by Richard Pryor designs a computer program scraping leftover fractions of cents from a company's payroll into an extra check for himself. About 15 years ago, Secret Service agents caught a 22-year-old man they accused of starting tens of thousands of Charles Schwab and E-Trade accounts in order to amass $50,000 through the combined tiny sums that the brokerages inserted for verification during onboarding.

Less likely to make the news or the big screen, the brokerage industry's widespread and lucrative practice of cash sweeps has drawn extensive regulatory scrutiny and the ire of consumer advocates since it started around 2000. As long as the firms fully disclose the conflict of interest, though, there is nothing illegal about rolling up clients' uninvested cash into bank accounts that pay brokerage firms the vast majority of rising interest yields that feed the industry's bottom line more every time the Fed raises rates. 

The "sweep" refers to investors' cash assets moving back and forth from a brokerage to one or more bank accounts that never individually go above the Federal Deposit Insurance Corporation limits and remain immediately available to financial advisors and clients. The money comes from the leftover sums after trades in an account or liquid holdings in a client's portfolio. For banks and brokerages, those assets add up to a reliable source of deposits and profits.  

Some argue that the sweeps help pay for commission-free trades, boost access to capital and expand FDIC coverage of cash deposits. Others question whether advisors and their clients are aware that there is an estimated $1 trillion in brokerage cash sweeps that they could move into money markets, certificates of deposit and other higher-yielding accounts to tap into those climbing interest rates themselves.

In an effort to better understand an asset class of growing importance to investment portfolios and industry profits but rarely discussed publicly by wealth management executives with anyone besides stock analysts, Financial Planning compiled an advisor's guide to cash sweeps — how they work, the firms' explanations for their existence and the increasingly available alternatives.  

The fractions of gains received by clients, in contrast to their brokerages, stand out the most in a time of elevated interest rates that most experts expect to keep rising throughout 2023. The Securities and Exchange Commission has taken notice as part of more than a half dozen enforcement cases in the past year and a half revolving around firms' cash sweeps disclosures. Yet the Wall Street regulator has never sought to eliminate the practice from the industry.

There's "nothing nefarious" about cash sweeps, according to Josh Siegel, the founder of New York-based StoneCastle Partners, whose subsidiary, StoneCastle Cash Management, offers one of the other options for a better yield on clients' liquid assets, FICA For Advisors.    

"When you stop and think about it, lazy cash is everywhere. A lot of times, we just don't want to waste the time. There are more important things in life to do," Siegel said in an interview. "It's the customer's responsibility to be responsible. If you're fine earning zero, then I'm not going to argue with you. If you want to earn more, it's actually quite easy to earn more now."

Nearly a quarter of global high net worth clients' assets were in cash in 2022

By the numbers
The statistics show the huge stakes to clients and the industry alike from cash.

Liquid assets in general may not receive enough attention, even in times of low or zero interest rates. Americans lost more than $600 billion in yields over the past eight years on their holdings in savings and checking accounts by keeping cash with mega-bank "money center" institutions like Bank of America and Wells Fargo, The Wall Street Journal estimated in a January study. The publication came up with the figure by comparing the assets in those accounts to their values if they had been held in cash vehicles with higher yields.

Cash sweeps deal clients out of the mix for the value to be gained on those assets, as evinced by the disparity between them and money market funds or certificates of deposit. As of April 19, money-market research service Crane Data's Crane 100 Money Fund Index had reached an average annualized yield of 4.64%. Charles Schwab's money funds, for example, carried yields of up to 4.83%, and the firm's CDs offer returns of as much as 5.15%. 

In contrast, the "everyday cash" at Schwab — meaning uninvested assets in brokerage and retirement accounts — paid a rate of 0.45%. Edward Jones' sweeps give customers a rate of 1%. Other brokerages' sweeps earn a range based on the amount of cash, with the vehicles at UBS paying between .05% and 1.05% and those at Raymond James garnering between 0.25% and 3%. At UBS, it takes $5 million to get to the top rate. At Raymond James, clients need at least $10 million. At Morgan Stanley, Merrill and JPMorgan Chase, clients in the lowest tiers in cash assets get 0.01% on their cash sweeps.  

LPL Financial uses two types of sweeps, one called the Deposit Cash Account (0.35%) and another called the Insured Cash Account (0.35% to 1.40%). In its earnings for the fourth quarter, the company reported that, unlike the firm's clients, it received an average of 2.54% on the DCA sweeps and 2.91% from the ICA program. As part of the February earnings statement, the company noted that the Fed's interest rate hikes have added more than $1.29 billion to its annual gross profits, with an extra $55 million expected from each subsequent increase.

As part of its "winter business update" in January, Schwab's forecast showed that the company planned to gain about $200 million in annual revenue for each rate hike of 25 basis points while losing as much as $400 million if the rates went down by that much. For every $1 billion in bank sweep balances, the company gets roughly $45 million in annual revenue. 

That impact shifts based on the changing conditions after the Fed's moves and higher interest rates can hurt Schwab's business, too. Bond losses this year in the wake of the banking crisis have made a dent in Schwab's earnings.

Regardless, cash sweeps represent "a big issue" for client advocates, said Micah Hauptman, the director of investor protection at the Consumer Federation of America.

"Oftentimes you'll see that the broker or advisor puts the client in a very low-yielding account that makes the broker's firm or the advisor's firm more money than the reasonably available alternatives," Hauptman said. "That is a fundamental conflict of interest that harms the client."

The cash sweeps display "why, as a firm, we proactively try to keep as little in cash as possible," said advisor Catalina Franco-Cicero of Plantation, Florida-based Tobias Financial Advisors. Instead, she recommends they use higher-yield savings accounts from companies like Ally Bank or American Express for any cash assets held by clients as part of their portfolios.

Financial advisor Catalina Franco-Cicero
Catalina Franco-Cicero is a planner with Plantation, Florida-based Tobias Financial Advisors.
Graciela Valdes/Catalina Franco-Cicero

"We do understand that they need to have money in their checking account, maybe one or two months of living expenses," Franco-Cicero said. "There's no set percentage. It really depends on upcoming needs."

FP asked Schwab, LPL, Raymond James, UBS, Edward Jones and seven other big wealth management firms and custodians a series of five questions about their level of business from cash sweeps, the amount they make on the accounts and the returns clients received. Schwab was the only firm that sent on-the-record answers to all five questions.

"We make it easy for clients to manage their cash in line with their financial goals and we think investors should understand there's two kinds of cash: cash for everyday use that needs to be easily accessible; and there's savings and investment cash that should be earning higher returns," spokesman Joseph Giannone said in an emailed statement.

The sweeps, which come with protection from the FDIC above the standard $250,000 limit, are "only the starting point for cash at Schwab," since they're intended to "help clients meet their everyday cash needs," Giannone added. "From there, we proactively work with clients and encourage them to find the best fit and optimal rate for their longer-term savings and investment cash. With just a few clicks, clients can move their cash into the many high-yielding money market funds, fixed-income funds or FDIC-insured certificates of deposit we offer."

However, brokerages are "absolutely addicted and dependent on those flows" into cash sweep accounts, and "right now, the hottest game in town is cash harvesting," said Tim Welsh, the CEO of industry consulting firm Nexus Strategy. Like many experts, he attributed the rise of cash sweeps to vanishing trade commissions and fee compression in asset management.

"Cash should be simple, but, guess what, it's extremely complex, and it's also the root of all the money and profits for these broker-dealers because they've moved everything to free," he said.

Competitors to the brokerage firms and analysts covering them say that cash will only get more important as the year goes on. Even with many investors moving into higher-yield vehicles, there's still "a big, big chunk of cash sitting in people's bank accounts," said Ravi Kumar, the head of First Citizens Bank's CIT Bank, which had $16.5 billion in deposits at the end of 2022.

The industry's revenue from cash sweeps will be "incrementally positive versus last year," said Bain Rumohr, the senior director of financial institutions at Fitch Ratings. "The spread revenue or the margins that these generate in 2023 likely will be stronger than in 2022."

Following the January interview and the banking crisis last month, Rumohr's forecast has shifted to the point that he said that the business from cash sweeps could ultimately lag below last year based on investors' moves into higher-yielding money market funds in 2023.

In an "issuer in-depth" report from February on Schwab, Raymond James, LPL and Oppenheimer & Company, Moody's Investor Services analyst Gabriel Hack wrote that the firms' profits tied to interest rates will keep growing for at least the first half of the year. 

Rate hikes generated "significant additional revenue for the four firms over the last two quarters," from a business line that "typically has no associated operating expense, meaning that the bulk of benefits will boost bottom-line profitability and expand profit margins," Hack wrote.   

"Interest revenue accretes substantially to the firms' bottom line because of the general rate-insensitivity of clients' transactional cash balances and the exclusion of net interest revenue from most advisor payout calculations," he added. "This supported the strong pretax margins for all firms during the [fourth] quarter. However, periods of higher interest rates can lead to outflows of client cash balances into higher yielding alternatives, reducing the magnitude of this benefit as the interest rate cycle deepens." 

How it works
Like much of wealth management, the business depends on the participation of multiple parties that have been subject to consolidation in recent years. Cash sweeps emerged out of the combination of brokerages seeking new sources of revenue and FDIC insurance for customers and banks looking for deposit assets, with technology firms in the middle to distribute the cash across many different institutions while paying back the yield generated on the holdings. 

The brokerages can pass those yields on to clients at any rate, and they pay the technology firm an administrative fee for the sweeps. The banks get deposits on their balance sheets, which in turn allows them to extend more loans and other capital to their customers for a healthy spread return. Brokerages, such as the wirehouses, Raymond James and Ameriprise can generate even higher profits by using the banks operating under their own companies' umbrellas.

Two of the largest technology firms providing cash sweep services to brokerages, IntraFi and R&T Deposit Solutions, explain the service clearly on their respective websites.

"With IntraFi Sweep, your firm can: significantly increase profit margins over those earned from short-term investment accounts, like money-market mutual funds; control the margin earned from the service; tier the rate offered to various customer segments, if desired; fund affiliate banks, if desired or applicable — and switch back and forth between placing funds with affiliated and unaffiliated banks based on the affiliated bank's liquidity needs."

IntraFi, which declined interview requests for this story, rebranded in 2020 from its prior name of Promontory Interfinancial Network. Its CEO, Mark Jacobsen, once had been chief of staff at the FDIC and the Office of the Comptroller of Currency. 

Out of a deposit network spanning 3,000 member banks, 95% of the institutions are community banks using the money to extend more capital in their areas, FP sister publication American Banker reported in 2020. At least 72% of community development financial institutions and two-thirds of minority depository institutions are members of IntraFi's network as well.   

A pair of the biggest competitors to IntraFi, Reich & Tang Deposit Networks and Total Bank Solutions, combined into R&T Deposit Solutions last June under an acquisition by Reich & Tang and its private equity backer, Estancia Capital Partners, as well as institutional co-investors. 

The combined firm's sweep programs have reached more than $200 billion in assets under administration in a network of 100 wealth management firms as clients and 350 banks and other institutions, according to Kevin Bannerton, R&T's head of wealth management. 

In an interview, Bannerton described the setup as "seamless and smooth for both sides," with banks picking up the deposits and brokerages able to offer their clients up to $50 million in FDIC-insured deposits by spreading the assets across multiple institutions. 

"Cash as an asset class is more nuanced than some people think about it. … There are tradeoffs, even with something as conservative as cash," Bannerton said. "In many cases, the sweep function meets a convenience and operating need as opposed to an investment need."

Bannerton and Siegel of StoneCastle each noted that the brokerage cash sweep business now represents a market of $1 trillion in assets across the industry. Siegel's firm spun off its cash sweep business in January, when it sold a company called StoneCastle Insured Sweep, which operated under the name interLink, to Webster Bank. 

The parties didn't disclose the financial terms, but interLink had a "platform administering over $9 billion of deposits from FDIC-insured cash sweep programs between banks and broker-dealers and clearing firms," according to a press release announcing the deal. 

"They bought it as a deposit acquisition strategy," Siegel said. "They now have an engine to go find billions and billions of deposits."

How we got here
Experts credit Merrill as the first firm to launch cash sweeps in 2000, according to separate respective news reports a few years later in the Los Angeles Times and The Wall Street Journal. A person familiar with the matter told the latter publication that Merrill had, in part, copied an earlier Schwab program steering cash to its own interest-bearing accounts instead of to money market funds.    

Customer demands for lower commissions and other fees led the industry to the idea for cash sweeps, according to Peter Crane, whose company, Crane Data, tracks money fund yields and publishes a periodical called Money Market Intelligence. Investors also became "desensitized to rates" after low or nonexistent yields for the past 14 out of 17 years, Crane said in an interview, calling cash sweeps a "major contributor to brokerages' profits" today.

"It's not like they're holding clients hostage," Crane said. "Anyone with a brokerage account who doesn't know how to buy another mutual fund or stock is in the wrong place."

Welsh, the industry consultant, started his career with Merrill's Private Client Group in 1994 when stock trades cost $600 each, he recalled in an interview. During his tenure, the wirehouse began charging clients $100 for new "cash management accounts" to sweep the liquid assets into money market funds that also enabled users to write checks from the accounts, Welsh said. 

The accounts would eventually blossom into some $300 million in revenue when 3 million clients signed up, helped along by a production contest named "The Masters" after the golf tournament and awarding 10 points to a broker for every new cash management account.

"That was really the first time they had taken a brokerage account and added checking to it," Welsh said. "It was revolutionary at the time."

In the current time of low expense ratios and zero-fee trades, even some critics of cash sweeps have altered their approach. When Bill Hamm of Tampa, Florida-based Independent Financial Partners left LPL Financial to launch the firm's own brokerage in 2019, his team capped the firm's yield on cash sweeps at no more than 30 basis points, with the rest going to its clients.

Hamm had always "had an issue" with brokerages taking most of the yield for themselves, he said in an interview. He has since pushed that limit up by as much as 20 basis points in search of a "happy medium" in the yields to the firm and its clients. 

"There is a need for that revenue into the firm. It's a matter of degree," Hamm said. "It's never going to be a perfect system, but you just try to make it make sense for everyone, because if we're not in business we're not doing anybody any good."

Assets in money market funds topped $5.22 trillion in 2022

The alternatives
Advisors and their clients can choose among an array of methods to secure the higher yields available to them, according to Bruce Bent II, the CEO of Landing Rock Cash Management and the son of the co-inventor of the money market fund. Bent argues that some advisors avoid discussing clients' cash assets with them out of embarrassment about the disparity in yields.  

"The last thing an advisor wants is to feel afraid to talk to their customer because they know that the rate on the cash is underperforming," Bent said. "They know if they have bad news, they don't want to talk to the client."

Besides his firm, advisors could explore their options among such competitors for the assets including Ally Bank, Synchrony, Marcus by Goldman Sachs, MaxMyInterest, CIT Bank, FICA for Advisors and Flourish Cash.

As of this month, Flourish Cash was paying 4.40% on the first $500,000 of an individual account and up to $1 million for a joint one, with a 4% rate on cash holdings above those levels. Flourish, an RIA technology firm owned by MassMutual, has been offering cash management services to the industry for five years, President Ben Cruikshank said in an interview.

He views cash sweeps as "a tremendous opportunity" for advisors because "there are people who just have far too much money sitting in those accounts," he said. Brokerages are also navigating how to respond to being told by clients that "we don't want to pay for anything," Cruikshank noted. 

"You've got to make your money somewhere," he said. "The unfortunate thing is, it's a penalty on the people who don't pay attention. It is not a level playing field by any means."

If you're fine earning zero, then I'm not going to argue with you. If you want to earn more, it's actually quite easy to earn more now
Josh Siegel, founder of New York-based StoneCastle Partners

SEC actions and the outlook ahead
Representatives for the SEC declined a request for an interview or comment, although Wall Street's regulator has been speaking through guidance and enforcement actions.

In a warning to the industry last August about the rules governing conflicted recommendations under the SEC's three-year-old Regulation Best Interest, the agency referred to cash sweep programs twice. The guidance named it as an example of a conflict of interest in the industry alongside practices such as commissions, markups, revenue sharing and payment for order flow. Brokerages and registered investment advisory firms must disclose any compensation they receive on the basis of their cash sweep programs, according to the SEC.

With at least seven enforcement actions since December 2021, the SEC ordered combined restitution, penalties and interest payments of more than $24 million from wealth management firms the regulator accused of failing to disclose the conflict adequately. 

In the latest significant settlement from earlier this year, the SEC found that Boston-based Moors & Cabot had told clients the sweeps "may be significantly more profitable" to the firm and that it "may choose" to offer cash accounts "that are more profitable to us than other money market mutual funds or bank deposit accounts," according to the charging document.    

"Moors & Cabot did not fully and fairly disclose to advisory clients with discretionary nontaxable accounts that, by default, all of their uninvested cash would be placed in the cash sweep option that was consistently least profitable to clients and most profitable to Moors & Cabot, rather than in other available options that were consistently more profitable to clients and less profitable to Moors & Cabot," the document said.

The case charged the firm with breaching its fiduciary duty to put its clients' interests first by failing to properly explain the conflict. Moors & Cabot settled the case, which also involved disclosures about margin loans and postage and handling fees, for $1.9 million. The regulator stopped short, though, of calling on the firm or the industry to eliminate the conflict completely. 

Micah Hauptman
Micah Hauptman is the director of investor protection at the Consumer Federation of America.
Consumer Federation of America

That's troubling to investor advocates, who have been criticizing cash sweeps for nearly as long as they've existed. In 2005, Hauptman's predecessor at the Consumer Federation, Barbara Roper, told the L.A. Times that sweeps were "just one more in a long list of things firms do that doesn't put investor interests first." Roper is now a senior advisor to SEC Chair Gary Gensler.

Hauptman praised the SEC enforcement cases but said he would like to see the SEC take a broader approach to cash management. At the very least, firms should make "a colorable argument as to why they put the investor in the product that doesn't perform as well as a reasonably available alternative," he said.

"Firms need to make money, they're for-profit entities," Hauptman said. "I would much rather see them charge in more transparent, express and direct ways and then add values on top of that, rather than doing it in indirect and opaque ways where its very difficult to decipher how they're charging and what incentives those revenue-generating actions are creating, because those could come to the detriment of the investor."

The larger regulatory implications remain outside of advisors' control, though. Their clients' cash holdings are another matter, especially in a time of rising interest rates amid concerns about a recession in the economy.

"Cash, on multiple fronts, is getting more important by the day as the yields get higher and as other markets show more vulnerability or volatility," Crane said.

Advisors should not underestimate cash, according to Bent. 

"It's a great way to consolidate the relationship with the customer," he said. If the client's cash holdings are only in sweeps under an advisor, "I guarantee that your customer has a bank account somewhere," Bent added. "How much is in it? You don't know."

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