After almost a decade of fighting, the SEC and Ray Lucia finally settle

After almost a decade of fighting, the SEC and Ray Lucia finally settle
The 'Buckets of Money' adviser can apply to work in the securities industry again
JUN 18, 2020

After eight years of litigation, which went all the way to the Supreme Court, the Securities and Exchange Commission earlier this week said it had reached a settlement with veteran financial adviser Raymond Lucia, who rose to national prominence on his radio show and in books touting an investment strategy known as "Buckets of Money."

Announced Tuesday, the settlement bars Lucia from the securities industry but allows him to immediately reapply if he chooses; it also includes a fine of $25,000, most likely a small amount compared to the legal fees that Lucia has incurred in his fight with the SEC, which dates back to 2012.

As part of the settlement, Lucia and his firm, Raymond Jay Lucia Companies Inc., neither admit nor deny the findings in the order.

Lucia had earlier been fined $300,000 by an SEC judge and barred from working as an investment adviser.

"Lucia waged a long, contentious battle, refusing to bow to an agency with unlimited resources unwilling to admit that its prosecution efforts had become wholly disproportionate to the alleged infraction," according to a statement from his attorneys.

In 2018, the Supreme Court's decision in Lucia's favor curbed SEC administrative law judges, and ruled that the 69-year-old adviser was entitled to a new hearing.

Lucia used to wow audiences with presentations showing how his investment strategy would have protected nest eggs in the booms and busts of the 1960s and ’70s, as Bloomberg news reported at the time. The SEC in its 2012 complaint said he used fake data to mislead investors.

Those presentations were at the heart of the SEC's claim.

Lucia's presentations to investors included slides that claimed to show so-called back tests of how the strategy would have performed through a series of historical market conditions, according to the SEC.

The self-described back tests were presented as empirical proof that the Buckets of Money strategy provided income for life and growth of principal under difficult market conditions, the SEC alleged.

Lucia's presentation of the back tests omitted material information about the effects of certain assumptions, and failed to disclose that they did not follow the strategy's periodic asset reallocation and that one back test had no support for the numbers presented as the results, according to the SEC.

Latest News

Carson, Lido strengthen RIA networks with bicoastal deals
Carson, Lido strengthen RIA networks with bicoastal deals

Carson is expanding one of its relationships in Florida while Lido Advisors adds an $870 million practice in Silicon Valley.

Goldman gets shareholder backing on $80M executive bonus packages
Goldman gets shareholder backing on $80M executive bonus packages

The approval of the pay proposal, which handsomely compensates its CEO and president, bolsters claims that big payouts are a must in the war to retain leadership.

Integrated Partners, Kestra welcome multigenerational advisor teams
Integrated Partners, Kestra welcome multigenerational advisor teams

Integrated Partners is adding a husband-wife tandem to its network in Missouri as Kestra onboards a father-son advisor duo from UBS.

Trump not planning to fire Powell, market tension eases
Trump not planning to fire Powell, market tension eases

Futures indicate stocks will build on Tuesday's rally.

From stocks and economy to their own finances, consumers are getting gloomier
From stocks and economy to their own finances, consumers are getting gloomier

Cost of living still tops concerns about negative impacts on personal finances

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.