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Business Crimes Hotline

MASSACHUSETTS

Financial Services Executives Indicted

On April 5, a grand jury indicted two former executives at State Street Corp., the Boston-based financial services firm, with defrauding clients of millions of dollars on secret commissions applied to securities trades. Ross McLellan, a former head of the bank's U.S. broker-dealer unit, and Edward Pennings, a former senior managing director, were charged with securities fraud, wire fraud, and conspiracy.

According to the indictment, McLellan and Pennings conspired from February 2010 to September 2011 to charge hidden commission on fixed income and equity trades for six clients, and conceal the commissions.

The clients' agreements with the bank called for agreed-upon fixed fees for managing the money, with no commissions charged per trade. McLellan and Pennings allegedly concealed the fraudulent commissions by lumping them together in the post-trade reports provided to the clients. When one client asked if it had been charged a commission, McLellan and Pennings initially denied that the client had been charged, and later claimed that it had been “inadvertent” and limited to certain trades. McLellan and Pennings also allegedly misled the bank's own compliance staff about the commissions.

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