According to FINRA, The Windmill Group, Inc. was censured, fined $12,500, and ordered to pay restitution of $8,375.37 plus interest to customers for charging excessive commissions on equity transactions. The firm, acting through one of its owners who is also a registered representative, charged a total of $8,375 in excessive commissions to two customers who were spouses.
The commissions were not fair and reasonable given that the trades involved highly liquid stocks and exceeded five percent. While customers were informed of commissions after the trades, they were not disclosed in advance, preventing customers from making informed decisions about whether to proceed. The firm also failed to maintain adequate supervisory systems for discretionary trading and fair commission practices.
The case revealed that the firm permitted discretionary trading in customer accounts despite its written procedures prohibiting such activity. The firm's supervisory procedures failed to describe how daily reviews of executed transactions should be conducted, what factors determine fair commissions, or how reviews should be documented. These supervisory gaps allowed the excessive charges to continue undetected.
Investors should always understand the costs associated with their trades before executing them. Commissions exceeding five percent on liquid stocks are rarely justified and can significantly erode investment returns. This case demonstrates the importance of reviewing all trade confirmations carefully and questioning any charges that seem excessive. Working with firms that have clear, disclosed fee structures and robust supervisory systems helps protect investors from unfair practices.