Sept. 4 (Bloomberg) — F-Squared Investments Inc., one of the largest managers of investment products built using exchange-traded funds, said U.S. regulators were considering a civil action against the firm over performance claims made in the firm's advertising materials.

The firm, which oversees $27.7 billion, received a Wells notice from the Securities and Exchange Commission on Aug. 13 informing it that SEC staff recommends an action, the Wellesley, Massachusetts-based firm said in a filing submitted Aug. 29.

F-Squared, whose assets have grown from about $3 billion in 2011, had told clients in October it was under investigation by the SEC over its advertised performance records from April 2001 through September 2008, which the regulator later found contained errors and weren't based on actual client assets. F- Squared is among the most prominent firms in a fast-growing investing niche, specializing in actively managed accounts that use ETFs instead of single stocks or bonds as their holdings.

"F-Squared has taken significant steps in recent years to improve its controls to ensure that these sorts of problems will not recur," the company said in a statement today. The performance claims in question were removed from all marketing materials in October.

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

  • Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.