The West Virginia Securities Commission's Authority
West Virginia Attorney General Patrick Morrisey and the West Virginia Securities Commission have authority under the West Virginia Uniform Securities Act (W. Va. Code §32-1-101 et seq.) to investigate broker-dealer conflicts.
The Harm Requiring Regulatory Response
West Virginia's coal and energy workers hold significant retirement savings — many through employer-sponsored plans and discount brokers all subject to PFOF. The state's retail investor population has limited access to financial advocacy.
What State Regulators Should Do
The West Virginia Securities Commission, in coordination with the West Virginia Attorney General's office, should:
- Open an investigation into whether broker-dealers serving West Virginia residents are meeting best execution obligations under state securities law
- Issue a formal inquiry to major PFOF-dependent brokers about their routing arrangements with Citadel Securities and the execution quality they achieve for West Virginia residents
- Contact NASAA to explore multistate coordination
- Issue investor education guidance about PFOF practices and how West Virginia investors can protect themselves
- Consider rulemaking under state securities law to require enhanced disclosure of PFOF arrangements affecting West Virginia retail investors
Contacting the West Virginia Securities Commission
West Virginia investors and advocates can contact the West Virginia Securities Commission at https://wvsecurities.gov to report concerns and request regulatory action on PFOF practices affecting West Virginia residents.