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In 2015, the financial industry blocked a rule requiring advisors to act in clients' best interests. Their successful argument was that it would force them to drop 8 million smaller clients, essentially admitting their business model relied on not always prioritizing client needs.

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High-revenue clients are not always high-profit. If one client consumes a disproportionate amount of time and energy (e.g., 80% of bandwidth), a business can lose money in opportunity costs. Firing them can free up resources to serve multiple, more profitable clients.

Organizations like FINRA function as a 'blocking play' by the financial industry. They create and enforce rules to self-police their members. This demonstrates that the industry can manage itself, aiming to prevent what they perceive as more disruptive and less nuanced regulation directly from government agencies.

The primary decision-makers for mass-market 401(k) plans are often HR or finance teams, not investors. To shield their companies from employee lawsuits, they have historically prioritized funds with the lowest fees, creating a massive structural barrier for higher-fee alternative investments to gain traction.

The standard percentage-based AUM fee is fundamentally misaligned with the value provided, especially when advisors simply use index funds. It persists not because of its fairness, but because fees are deducted directly and invisibly from accounts, obfuscating the true cost from the client.

When Jack Bogle proposed eliminating management company profits and running funds 'at cost,' it was a fringe idea. There was no pressure from customers, regulators, or activists. He was proposing corporate suicide for a problem only he seemed to see, highlighting how far his thinking was ahead of the industry.

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Vanguard

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The supposed "research" from Wall Street analysts was compromised by cronyism. Analysts often functioned as promoters for companies their firms held as clients, attending plush conferences to "toot client stocks." Their compensation was tied to generating banking business, not providing accurate analysis for investors.

The financial industry systematically funnels average investors into index funds not just for efficiency, but from a belief that 'mom and pop savers are considered too stupid to handle their own money.' This creates a system where the wealthy receive personalized stock advice and white-glove treatment, while smaller investors get a generic, low-effort solution that limits their potential wealth.

Venture capitalist Bill Gurley explains "regulatory capture" as a phenomenon where established companies influence regulations to their own benefit. This tactic is used not for public good, but to block new competitors, raise prices, and solidify market dominance, particularly in industries like healthcare and finance.

Regulatory capture is not an abstract problem. It has tangible negative consequences for everyday consumers, such as the elimination of free checking accounts after the Dodd-Frank Act was passed, or rules preventing physicians from opening new hospitals, which stifles competition and drives up costs.

The commission-based model created a conflict where brokers were incentivized to encourage frequent trading. One broker admitted to swapping clients between similar stocks (e.g., GM to Chrysler) to earn a fee, even when he believed the client should exit the sector entirely, highlighting the system's misaligned incentives.

The Fiduciary Rule Failed Because The Industry Admitted Serving Clients' Best Interests is Unprofitable | RiffOn