Former DOL Investigator Starts Firm Targeting 401(k) Fraud

David Donaldson’s Participant I.D. will offer providers and plan sponsors three-factor identify theft protection.


Retirement plan participants are often
prime targets for fraud perpetrated by criminals who steal participants’ identities, then their savings.

The recent MOVEit hack, which exposed more than 3 million retirement plan participants’ data, is a recent example of risk. Meanwhile, lawsuits have been brought against plan sponsors, including the Bank of New York Mellon Corp. and the Colgate-Palmolive Co., for allegedly not doing enough to protect participant data from fraud.

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David Donaldson, president of risk management firm and 3(16) fiduciary ERISA Smart, has launched a separate company offering software he says will mitigate retirement plan fraud through a three-factor authentication system. Donaldson was once a Department of Labor investigator and says the need for a safer login system for participants is essential to combatting theft.

“The majority of distributions go through very little scrutiny, and the fraudsters know it,” Donaldson says. “This is becoming a major issue that no one wants to address.”

As a 3(16) fiduciary services provider, ERISA Smart does a lot of retirement plan distribution, Donaldson says. Through that business, the firm saw the increasingly sophisticated ways that thieves were going after participant savings, including creating fake websites posing as the third-party plan administrator of a plan. In the meantime, they were also seeing less advanced methods, such as disgruntled family members trying to defraud relatives, Donaldson says.

To combat these tactics, ERISA Smart created its own system to try and prevent fraud and send an alert to a plan sponsor or provider when a distribution appeared to be suspicious. After using it for about a year, Donaldson saw the potential for a new business.

“This is something we didn’t want to just use internally, so I started a separate company so I can bring it to the industry,” he says.

Participant I.D.’s software uses facial recognition, government identification verification and an artificial intelligence-driven system to give a fraud score to a participant login. The whole process takes place “in minutes” to verify a participant’s identification, according Donaldson. For the participant, it will be a normal cell phone sign-in.

Donaldson says online accounts generally use two-factor authentication that often rely on a combination of phone messaging and email. These methods, he says, are becoming more susceptible to malware installed by criminals that can then intercept the messages and redirect participant information to the attacker.

Even voice recognition technology, which many recordkeepers use, may not work well due to the fact that more plan participants are doing all of their business digitally, not by phone, he says.

Participant I.D. is licensing its software to third-party administrators and pooled employer plan providers. The startup is also working on an enterprise solution for recordkeepers to be available in November. Pricing for the software will depend on distribution volume, Donaldson says.

“The problem [of fraud] is just getting worse and worse and worse, and nobody in the industry has taken the steps to lock this down,” he says.

Advisory M&A News – 10/2/23

DPL Financial Partners acquires AnnuityFix; Wealthspire Advisors to acquire GM Advisory Group; Carson Group adds FAI Wealth Management; and more.


DPL Financial Partners Acquires AnnuityFix

DPL Financial Partners LLC, a commission-free insurance platform for RIAs, announced it is acquiring AnnuityFix and affiliated broker/dealer Johnstone Brokerage Services LLC.

The acquisition enhances DPL’s Breakaway Accelerator program, which allows financial advisers to transition their legacy annuity business to a fee-based business model, enabling many to go completely independent. DPL appointed Grant Johnstone, founder of Center, Texas-based AnnuityFix, as chief compliance officer and chief legal officer.

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“Since launching our Breakaway Accelerator late last year, we’ve begun working with scores of breakaway teams and rollups to transition annuity books,” David Lau, DPL’s founder and CEO, said in a statement. “It’s exciting to welcome Grant and his deep experience serving the unique needs of the RIA industry and to create expanded capacity with Grant’s team and process.”

Additionally, DPL’s Breakaway Accelerator provides advisers with a process and technology to evaluate each client’s annuity holdings. Advisers can use it to determine whether it is beneficial for the client to exchange current holdings for one of the commission-free products on the DPL platform. 

Wealthspire Advisors to Acquire GM Advisory Group

Wealthspire Advisors LLC, an NFP Corp. company and independent RIA, announced a signed agreement to purchase GM Advisory Group Inc.

GMAG manages approximately $3 billion in assets, advises on an additional $3.3 billion in assets and maintains a presence in Boca Raton, Florida; New York City; and Melville, New York. Frank Marzano, the founder and managing principal of GMAG, started the firm in 2004 to serve high-net-worth individuals and families. 

“We are delighted to welcome the exceptionally talented team at GM Advisory Group to Wealthspire,” Mike LaMena, Wealthspire’s CEO, said in a statement. “I have personally known Frank Marzano for many years, and his passion for serving clients and his relentless commitment to his people are reflected in the tremendous success they have experienced over nearly two decades.”

Among its entities, Wealthspire has a national footprint with 21 locations across 12 states. With this acquisition, the firm will oversee approximately $24.4 billion in assets and add more than 40 professionals to its team.

Carson Group Adds FAI Wealth Management

Carson Group announced its latest partnership with FAI Wealth Management, an advisory firm based in Columbia, Maryland.

Founded in 1987, FAI currently manages $300 million in client assets nationwide. The team of seven will continue to be led by managing director and wealth adviser Mark Stinson.

FAI specializes in providing financial planning and investment management services for individuals, families and businesses. The partnership will rebrand FAI Wealth Management as Carson Wealth.

“Carson Group was the partner we were seeking,” said Stinson in a statement. “Throughout our due diligence process, it became clear that the firm not only shares our unwavering commitment for always putting clients first, but also our passion for being at the forefront of the wealth management profession.”

Symonds Wealth Management Joins Kestra Financial

Kestra Financial announced the addition to its network of Symonds Wealth Management, whose financial professionals oversee $1.7 billion in assets. Fort Worth, Texas-based Symonds is led by Dax Symonds.

“Dax and his team bring a practice with a strong foundation that aligns with our values,” Daniel Schwamb, executive vice president of business development at Kestra Financial, said in a statement. “We’re eager to partner with them and excited to help the business scale so they can focus on what they do best—helping clients reach their long-term financial goals.”

Symonds focuses on managing large corporate retirement plans for large organizations. The firm brings to Kestra five producers and six operations personnel.

“We found a trusted partner in Kestra Financial, as they can deliver on our technology needs and provide consulting support that will round out our ensemble practice,” said Symonds in a statement. “Financial strength and stability were also criteria we evaluated when considering prospective partners, and Kestra’s private ownership, strong foundation, and solid financial footing gave us the confidence to move forward.”

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