On December 17, 2020, the Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (“Robinhood Order”) against Robinhood, finding that the Respondent violated Sections 17(a)(2) and 17(a)(3) of the Securities Act, and Section 17(a) of the Exchange Act and Rule 17a-4 thereunder. The matter involves material misrepresentations and omissions by Robinhood relating to its revenue sources, specifically its receipt of payments from certain principal trading firms, also known as electronic market makers, for routing Robinhood customer orders to them, and relating to certain statements about the execution quality Robinhood achieved for its customers’ orders, and Robinhood’s failure to satisfy its duty of best execution for those orders.
The Robinhood Order required Robinhood to pay a civil money penalty of $65,000,000.00, and created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended, so the penalty could be distributed to harmed investors (the “Robinhood Fair Fund” or “Fair Fund”).