Merrill Lynch and Wells Fargo Advisors have been ordered by the Financial Industry Regulatory Authority (FINRA) to repay a total of US$3.1 million and were collectively fined US$2.2 million for selling mutual funds of floating-rate bank loans during the credit crisis.

The mutual funds sold were not suitable for Merrill Lynch and Wells Fargo Advisors clients, according to FINRA.

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Merrill Lynch will pay a US$900,000 fine and reimburse US$1.1 million in losses to 214 clients, whereas Wells Fargo Advisors will pay a fine of US$1.25 million and reimburse US$2 million in losses to 239 clients.

FINRA said broker-dealers that were predecessors of both Wells Fargo Advisors and Merrill Lynch in 2007 and 2008 also did not adequately supervise the brokers who sold the floating-rate funds.

Wells Fargo and Merrill Lynch have, reportedly, each consented to FINRA’s letter of acceptance, waiver and consent.

Floating-rate mutual funds, also known as bank loan funds, senior loan funds and leveraged-loan funds, typically invest in a portfolio of secured senior loans made to businesses with a "junk" credit rating. The funds have significant credit risks and can lack liquidity, according to FINRA.

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In May 2013, FINRA imposed the penalties after it found that three wealth management firms had not put in place proper anti-money laundering (AML) programs and systems.

Towards the end of May, FINRA said it is considering new rules to better monitor trading in dark pools, private venues that don’t post investors’ bids.