Item 5 Performance Based Fee Description ....................................................................................................... 22
Item 6 Supervision ........................................................................................................................................................ 22
Brochure Supplement (Part 2B of Form ADV) .......................................................................... 24
Trevor P. Scotto, CPA, CFP®, CEPA® ....................................................................................................................... 24
Item 2 Educational Background and Business Experience .......................................................................... 24
Professional Certifications ......................................................................................................................................... 24
Item 3 Disciplinary Information .............................................................................................................................. 26
Item 5 Performance Based Fee Description ....................................................................................................... 26
Item 6 Supervision ........................................................................................................................................................ 26
Brochure Supplement (Part 2B of Form ADV) .......................................................................... 28
Thomas “Tom” Vogelheim, CPA, JD ........................................................................................................................ 28
Item 2 Educational Background and Business Experience .......................................................................... 28
Professional Certifications ......................................................................................................................................... 28
Item 3 Disciplinary Information .............................................................................................................................. 29
Item 5 Performance Based Fee Description ....................................................................................................... 29
Item 6 Supervision ........................................................................................................................................................ 29
Firm Description
Fiduciary Financial Group, LLC (“Fiduciary Financial Group”) was founded in 2016.
Richard Lloyd Davey is 36.75% owner, Trevor Scotto is 36.75% owner, Cooper &
Vogelheim LLP is 25% owner and Victor Torres is 1.5% owner.
Fiduciary Financial Group is a fee-based financial planning and investment advisory firm.
The firm does not sell annuities, insurance, stocks, bonds, mutual funds, limited
partnerships, or other commissioned products.
Fiduciary Financial Group does not act as a custodian of client assets. The client always
maintains asset control.
An evaluation of each client's initial situation is provided to the client, often in the form of
a net worth statement, risk analysis or a similar document. Periodic reviews are also
communicated to provide reminders of the specific courses of action that need to be
taken. More frequent reviews occur but are not necessarily communicated to the client
unless immediate changes are recommended.
Other professionals (e.g., lawyers, accountants, insurance agents, etc.) are engaged
directly by the client on an as-needed basis.
Types of Advisory Services
ASSET MANAGEMENT
Fiduciary Financial Group offers discretionary direct asset management services to
advisory clients. Fiduciary Financial Group will offer clients ongoing portfolio
management services through determining individual investment goals, time horizons,
objectives, and risk tolerance. Investment strategies, investment selection, asset
allocation, portfolio monitoring and the overall investment program will be based on the
above factors. The client will authorize Fiduciary Financial Group discretionary authority
to execute selected investment program transactions as stated within the Investment
Advisory Agreement.
Model Program
Fiduciary Financial Group’s Model Program will consist of portfolios that vary in
level of risk. All of the portfolios will be invested in ETFs, Mutual Funds, individual
stocks and closed end funds.
Individual Account Program
Fiduciary Financial Group’s Individual Account Program may include investments
such as: individual stocks, mutual funds, ETFs, and utilization of covered call
contracts.
Fiduciary Financial Group will not advise or solicit clients to invest in digital assets. Upon
the explicit request of the Client, Fiduciary Financial Group may invest in GBTC or ETHE
for clients for a maximum of 1-2% of the total portfolio value.
Asset Management services also include Ongoing Financial Planning services as disclosed
below.
Fiduciary Financial Group will offer tax planning and tax return preparation services to
asset management clients. If the client chooses to engage us for tax preparation services,
they will enter into a separate agreement. An additional fee may be assessed depending
on complexity of the tax situation and client asset level. If an additional fee is to be
assessed, it will be communicated to the client in advance to it being incurred.
When deemed appropriate for the Client, Fiduciary Financial Group may hire Sub-
Advisors to manage all or a portion of the assets in the Client account. Fiduciary Financial
Group has full discretion to hire and fire Sub-Advisors as they deem suitable. Sub-
Advisors will maintain the models or investment strategies agreed upon between Sub-
Advisor and Fiduciary Financial Group. Sub-Advisors execute trades on behalf of
Fiduciary Financial Group in Client accounts. Fiduciary Financial Group will be
responsible for the overall direct relationship with the Client. Fiduciary Financial Group
retains the authority to terminate the Sub-Advisor relationship at Fiduciary Financial
Group’s discretion.
PRIVATE PLACEMENTS
Fiduciary Financial Group may provide investment advice and due diligence about certain
privately issued securities for those Clients who represent they are accredited investors
or who otherwise meet certain investor standards. (To qualify as an accredited investor,
you must have a net worth, not including your primary residence of at least $1 million; or
have an income exceeding $200,000 in each of the two most recent years or joint income
with a spouse exceeding $300,000 for those years and a reasonable expectation of the
same income level in the current year.) Fiduciary Financial Group will meet with the
Client as agreed upon per the client agreement.
The fees for these services will be based on a percentage of the value of the investments
detailed in Item 5 of this brochure.
FINANCIAL PLANNING
Fiduciary Financial Group provides financial planning both as an ongoing service and as a
one-time service.
ONGOING FINANCIAL PLANNING SERVICES
Ongoing Financial Planning services are included for all Asset Management Clients and
also offered as a stand-alone service. Services may include but are not limited to
discussion and analysis of all applicable topics including; potential and current
investments, beneficiary designations on client's assets, review and selection of
appropriate tax-advantaged retirement plans, retirement income projections, social
security elections, education planning, employee benefits, tax planning, insurance
planning, business consultative services, and/or transaction planning/consulting.
Services will be detailed in the Scope of Services section in the agreement. The client is
under no obligation to act upon the investment advisor’s recommendations. If the client
elects to act on any of the recommendations, the client is under no obligation to effect
transactions through Advisor.
ONE-TIME FINANCIAL PLANNING
If financial planning services are applicable, the client will compensate Fiduciary Financial
Group on an hourly basis described in detail under “Fees and Compensation” section of
this brochure. Services include but are not limited to a thorough review of all applicable
topics including Beneficiary Designation, Investments,
Tax Planning, Qualified Plans,
Retirement Income, Social Security, College Planning, Employee Benefits, Private
Placement Due Diligence, Private Placement Suitability, Private Placement Risk Review,
and Insurance. The client is under no obligation to act upon the investment advisor’s
recommendation. If the client elects to act on any of the recommendations, the client is
under no obligation to effect the transaction through Fiduciary Financial Group. FFG will
attempt to complete and deliver all financial plans inside of six (6) months assuming all
client documents have been delivered and FFG has been successful in scheduling a client
delivery meeting (the most common source of delay outside 6 months). Clients may
terminate advisory services with thirty (30) days written notice.
Financial Consulting will be provided on an hourly basis as described in Item 5. Financial
Consulting will be a review of the client’s financial concerns, pertaining to the above-
mentioned items for financial planning. These services will either take place over the
phone, through email communication, or in person meetings.
ERISA PLAN SERVICES
Fiduciary Financial Group provides service to qualified and non-qualified retirement
plans including 401(k) plans, 403(b) plans, pension and profit-sharing plans, cash balance
plans, and deferred compensation plans. Fiduciary Financial Group may act as either a
3(21) or 3(38) advisor:
Limited Scope ERISA 3(21) Fiduciary. Fiduciary Financial Group typically acts as a
limited scope ERISA 3(21) fiduciary that can advise, help and assist plan sponsors with
their investment decisions on a non-discretionary basis. As an investment advisor,
Fiduciary Financial Group has a fiduciary duty to act in the best interest of the client. The
plan sponsor is still ultimately responsible for the decisions made in their plan, though
using Fiduciary Financial Group can help the plan sponsor delegate liability by following a
diligent process.
1. Fiduciary Services are:
Provide non-discretionary investment advice to the Client about asset classes
and investment alternatives available for the Plan in accordance with the Plan’s
investment policies and objectives. Client will make the final decision regarding
the initial selection, retention, removal and addition of investment options.
Assist the Client in the development of an investment policy statement (“IPS”).
The IPS establishes the investment policies and objectives for the Plan. Client
shall have the ultimate responsibility and authority to establish such policies and
objectives and to adopt and amend the IPS.
Provide non-discretionary investment advice to the Plan Sponsor with respect to
the selection of a qualified default investment alternative for participants who
are automatically enrolled in the Plan or who have otherwise failed to make
investment elections. The Client retains the sole responsibility to provide all
notices to the Plan participants required under ERISA Section 404(c) (5) and
404(a)-5.
Meet with Client on a periodic basis to discuss the reports and the
investment recommendations.
Assist in monitoring investment options by preparing periodic investment
reports that document investment performance, consistency of fund
management and conformance to the guidelines set forth in the IPS and make
recommendations to maintain, remove or replace investment options.
2. Non-fiduciary Services are:
Assist in the education of Plan participants about general investment
information and the investment alternatives available to them under the Plan.
Client understands the Fiduciary Financial Group’s assistance in education of the
Plan participants shall be consistent with and within the scope of the
Department of Labor’s definition of investment education (Department of Labor
Interpretive Bulletin 96-1). As such, Fiduciary Financial Group is not providing
fiduciary advice as defined by ERISA 3(21)(A)(ii) to the Plan participants.
Fiduciary Financial Group will not provide investment advice concerning the
prudence of any investment option or combination of investment options for a
particular participant or beneficiary under the Plan.
Assist in the group enrollment meetings designed to increase retirement plan
participation among the employees and investment and financial understanding
by the employees.
Fiduciary Financial Group may provide these services or, alternatively, may arrange for
the Plan’s other providers to offer these services, as agreed upon between Fiduciary
Financial Group and Client.
3. Fiduciary Financial Group has no responsibility to provide services related to the
following types of assets (“Excluded Assets”):
1. Employer securities;
2. Real estate (except for real estate funds or publicly traded REITs);
3. Stock brokerage accounts or mutual fund windows;
4. Participant loans;
5. Non-publicly traded partnership interests;
6. Other non-publicly traded securities or property (other than collective trusts
and similar vehicles); or
7. Other hard-to-value or illiquid securities or property.
Excluded Assets will not be included in calculation of Fees paid to the Fiduciary Financial
Group under this Agreement.
Specific services will be outlined in detail to each plan in the 408(b)2 disclosure.
3(38) Investment Manager. Fiduciary Financial Group can also act as an ERISA 3(38)
Investment Manager in which it has discretionary management and control of a given
retirement plan’s assets. Fiduciary Financial Group would then become solely responsible
and liable for the selection, monitoring and replacement of the plan’s investment options.
1. Fiduciary Services are:
Fiduciary Financial Group has discretionary authority and will make the final
decision regarding the initial selection, retention, removal and addition of
investment options in accordance with the Plan’s investment policies and
objectives.
Assist the Client with the selection of a broad range of investment options
consistent with ERISA Section 404(c) and the regulations thereunder.
Provide discretionary investment advice to the Client with respect to the
selection of a qualified default investment alternative for participants who are
automatically enrolled in the Plan or who have otherwise failed to make
investment elections. The Client retains the sole responsibility to provide all
notices to the Plan participants required under ERISA Section 404(c) (5).
2. Non-fiduciary Services are:
Assist in the education of Plan participants about general investment
information and the investment alternatives available to them under the Plan.
Client understands the Fiduciary Financial Group’s assistance in education of the
Plan participants shall be consistent with and within the scope of the
Department of Labor’s definition of investment education (Department of Labor
Interpretive Bulletin 96-1). As such, Fiduciary Financial Group is not providing
fiduciary advice as defined by ERISA to the Plan participants. Fiduciary Financial
Group will not provide investment advice concerning the prudence of any
investment option or combination of investment options for a particular
participant or beneficiary under the Plan.
Assist in the group enrollment meetings designed to increase retirement plan
participation among the employees and investment and financial understanding
by the employees.
Fiduciary Financial Group may provide these services or, alternatively, may arrange for
the Plan’s other providers to offer these services, as agreed upon between Fiduciary
Financial Group and Client.
3. Fiduciary Financial Group has no responsibility to provide services related to the
following types of assets (“Excluded Assets”):
a. Employer securities;
b. Real estate (except for real estate funds or publicly traded REITs);
c. Stock brokerage accounts or mutual fund windows;
d. Participant loans;
e. Non-publicly traded partnership interests;
f. Other non-publicly traded securities or property (other than collective trusts
and similar vehicles); or
g. Other hard-to-value or illiquid securities or property.
Excluded Assets will not be included in calculation of Fees paid to Fiduciary Financial
Group under the ERISA Agreement.
SEMINARS
Fiduciary Financial Group may hold seminars to educate the public on different types of
investments and the different services they offer. The seminars are educational in nature
and no specific investment or tax advice is given. Fiduciary Financial Group does not
charge a fee for attendance to these seminars.
Client Tailored Services and Client Imposed Restrictions
The goals and objectives for each client are documented in our client files. Investment
strategies are created that reflect the stated goals and objectives. Clients may impose
restrictions on investing in certain securities or types of securities. Agreements may not
be assigned without written client consent.
Wrap Fee Programs
Fiduciary Financial Group does not sponsor any wrap fee programs.
Client Assets Under Management
Fiduciary Financial Group has the following assets under management:
Discretionary Amounts: Non-discretionary Amounts: Date Calculated:
$483,057,613 $2,344,286 July 6, 2023