Brokerage Firm Review: Morgan Stanley

Morgan Stanley & Co. (“Morgan Stanley”) (CRD# 8209) has many different complaints filed by FINRA (Financial Industry Regulatory Authority), state regulatory organizations, and investors such as yourself. At the Law Offices of Robert Wayne Pearce, we have investigated Morgan Stanley, its regulatory and customer complaints, and have also represented investors with claims of fraud, negligence, and breach of fiduciary duty against this organization and its financial advisors.

If you believe you have a claim against Morgan Stanley, you should strongly consider hiring an investment fraud lawyer . You should not wait until it’s too late to file a claim. The Law Offices of Robert Wayne Pearce, P.A. , offers free consultations. Give us a call at 800-732-2889 . Let’s discuss your case and see what we can do to help you get the compensation you need and deserve.

Can I Sue Morgan Stanley?

If you’ve lost money caused by Morgan Stanley and/or its employees’ misconduct then the answer is, YES, you can sue Morgan Stanley but the odds are you signed away your right to sue in court and agreed to resolve your dispute in a FINRA arbitration proceeding. Attorney Robert Wayne Pearce has over 45 years of personal experience in FINRA arbitration proceedings and knows very well how you can not only sue Morgan Stanley in FINRA arbitration proceedings, but WIN that arbitration. The easiest way to know if you have a viable case against Morgan Stanley is to call Attorney Pearce at our office at 800-732-2889 .

Investment Losses? We Can Help

Discuss your legal options with an attorney at The Law Offices of Robert Wayne Pearce, P.A.

Get A Free Consultation

or, give us a ring at (800) 732-2889.

What is Morgan Stanley?

Morgan Stanley (CRD# 8209) is a registered broker-dealer. It operates as a full-service independent broker-dealer, providing a range of financial products and services to individual investors and financial advisors.

As a registered broker-dealer, Morgan Stanley is subject to regulations and oversight by the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). It is required to comply with industry standards and regulations to ensure the protection of its clients’ interests.

A failure to comply with industry standards by either its brokers or the firm itself can result in disciplinary actions, fines, or other penalties imposed by regulatory authorities.

Morgan Stanley Has Many Different Regulatory Problems 

Morgan Stanley’ rapid growth has not been without consequences. There have been approximately 463 state and self-regulatory body disclosure events; that is, final and formal proceedings initiated by a regulatory authority (e.g., a state or federal securities agency like the U.S. Securities and Exchange Commission (SEC) or self-regulatory body like the Financial Industry Regulatory Authority (FINRA) for a violation(s) of investment-related rules or regulations. In addition, there have been hundreds of customer complaints filed against Morgan Stanley for misconduct by its securities sales and investment advisory representatives that are not reported by the firm on its Central Depository Record. 

We have reported and written about these regulatory problems and customer complaints over many years. Morgan Stanley is a repeat offender: there are over 463 FINRA-reported disciplinary proceedings citing the firm with one form of supervisory lapses or another.

A Brief Overview of Some of the Regulatory Problems Morgan Stanley Has Faced Over the Years*

Morgan Stanley has been repeatedly censured, warned, and fined multi-millions of dollars for its own misconduct and failure to supervise its army of financial advisors.* A few of the notable FINRA Sanctions for its Supervisory Failures are below:

FINRA Sanctions Morgan Stanley $13 Million in Fines and Restitution for Failing to Supervise Sales of UITs

Brief overview: Morgan Stanley Smith Barney LLC was fined $3.25 million by FINRA for its failure to supervise representatives’ short-term trades of unit investment trusts (UITs). Additionally, the firm was required to pay approximately $9.78 million in restitution to over 3,000 affected customers.

FINRA Fines Morgan Stanley $10 Million for AML Program and Supervisory Failures

Brief overview: Morgan Stanley Smith Barney LLC faced a $10 million fine from FINRA for AML program and supervisory failures spanning over five years.

Finra fines Morgan Stanley $325,000 over research errors

Brief overview: Morgan Stanley was censured and fined $325,000 by FINRA for publishing research reports that contained inaccurate historical stock ratings. The firm revised its software to comply with new European Union regulatory requirements, but the revisions led to errors in the research disclosures.

Morgan Stanley Advisor’s ‘Guaranteed’ Investment

Brief overview: Former financial advisor Elias Hafen allegedly defrauded 11 clients by soliciting investments in a fictitious “high-yield investment fund with guaranteed returns.” Instead of investing the clients’ money, Hafen purportedly used the funds for personal expenses, including luxury items and artwork. In 2020, Hafen was sentenced to 30 months in prison and ordered to pay $745,000 in restitution. Morgan Stanley settled with the victims, paying a $430,000 settlement in 2019.

Complaint: Morgan Stanley Broker Stole Millions in 12-Year Scheme

Brief overview: Former financial advisor Michael Barry Cotter allegedly stole over $6 million from customers over a period of 12 years. Cotter allegedly executed unauthorized transactions, forged customer signatures, and fabricated account statements to cover his tracks. He purportedly used the misappropriated funds for personal expenses, including mortgage payments and country club fees. In July 2020, Cotter pleaded guilty and was sentenced to five years in federal prison. He was also ordered to pay a judgment of at least $4.3 million. Morgan Stanley was charged by the SEC for failing to detect or prevent Cotter’s misconduct and was ordered to pay a penalty of $3.6 million.

Morgan Stanley Rep Spent Customer Funds on Private Jet, Country Club

Brief overview: Former advisor Barry Connell allegedly defrauded his clients of at least $5 million by making unauthorized transfers from their accounts. Connell allegedly used the funds for personal expenses, including a year’s rent for a house, country club membership fees, private jet expenses, and credit card bills. He was terminated from Morgan Stanley, pleaded guilty to various charges, and was sentenced to approximately 36 months. Morgan Stanley was charged by the SEC for failing to detect or prevent Connell’s misappropriation of customer funds and was ordered to pay a penalty of $3.6 million.

Why Does Morgan Stanley Have So Many Regulatory Problems And Customer Complaints?

Independent broker-dealers are notorious for their lax supervisory practices and procedures. The business model of these franchise type operations is to open many offices nationwide for steady growth of fixed monthly revenues without the costs attendant to a full-service branch office with on-site manager, compliance officer and operation personnel. The registered representatives of these independent broker-dealers generally operate as separately incorporated businesses. They are not employees of the broker-dealer and therefore not controlled in the same manner as full-service brokerage firm representatives. The registered representatives control their structure and costs to maximize profits and often leave the protection of investors’ rights and interests as their lowest priority.

The typical supervisory organization of independent broker-dealer operations is to have other independent contractors operate Offices of Supervisory Jurisdiction (OSJs) to monitor the registered representatives from geographically remote offices and then report to the main franchisor’s compliance office at national headquarters. The supervisors at the OSJs are not employees of the franchisor and often run their own brokerage, insurance and other businesses. They are not devoted full-time supervisors of the smaller branch offices. Consequently, OSJ managers cannot and do not supervise the day-to-day operations of the registered representatives of these Independent broker-dealers. 

Generally, there is no immediate review of new accounts opened, securities transactions, business records, cash or securities receipts and deliveries, correspondence and business activities unrelated to the securities brokerage operation at these independent brokerage firms. The lax supervision leaves investors who have transferred their accounts to the smaller independent broker-dealer vulnerable to sales of securities that have not been reviewed or authorized by anyone other than the sales representative earning a commission. There may be no one onsite to detect forgeries of clients’ signatures on documents, the placement of inaccurate information about a client’s investment objectives and financial condition to document the suitability of a particular investment recommendation. Oftentimes there is no daily review of sales literature and client correspondence to protect against misrepresentations and misleading statements being made to investors. In fact, it is not unusual for there to be only one compliance audit visit per year at many of these offices.

These Independent brokerage business operations are worrisome to the North American Securities Administrators Association (NASAA), which has documented more instances of sales abuse and consequently investor losses at these firms than the traditional brokerage firms with branch offices with on-site managers and compliance personnel.

Did Morgan Stanley Advisor Misconduct Cause You Investment Losses?

When financial advisor misconduct has caused you to lose substantial value to your investment accounts, you have the right to seek reimbursement from the responsible parties. Morgan Stanley is responsible like any employer for its financial advisors acts and omissions. In addition, it has an independent duty to supervise its stockbrokers and investment advisors. These cases can be extremely complex, and so having the support of a reputable attorney who is experienced in recovering investment losses for investors is key to your success. Many customers make the mistake of contacting Morgan Stanley without representation with an attorney about their complaints and have their complaints denied.

Related Read: Can You Sue Your Brokerage Firm?

Investment Losses? We Can Help

Discuss your legal options with an attorney at The Law Offices of Robert Wayne Pearce, P.A.

Get A Free Consultation

or, give us a ring at (800) 732-2889.

Consult With An Attorney Who Recovers Investment Losses Caused By Morgan Stanley Today!

The investment loss attorneys at The Law Offices of Robert Wayne Pearce, P.A., have helped countless investors over the last 45 years recover the losses from their investment accounts that were caused by broker negligence or misconduct. The firm has extensive experience with Morgan Stanley cases, and Attorney Pearce is committed to seeing that those responsible for the losses you have suffered are held fully accountable.

Give us a call at 800-732-2889 . Let’s discuss your case and see what we can do to help you get the compensation you need and deserve.

Robert Wayne Pearce

Robert Wayne Pearce of The Law Offices of Robert Wayne Pearce, P.A. has been a trial attorney for more than 45 years and has helped recover over $170 million dollars for his clients. During that time, he developed a well-respected and highly accomplished legal career representing investors and brokers in disputes with one another and the government and industry regulators. To speak with Attorney Pearce, call (800) 732-2889 or Contact Us online for a FREE INITIAL CONSULTATION with Attorney Pearce about your case.

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