Morgan Stanley hit with $5 million penalty for misleading clients in wrap account program

Morgan Stanley hit with $5 million penalty for misleading clients in wrap account program
The SEC charged the wirehouse with not fully disclosing fees for five years
MAY 12, 2020

Morgan Stanley Smith Barney is paying $5 million to investors harmed by misleading information provided through the firm’s retail wrap fee programs.

According a Securities and Exchange Commission order issued Tuesday morning, Morgan Stanley marketed its wrap fee accounts as offering clients professional investment advice, trade execution and other services within a “transparent” fee structure.

For at least five years through June 2017, some of the wirehouse’s marketing and client communications gave the impression that wrap fee clients were not likely to incur additional trade execution costs.

However, during that period, the SEC found that Morgan Stanley managers routinely directed wrap fee clients’ trades to third-party broker-dealers for execution, which in some instances resulted in the clients paying additional transaction fees that were not transparent.

The SEC found that as a result of the firm's actions, some clients were “unable to assess the value of the services received in exchange for the wrap fee paid.”

“Investment advisers are obligated to fully inform their clients about the fees that clients will pay in exchange for services,” said Melissa R. Hodgman, associate director in the SEC’s Division of Enforcement.

“We are pleased to have resolved this matter and have corrected these historical issues,” said a Morgan Stanley spokesperson.

Adam Gana, a securities attorney who is not involved in this case, said the penalty could be the tip of the iceberg for wrap fee accounts at brokerage firms and should stand out as a warning to advisers selling those programs to investors.

“Investment advisers must disclose their fees, period,” he said. “And if they’re not disclosing fees in a transparent, easy-to-understand way, they need to be looking out for the SEC.”

Latest News

Edward Jones facing more race bias claims in new lawsuit
Edward Jones facing more race bias claims in new lawsuit

A private partnership, Edward Jones is a giant in the retail brokerage industry with more than 20,000 financial advisors.

Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team
Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team

Meanwhile, Raymond James and Tritonpoint Partners separately welcomed father-son teams, including a breakaway from UBS in Missouri.

SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures
SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures

Paul Atkins has asked staff to solicit public comment on novel ETFs, pausing the clock on as many as 24 filings linked to the booming event contracts market.

Private capital's $1 trillion bet on the American retirement account
Private capital's $1 trillion bet on the American retirement account

From 401(k)s to retail funds, Deloitte sees private equity and credit crossing into mainstream investing on two fronts at once.

Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May
Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May

Big-name defections from Morgan Stanley, UBS, and Merrill Lynch headline a busy two weeks of recruiting for the wirehouse.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management