Couple in Morgan Stanley advisory account wins $519,000 arb case over unsuitable investments

Couple in Morgan Stanley advisory account wins $519,000 arb case over unsuitable investments
Plaintiff's lawyer says junk bonds, futures contracts and derivatives were inappropriate for his clients.
MAY 20, 2019

Finra arbitrators awarded $519,089 to a couple who claimed a Morgan Stanley broker recommended inappropriate complex investments. The three-person, all-public Financial Industry Regulatory Authority Inc. panel found in favor of Stephen R. Balok and his wife, Brenda, who alleged that they suffered losses in eight accounts between 2012 and 2015. They were placed in a Morgan Stanley investment advisory program, where they purchased junk bonds, ETFs based on derivatives and futures contracts and options contracts, according to the May 17 arbitration award. They alleged suitability violations and negligent supervision, among other charges. After being laid off from his job as head of facilities maintenance at Public Service Co. of New Mexico, Mr. Balok turned to a Morgan Stanley broker for help in managing his finances, according to his attorney, Clinton Marrs, owner of Marrs Griebel Law, in Albuquerque, N.M. It was the first time Mr. Balok, who was in his mid-50s, had ever used a financial adviser. The broker, Tim J. Prouty, enrolled the Baloks in Morgan Stanley's investment advisory program. The panel denied Morgan Stanley's request for expungement of the claim from Mr. Prouty's BrokerCheck record, which is the only disclosure on his record. Although Morgan Stanley touted its advisory program when the Baloks entered it, the firm asserted that the decisions to purchase the complex products were made by the couple. "Morgan Stanley wants to have its cake and eat it, too," Mr. Marrs said. "When the wheels come off, you want to repudiate the investment-advisory nature of the account. Now, all of the sudden, it is a de facto brokerage account." The Baloks account showed a gain for the years in question. But Mr. Marrs argued that it would have accumulated $519,089 more if it had been invested in index stock and bond funds. Morgan Stanley denied any wrongdoing. "The firm disagrees with the panel's decision and does not believe that the evidence supported the panel's award in this case," Morgan Stanley spokeswoman Susan Siering said in a statement. As part of its defense, the firm pointed to a long string of email messages between Mr. Balok and Mr. Prouty. It asserted that Mr. Balok was calling the shots in the account. But Mr. Marrs said Mr. Balok, who had no investment experience, simply repeated terms Mr. Prouty used without understanding them or the underlying advice. He went back to when the advisory account was opened in 2005 to make his point. "I had to show it was the customer echoing strategies brought to him by the adviser," Mr. Marrs said. He had to "contextualize the email traffic. You have to slow it down, break it down and tell the story."

Latest News

Treasury hits BofA with $1.2B fine over money laundering violations
Treasury hits BofA with $1.2B fine over money laundering violations

“Today’s actions send a clear message that even the biggest financial institutions are not above the law,” said Treasury Secretary Scott Bessent.

The hidden cost of growing a firm without intention
The hidden cost of growing a firm without intention

To build a truly self-sustaining practice, enterprising advisors have to start with a vision of what they want to be – and accept the realities that come with building toward it.

Waverly, Apella buy $412M in RIA assets across Oregon, Northeast
Waverly, Apella buy $412M in RIA assets across Oregon, Northeast

Serial acquirers add a 35-year-old Oregon wealth manager and a New York practice focused on women navigating life transitions.

&Partners taps two UBS leaders to run its private wealth business
&Partners taps two UBS leaders to run its private wealth business

Mara Glassel and Julie Fox will co-lead the fast-growing hybrid RIA’s ultra-high-net-worth and private wealth businesses.

Citi sees Q3 profit jump as wealth unit books record $38B in net new assets
Citi sees Q3 profit jump as wealth unit books record $38B in net new assets

The banking giant's wealth arm extends its revenue streak as it pushes to exit consent orders weighing on growth since 2020.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor