Galvin slaps Morgan Stanley with censure, $200,000 fine over ex-broker's churning

State regulators say the firm did not adequately monitor Justin Amaral's trades.
OCT 30, 2019
Secretary of the Commonwealth of Massachusetts William Galvin has censured Morgan Stanley and ordered the firm to pay a $200,000 administrative fine and provide $182,000 in restitution to four investors in the state who lost money due to Morgan Stanley's failure to supervise one of its brokers, the state's securities division said in a release. [More: Morgan Stanley adding 401(k) participant services to boost wealth business] According to state regulators, former Morgan Stanley broker Justin E. Amaral of Boston repeatedly engaged in churning of certain investor accounts. It said that most alerts on Mr. Amaral's accounts were closed out after he stated that the excessive trades were the result of poor performance in the market or account rebalancing, which securities regulators said show that the firm's supervisors failed in their duty to monitor the broker's trading activity. [Recommended video:Social Security COLA not great news for 2020, says Mary Beth Franklin] According to the consent order, Morgan Stanley did not open an investigation into Mr. Amaral's activities until a customer's accountant filed a complaint in April 2014 after discovering that Mr. Amaral was designated as the executor of the customer's estate and as a beneficiary in the customer' will. Mr. Amaral had not disclosed the relationship to Morgan Stanley, and the firm discharged him in May 2014. The firm's investigation uncovered several issues relating to the broker's trading activities. Several clients filed complaints against Mr. Amaral for excessive trading, which Morgan Stanley resolved on a case-by-case basis. Register today for our Future of Financial Advice event on Nov. 20.

Latest News

Fintech bytes: Envestnet reaffirms $1B RIA commitment with Tamarac tech investment
Fintech bytes: Envestnet reaffirms $1B RIA commitment with Tamarac tech investment

Also, Orion has added BlackRock, Fidelity, and Vanguard to its custom portfolios suite, and RedBlack has set up a new headquarters after crossing a trillion-dollar milestone.

RIA moves: Maridea acquires multigenerational practice in Pennsylvania debut
RIA moves: Maridea acquires multigenerational practice in Pennsylvania debut

Also, New York-based Legacy Edge Advisors names its first-ever CEO, while Novare Capital Management hires a Vanguard veteran with a multigenerational planning focus.

Private equity eyes 401(k) plans, but fees remain a hurdle
Private equity eyes 401(k) plans, but fees remain a hurdle

Asset managers are racing to bring private market products to retirement plans, but cost and liquidity concerns linger.

IRS floats proposal ending tax breaks for schools that weigh race
IRS floats proposal ending tax breaks for schools that weigh race

Treasury's latest tax-exemption crackdown on private schools lands in the wake of a separate push to restrict refundable credits for some immigrant filers.

Trust over tech:  The hidden signal of stock success in the AI era
Trust over tech: The hidden signal of stock success in the AI era

Workforce trust measures predicted which companies came out ahead during COVID-19. The same dynamic may now be playing out across the AI transition — and the data suggests the spread could be just as wide.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income