Month: May 2020

Hanley Law Files FINRA Arbitration Against Morgan Stanley Smith Barney

Posted by finralawyer on May 22, 2020 with 0 Comment

Hanley Law recently filed a FINRA arbitration claim alleging that Morgan Stanley (CRD No.: 149777) refused to distribute a deceased client’s IRA directly to her beneficiaries because Morgan Stanley determined that the beneficiary designation for the IRAs was invalid under applicable Treasury rulings. The trustees to the estate allege that the new account form with the invalid beneficiary designation was prepared by Morgan Stanley and approved by Morgan Stanley’s compliance personnel over a decade earlier. Claimants further allege that no one at Morgan Stanley raised any objection to the way the new account form was completed regarding the invalid beneficiary designations during the previous 13 years. Claimants allege that the deceased client relied on Morgan Stanley to manage the funds in her IRA accounts, and also to assure that upon her death the funds would be distributed in accordance to her wishes.

Ultimately, the IRAs were distributed to the Estate because, as a result of the invalid beneficiary designation, the funds were payable to the Estate pursuant to the Internal Revenue Code and applicable Treasury rulings, and the Estate was forced to pay substantial taxes. Claimants allege that unfortunately, because of the violation of the Internal Revenue Code by Morgan Stanley when completing and approving the client’s Individual Retirement Account Applications, the Estate was forced to pay substantial inheritance taxes. Claimants allege that it is beyond unconscionable that Morgan Stanley raised the issue with the beneficiary designations on the Individual Retirement Account forms almost immediately upon request for the distribution of the accounts, but had remained silent during the 13 years after the client signed the form. Claimants allege that Morgan Stanley had a duty to review and correct the Individual Retirement Account forms at the time the client opened her Morgan Stanley IRA accounts, and/or at some point thereafter prior to her death, and they failed to meet their obligation to their client which resulted in needless losses.

BROKER DEALERS MUST ACT IN THE CUSTOMER’S BEST INTERESTS

FINRA’s guidance to its members makes the members obligations to its customers unequivocal: FINRA members must act in their customer’s best interests; not the best interest of the firm.

It is well-settled that a “broker’s recommendations must be consistent with his customer’s best interests” and are “not suitable merely because the customer acquiesces in [them].” Dane S. Faber, Securities Exchange Act Release No. 49216, 2004 SEC LEXIS 277, at *23-24 (February 10, 2004); see also Dep’t of Enforcement v. Bendetsen, No. C01020025, 2004 NASD Discip. LEXIS 13, at *12 (NAC August 9, 2004) (“[A] broker’s recommendations must serve his client’s best interests and the test for whether a broker’s recommendations are suitable is not whether the client acquiesced in them, but whether the broker’s recommendations were consistent with the client’s financial situation and needs”). In the instant FINRA Arbitration claim, Claimants allege that Morgan Stanley failed to act in the best interest of their client, and because of this failure, Claimant’s estate was damaged when it was forced to pay substantial federal and state estate taxes.

HANLEY LAW

Hanley law represents individual investors nationwide with significant losses in their portfolios, retirement plans or investment accounts. Hanley Law is dedicated to assisting investors to recover losses suffered by unsuitability, over-concentration, fraud, misrepresentation, self-dealing, unauthorized trades or other wrongful acts, whether intentional or negligent. Hanley Law represents clients nationwide in cases against the major Wall Street broker dealers, including Morgan Stanley Smith Barney.

If you have suffered investment losses as a result of your broker’s or brokerage firm’s misconduct, contact Hanley Law to discuss your legal options. Contact Hanley Law at (239)649-0050 or contact us through our Website to arrange a free confidential consultation with an attorney to discuss your experiences with your stock broker which resulted in investment losses.

Hanley Law Files FINRA Arbitration Involving broker Ronald Radner Former Registered Representative at the Delray Beach Florida Branch of Edward Jones

Posted by finralawyer on May 20, 2020 with 0 Comment

Hanley Law recently filed a FINRA arbitration claim alleging that Ronald Radner a broker formerly registered with Edward Jones solicited an elderly client into transferring his investment portfolio to his care after Radner hosted a “free lunch” seminar at a local deli. The client alleges that Ronald Radner convinced him to surrender his American National annuity and to allow Ronald Radner to manage the funds from the surrendered annuity. The client alleges that Ronald Radner convinced him that he could earn a greater rate of return on the funds, and therefore would be able to provide him with additional growth and income through retirement.

The client alleges that because of the recommendation of Ronald Radner and Edward Jones he incurred a large surrender charge, and also lost his substantial death benefit of nearly $400,000 when Mr. Radner surrendered his American National Annuity. Furthermore, the client alleges that he incurred a large tax consequence because of Ronald Radner’s and Edward Jones’ recommendation that he surrender his American National annuity. Additionally, the client alleges that he lost significant principal on the investments Ronald Radner purchased with his annuity proceeds.

The Boynton Beach, Florida retiree client alleges that Edward Jones violated industry rules, including but not limited to FINRA’s customer suitability standard (Rule 2310) as well as FINRA rules 3010 and 2110. The client further alleges that Edward Jones violated its duty of care and was negligent and that Edward Jones breached the contract it entered into with its client. The client alleges that Edward Jones also breached the fiduciary duty that a securities firm and its employees/agents owe to their clients. The client alleges that Edward Jones’ misconduct constitutes common law fraud. Moreover, the client alleges that the accounts at issue were handled negligently and Edward Jones was negligent in their hiring, retention, and supervision of their employees.

According to FINRA’s Brokercheck, Ronald Radner was registered with the securities industry for 9 years, and was registered with the following firm(s) and has multiple customer complaints:

Raymond James Financial Services, Inc.
CRD 6694
Delray Beach, FL
3/29/2019 – present

Edward Jones
CRD 250
Delray Beach, FL
9/30/2011 – 4/1/2019

Morgan Stanley Smith Barney
CRD 149777
Delray Beach, FL
10/4/2010 – 9/7/2011

HANLEY LAW

Hanley Law Files FINRA Arbitration Involving broker William “Bill” Collins Registered Representative of Morgan Stanley Smith Barney

Posted by finralawyer on May 15, 2020 with 0 Comment

Hanley Law recently filed a FINRA arbitration claim alleging that William “Bill” Collins a broker with Morgan Stanley Smith Barney mislead his retired client into believing that he was not charging her any commissions or fees because he was managing her account as a favor to her. Meanwhile, the client alleges that Bill Collins recommended and purchased unsuitable investments in her accounts, improperly increased her lines of credit and acted negligently when handling her account. The retired client residing in Naples, Florida trusted Bill Collins implicitly to her detriment. The retired investor client alleges that Bill Collins redeemed a treasury note in her IRA account and used the proceeds to by speculative and high-risk investments without authorization. The client also alleges that Bill Collins sold suitable and low risk equities in her account and used the proceeds to buy speculative and high-risk equities without her authorization which lead her to suffer devastating principal losses. Specifically, the client alleges that Bill Collins purchased the Chinese coffee company Luckin in her accounts and that shortly after his purchase of Luckin Coffee, the stock’s trading halted on reports of fraud. The company is facing various class action lawsuits and bankruptcy is looming. The investor client’s large investment in Luckin Coffee is now essentially worthless. Lastly, the investor client alleges that when the market became increasingly volatile in March 2020 due to growing concerns of the coronavirus, Bill Collins refused her requests to provide her financial guidance or to discuss her concerns over her line of credit and her diminishing account value.

The Naples, Florida retiree alleges that Morgan Stanley violated industry rules, including but not limited to FINRA’s customer suitability standard (Rule 2310) as well as FINRA rules 3010 and 2110. The client further alleges that Morgan Stanley violated its duty of care and was negligent and that Morgan Stanley breached the contract it entered into with its client. The retired client alleges that Morgan Stanley also breached the fiduciary duty that a securities firm and its employees/agents owe to their clients. The client alleges that Morgan Stanley’s misconduct constitutes common law fraud and that Morgan Stanley violated Florida Statute § 517. Moreover, the client alleges that the accounts at issue were handled negligently and Morgan Stanley was negligent in their hiring, retention, and supervision of their employees.

According to FINRA’s Brokercheck, William “Bill” Collins was registered with the securities industry for 23 years, was registered with the following firm(s) and has multiple customer complaints:

Morgan Stanley
CRD 149777
34901 Woodward Ave.
Suite 300
Birmingham, MI 48009
5/28/2010 to present

Wells Fargo Advisors, LLC
CRD 19616
Troy, MI
01/01/2008 – 06/01/2010

A.G. Edwards & Sons, Inc.
CRD 4
Troy, MI
09/16/1996 – 01/03/2008

HANLEY LAW

If you have suffered investment losses as a result of your broker’s or brokerage firm’s misconduct, contact Hanley Law to discuss your legal options. Contact Hanley Law at (239)649-0050 or contact us through our Website to arrange a free confidential consultation with an attorney to discuss your experiences with your stock broker which resulted in investment losses.