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

LPL building out alts, banking services to chase wirehouse advisors, new CEO says
LPL building out alts, banking services to chase wirehouse advisors, new CEO says

New chief executive Rich Steinmeier replaced Dan Arnold on October 1.

Franklin Templeton CEO vows to "do what's right" amid record outflows
Franklin Templeton CEO vows to "do what's right" amid record outflows

The global firm is navigating a crisis of confidence as an SEC and DOJ probe into its Western Asset Management business sparked a historic $37B exodus.

For asset managers, easy experience is key to winning advisors' businesses
For asset managers, easy experience is key to winning advisors' businesses

Beyond returns, asset managers have to elevate their relationship with digital applications and a multichannel strategy, says JD Power.

Why retaining HNW clients ultimately comes down to one basic thing
Why retaining HNW clients ultimately comes down to one basic thing

New survey finds varied levels of loyalty to advisors by generation.

Stocks drop as investors digest Microsoft, Meta earnings
Stocks drop as investors digest Microsoft, Meta earnings

Busy day for results, key data give markets concerns.

SPONSORED Out with the old and in with the new: a 50% private markets portfolio

A great man died recently, but this did not make headlines. In fact, it barely even made the news. Maybe it’s because many have already mourned the departure of his greatest legacy: the 60/40 portfolio.

SPONSORED Destiny Wealth Partners: RIA Team of the Year shares keys to success

Discover the award-winning strategies behind Destiny Wealth Partners' client-centric approach.