December 27, 2010
--- A 401(k) participant claimed Morgan Stanley caused significant
losses to his account after his request to move money out of the stock market was not acted upon. ---
The Financial Industry Regulatory Authority
(FINRA) awarded Robert Bryant $80,504, as well as
$1,500 in costs and $26,566 in lawyers’ fees. The awards were levied
against Morgan Stanley, which managed the 401(k) plan for Bryant’s
employer; broker James Miller was not named in the claim.
According to the FINRA document, Bryant accused Miller of
rebuffing his “concerns” that the stock market was too risky for his
401(k) assets and that the best move was to transfer assets into cash
holdings. Miller argued that Bryant should stay in the stock market.
Morgan Stanley was liable for not effectively supervising Miller,
Bryant charged.
Among other things, Morgan Stanley argued that Bryant’s losses
were his own fault and that the company was not negligent in
its dealings with Bryant.
The FINRA document is at http://finraawardsonline.finra.org/turing.aspx?doc=44949.
Fred Schneyer