A Transition Gone Bad-Don’t be Penny Wise and Dollar Foolish-In Not Retaining Counsel

Posted on February 5th, 2018 at 1:54 PM
A Transition Gone Bad-Don’t be Penny Wise and Dollar Foolish-In Not Retaining Counsel

From the Desk of Jim Eccleston at Eccleston Law LLC:

Error upon error turned a recent transition into a disaster. Earlier this month, the Massachusetts Securities Division issued a consent order against a former Morgan Stanley broker, located in Norwell, Massachusetts, which unfortunately places conditions on the rep’s registration as a broker in Massachusetts.

Worse, the Massachusetts consent order was issued as a result of a FINRA regulatory action against the advisor. The rep entered into an Acceptance, Waiver and Consent (“an AWC”) with FINRA by which he was fined $5,000 and suspended for 20 days for allegedly altering customer information shortly before he was terminated from Morgan Stanley.  Specifically, this 20-year industry veteran had changed the telephone numbers and email addresses of four customers in Morgan Stanley’s database system in order to impede the firm’s ability to contact the customers before he could contact them.

While the rep initially was able to retain employment at Wells Fargo Advisors, the firm terminated him a short time later because of these events.

As one can see, there are significant risks facing brokers who attempt bring customers over to their new firm while transitioning. This sad tale underscores the need for advisors to retain competent securities counsel to plan a successful transition. The attorneys at Eccleston Law assist advisors nationwide. Please call us at 312.332.0000 for a free consultation.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial advisors including Broker Litigation & ArbitrationStrategic Consulting ServicesRegulatory  MattersTransition Contract Review, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

April 25, 2024
B. Riley Financial Clears Air Amid Allegations, Stock Surges

Amidst swirling speculation regarding its connections with a client linked to the Prophecy Asset Management collapse, B. Riley Financial Inc. has conducted an internal
review, concluding no affiliations with the defunct hedge fund.

April 24, 2024
RIA Insurance Claims Skyrocket

A recent analysis by Golsan Scruggs reveals a staggering 231 percent increase in errors-and-omissions (E&O) liability claims among registered investment advisor (RIA)
insurers.

April 23, 2024
Surge Predicted in Regulation Best Interest Cases

According to a recent analysis, Reg BI-related actions quickly have ascended to the top five issues for FINRA, with fines totaling $6 million in 2023.