Morgan Stanley Ordered to Pay $11.7 Million Over Unauthorized Covered Call Strategy

Posted on December 13th, 2022 at 3:16 PM
Morgan Stanley Ordered to Pay $11.7 Million Over Unauthorized Covered Call Strategy

From the Desk of Jim Eccleston at Eccleston Law.

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Morgan Stanley to pay a former client $11.7 million over an allegedly unauthorized call options strategy.

The arbitration award includes $11.5 million in compensatory damages as well as $158,000 in costs, according to the award. The former client filed his arbitration claim in August 2021 alleging that the firm failed to supervise sales of covered calls on large technology holding companies, including Nvidia Corp., Tesla Motors, Apple, Salesforce, and Microsoft Corp. Nowak initially sought tens of millions in damages constituting “lost opportunity” or foregone gains after the shares were called away between 2018 and 2021.

The firm “strongly disagrees with the award” and is evaluating its options, including whether it could ask the court to overturn the decision, according to a Morgan Stanley spokesperson. The advisor, Craig Thistlethwaite, was an unnamed party in the arbitration and the arbitration panel denied Morgan Stanley’s request for expungement of the matter from Thistlethwaite’s record. Nowak additionally pursued sanctions against Morgan Stanley for allegedly failing to preserve evidence as it did not keep text messages between Nowak and Thistlethwaite. The firm’s defense, that the messages were on personal phones because Nowak and Thistlethwaite were “close friends”, apparently fell on deaf ears as securities rules and regulations nonetheless require firms to adopt supervisory systems to monitor, detect and prevent such communications.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, advisors, law, morgan stanley, finra

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

December 3, 2024
Wells Fargo Terminates Advisor Over $60 Personal Expense

Wells Fargo Advisors recently terminated Charles J. Kraft, a 30-year industry veteran, over a $60 expense account infraction.

November 27, 2024
Class Action Suits Target Major Banks Over Cash Sweep Programs

Wells Fargo, Merrill Lynch, and Morgan Stanley face class action lawsuits alleging they exploited cash sweep programs to generate “massive revenue” at clients' expense.

November 26, 2024
Arizona Revokes Advisor's License for Misrepresenting High-Risk GPB Capital Investments

The Arizona Corporation Commission has revoked the license of Scottsdale-based investment advisor representative Luke M. Johnson, who sold over $10 million in high-risk private placements by GPB Capital Holdings.