Category Archives: Morgan Stanley Smith Barney

Richard T. Lucker-Former Morgan Stanley Broker-Discloses $14M Customer Dispute-El Paso, TX

April 2017-El Paso, Texas

The FINRA records of  Richard T. Lucker ,  a  stockbroker who is currently  employed by  Wells Fargo Clearing Services  disclose a pending dispute in which a customer seeks damages in excess of $14 million.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In currently pending FINRA Case 17-0311 , a customer of Lucker’s former employer Morgan Stanley Smith Barney alleges damages of between $14,447,501 for failure to supervise with the management of her account.

Lucker , regional manager at Wells Fargo Advisors, has been employed by Wells Fargo since 3/2014. Prior to that he was registered with Morgan Stanley from 6/2009-2/2014. He previously resided in Tucson, AZ, Billings, MT, and Bellevue, WA.

 

If you have losses in an account in an account handled by Richard T. Lucker  , you may be able to recover damages through FINRA arbitration.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Rick Davidson-Former Morgan Stanley Broker-Discloses $1M Customer Dispute

October 2016-New York

The FINRA records of  Rick A. Davidson,  a  stockbroker who is currently employed by  Jefferies LLC  disclose 3 prior customer disputes that that are final , one pending customer dispute and a separation from employment after allegations.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In July 2012, a customer of Davidson’s prior employer Morgan Stanley Smith Barney was paid a settlement of $101,787 to resolve allegations that Davidson engaged in unauthorized transactions beginning in 2010.

In currently pending FINRA arbitration #16-02283, a customer of Davidson while he was employed by Morgan Stanley Smith Barney alleges damages of $1,000,000 for unsuitable recommendations from January 2013-March 2016.

Davidson’s employment with Morgan Stanley was terminated in May 2016 when he voluntarily resigned. Morgan Stanley makes the following allegation in connection with the termination: “Allegations relating to registered representative’s exercise of discretion in clients’ accounts as well as receipt of a loan from a Morgan Stanley employee.”

Davidson was employed by Morgan Stanley from 6/2009-6/2016. He has been employed by Jefferies LLC since 5/2016, according to FINRA records.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Charles J. Lawrence-Former Morgan Stanley Broker-Discloses Discharge From Employment

September 2016-Palm Harbor, Florida

The FINRA records of  Charles J. Lawrence,  a  stockbroker who currently is employed by  R. F. Lafferty & Co.  disclose a recent employment separation after allegations.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In March 2016, Lawrence was discharged from Morgan Stanley who made the following allegations on his FINRA record: “Allegations involving adherence to industry rules and/or firm policy regarding use of trading discretion.”

Lawrence  was registered with Morgan Stanley from 6/2009-4/2016. He has been registered with R.F. Lafferty since 4/2016.

What is Discretionary Authority ?

 In this context, it means that the broker makes trades in the customer’s account without first consulting the customer. It means that the broker can decide how much of a security to buy or sell, and at what price, without customer input. Generally discretionary trading in an investor account is only allowed if the investor has authorized the broker to do so in writing and the brokerage firm has approved the account for discretionary trading.

If a broker makes trades in an account without having discretionary authority and without first consulting with the customer, that is generally considered to be an unauthorized trade and the customer may be entitled to damages for any losses.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Mark S. Garfinkel-Oppenheimer Broker, Boca Raton-Discloses Customer Disputes and Bankruptcy Filing

August  2016-Boca Raton, Florida

The FINRA records of Mark S. Garfinkel ,  a  stock broker who is currently employed  by Oppenheimer & Co.  , disclose  five prior  customer disputes and and one financial event.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

Garfinkel’s prior customer disputes include:

  • New York Stock Exchange Case#2002-010633-In which a customer of Garfinkel’s prior employer, Morgan Stanley, alleged damages of $435,000 for common law and statutory securities violations. That case was settled for $95,000.

Garfinkel discloses the filing of a Chapter 7 personal bankruptcy proceeding in 9/2010 in U.S. Bankruptcy Court Southern District of Florida.

Garfinkel has been employed by Oppenheimer & Co. at 4855 Technology Way, Suite 400,  Boca Raton, FL, since 11/2013.   Garfinkel’s  prior employment includes:

  • Raymond James, Jupiter, FL                     2/2013-11/2013
  • Morgan Keegan, Jupiter, FL                      8/2010-2/2013
  • Morgan Stanley SB, Boca Raton             6/2009-8/2010
  • Citigroup Global Mkt, Boca                       4/2005-6/2009

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

William H. Smathers-NEXT Financial Group Broker-Discloses Prior Customer Disputes

August  2016-The Villages, Florida

The FINRA records of William H. Smathers ,  a  stock broker who is currently employed by NEXT Financial Group , disclose 9 prior final customer disputes.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

The prior customer disputes include three that were settled:

  • NASD Case 4-07644 in which a customer of Smather’s former employer, Morgan Stanley DW, alleged damages of $309,000 for common law and statutory violations. That case was settled for $462,000.
  • NASD Case 3-02611 in which a customer of Morgan Stanley Dean Witter alleged damages of $90,000 for common law and statutory violations. That case was settled for $30,000.
  • A case brought in 2001 a Morgan Stanley customer alleged damages of $800,000 for unsuitable trades, unauthorized trades and excessive use of margin. That case was settled for $200,000.

Smathers has been employed by NEXT Financial Group since 9/2013. His prior employment includes Capital Guardian, Sagepoint Financial, SunAmerica Securities and Morgan Stanley Dean Witter.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Andrew Todd Yocum Victims File Arbitration Against Morgan Stanley-The Villages, Florida

July 2016-The Villages Florida

Rex Securities Law recently filed a FINRA arbitration claim against Morgan Stanley alleging that they failed to properly supervise their former broker Andrew Todd Yocum, permitting him to mismanage  the brokerage account of a retired couple from Central Florida. The couple is alleging losses of between $100,000 and $499,000.

Andrew Yocum was employed by Morgan Stanley and worked in their office located at 832 Lake Sumter Landing, The Villages, Florida, until he was discharged for “Allegations concerning acting on verbal discretion” according to FINRA records.

Yocum was barred from the securities industry by FINRA in May 2016. There are numerous customer disputes currently pending by former clients of Andrew Yocum. See this for more on Yocum. 

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. Customers of broker dealers who have a dispute, such as a claim for account losses , are entitled to file an arbitration proceeding against the firm and/or the broker to recover damages.

We are currently evaluating potential cases for former clients of Todd Yocum.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870

Matthew T. Flynn-L.M. Kohn Broker-Discloses Customer Dispute Over REIT Investment

July 2016- Troy, Michigan

The FINRA records of Matthew T. Flynn  , a stock broker employed by L.M. Kohn & Company, disclose  a pending customer arbitration, a prior final financial disclosure and a prior termination.

The Financial Industry Regulatory Authority (FINRA) is the agency that licenses and regulates stockbrokers and brokerage firms. FINRA requires brokers and brokerage firms to report customer complaints and disputes as well as regulatory sanctions. In addition brokers are required to disclose certain financial matters such as personal bankruptcies, judgments and liens.

In FINRA Case 13-003391 , a customer while Flynn was employed by WRP Investments alleges damages of $275,000 for the sale of non publicly traded real estate investments trusts (REIT) that were not suitable.

In 9/2014 Flynn was discharged from Fifth Third Securities who made the following allegation on Flynn’s FINRA record: “The firm terminated the registered representative as a result of an examination which found the registered representative violated firm policies and procedure, including but not limited to, the alteration of a client document.”

Flynn made the following statement in response: “I effectuated the urgent request of a very elderly client who expressed a need to quickly settle his affairs for a surviving spouse. I completed a signature line that the client inadvertently overlooked among dozens of other signatures the client had signed the same forms multiple times to open multiple accounts and overlooked a signature line. I have not previously completed the signature for a client in over 22 years working in the securities industry and only did so because of the unique urgency expressed by the this client.”

Flynn reports discharge from Chapter 7 bankruptcy proceedings in the Eastern District of Michigan in 12/2011.

Osborn has been employed by L.M. Kohn since 10/2014. Prior to that he was employed by FIfth Third Securities from 10/2012-10/2014. Before that he was employed by Morgan Stanley and WRP Investments.

If you have losses in an account handled by Matthew T. Flynn, you may be able to collect damages from his former employer.

Rex Securities Law , with offices in Boca Raton, FL,  and  Austin, TX,   provides representation to  investors  nationwide who are seeking recovery of investment losses due to the negligence or fraud of stockbrokers and broker dealers. If you have questions about how your account has been handled, call to speak with an experienced securities attorney.

Most cases handled on a contingent fee basis meaning that you do not pay legal fees unless we are successful.

Nationwide Representation

Rex Securities Law

TollFree: 877-224-3199

Florida-561 391 1900 

Texas-512-329-2870