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Ex-Morgan Stanley FA Must Pay Back Promissory Note

May 19, 2017

A Finra panel has ruled in favor of Morgan Stanley against a former broker, ordering him to repay the wirehouse $513,600 in promissory notes, AdvisorHub writes.

Michael Patrick Smith, who was at Morgan Stanley only five months, claimed that the wirehouse had lured him through fraud and misrepresentations, according to AdvisorHub.

Smith had been seeking $600,000 in damages from the firm and permission to keep two loans backed by promissory notes, according to the industry news site. But the Finra panel ordered Smith to pay back the loans as well as cover $108,304 of Morgan Stanley’s attorneys’ fees, AdvisorHub writes. Smith’s lawyer didn’t immediately respond to the website’s request for comment.

Smith joined Morgan Stanley June 21, 2013 and has a complaint dated less than three weeks later, according to his BrokerCheck profile.

The complaint, which sought $11,043 in damages over misrepresentations in the purchase of a security in August 2012, was denied. Smith left the wirehouse for Oppenheimer & Co. in November 2013, less than five months after joining Morgan Stanley. He left Oppenheimer about six months later too, according to his profile. Smith began his career in 2008 at GMS Group Inc., according to BrokerCheck.

Brokers rarely win counterclaims against their former firms without extensive documentation of what’s offered during recruiting, lawyers tell AdvisorHub.

A Morgan Stanley broker won a defamation suit against the wirehouse last summer, but was still ordered to pay back $1.26 million on two promissory notes. Nonetheless, net of fees and costs, Morgan Stanley owed that broker $2.44 million.

By Alex Padalka
  • To read the AdvisorHub article cited in this story, click here.