Coleman Devlin

Morgan Stanley Fires Brokers over Inherited Account Credits Blake Ridenour Jazmin Gabriela Carpenter and others

November 20, 2020 | Dan Miller

cropped-High-Res-TA-2018-2019-284x300 Morgan Stanley terminated around ten brokers following a nationwide probe of alleged abuses in its inherited account program, according to lawyers, firm sources and former managers per advisor Hub. Miller Stern Lawyers – 410-Law-Firm is currently investigating clients of Morgan Stanley who are victims of, and suffered damages and losses, due to these abuses.

The investigation was prompted by complaints about underpayments from at least one retired broker who entered the Former Advisor Program (FAP), a so-called sunsetting plan that Morgan Stanley and other large firms have promoted heavily in an attempt to keep older brokers from joining other firms and taking clients with them.

according the the article, the programs allow older brokers to receive a split of fees and commissions paid by former clients for several years if the brokers let their practices lapse after they leave.

Stern v. Stifel – Excerpt from the Experts Examiner reading the post arbitration motions

September 29, 2020 | Dan Miller

Securities Experts Roundtable

The Expert’s Examiner

Stifel, Nicolaus & Co. v. Stern, No. 1:20-cv-00005 (D. Md. Mar. 31, 2020).

Wells Fargo Pays $550,000 for Failing to Supervise

September 1, 2020 | Dan Miller

Miller Stern Lawyers – 410-Law-Firm is currently investigating clients of Wells Fargo Advisors who are victims of, and suffered damages and losses, due to the failure to supervise. It has been reported that Wells Fargo Advisors has agreed to pay more than $550,000 in fines and restitution for failing to follow up on warnings it received about two now-barred California brokers who piled their customers into speculative energy stocks, according to FINRA. Miller Stern Lawyers recently won a $1.5 Million award against Stifel for similar actions of piling their customers into biotechnology and health care stocks.

According to FINRA, the firm failed to investigate trading across customer accounts managed by the brokers. Red flags were raised about overconcentration in the accounts of four customers in a single, low-priced energy stock (ranging from 35.2% to 87.0%), according to a consent letter signed on Thursday by Wells Fargo Advisors CEO Jim Hays.

According to Advisor Hub, Seventy customers of the former Irvine, Calif.-based brokers ultimately lost more than $10 million when energy stocks tanked in 2014 and 2015. The advisors recommended four stocks for three years through October 2015, representing a substantial portion of assets for many of the customers, according to the acceptance, waiver and consent letter.

Claimants Awarded More Than $1.5 Million Against Stifel in Failure-to-Supervise Arbitration

October 8, 2019 | Dan Miller

Miller Law Group – Miller Stern Lawyers, LLC successfully litigated against Stifel, Nicolaus & Company, Incorporated and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments and other securities violations. Blumberg was registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated.

A FINRA arbitration panel has ordered Stifel Nicolaus & Company, Incorporated to pay more than $1.5 million to four customers who claimed that their Financial Advisor, Kenneth Blumberg (CRD# 1585520) unsuitably concentrated their portfolios in biotechnology and healthcare stocks at levels exceeding 80%. It was further alleged that while the customers’ portfolios were profitable, Mr. Blumberg failed to protect gains in the account, which was a violation of his duties as a fiduciary, after which time the value in the accounts deteriorated by approximately $1 Million. The case against Stifel asserted that it failed to properly supervise Blumberg. In the Arbitration, the customers recovered 100% of their losses plus approximately $500,000 in consequential damages reflecting what the accounts would have gained from the time they withdrew from Stifel as customers through the date of the Arbitration had the gains been protected and suitably reinvested.

“The concentration risk and asset allocation defects associated with this investment strategy should have been ongoing ‘red flags’,” attorney Daniel J. Miller wrote in the Statement of Claim against Stifel and the broker that was obtained by AdvisorHub. “Yet, if they ever took notice, they failed to contact claimants and failed to take any corrective measures.”

Complaint against Stifel Nicolaus, Coleman Devlin and Kenneth Blumberg

May 7, 2019 | Dan Miller

Bull Bear Miller Trial Law is investigating and litigating against Stifel, Nicolaus & Company, Incorporated and former financial advisor Coleman Devlin (CRD# 2317635) and current financial advisor Kenneth Blumberg (CRD# 1585520) pertaining to a multitude of allegations including taking discretion in customer accounts without authority, over-concentration in sectors and individual securities, breach of fiduciary duty, unsuitable investments in options and unlisted securities and other securities violations. Both Devlin and Blumberg were registered with Stifel during the time of the events, located in the downtown Baltimore office of Stifel, Nicolaus & Company, Incorporated, before being terminated for, among other things, the issues complained of in this arbitration. Mr. Devlin was previously sanctioned and dismissed from Morgan Stanley for similar violations.

In 2003 Devlin was sanctioned with suspension and disgorgement by the NASD and in 2017, Devlin was suspended from FINRA and received a financial penalty. Mr. Devlin also entered into an agreement with the New Jersey regulators and in order to maintain his licensing, was subjected to heightened supervision which the current allegations allege did not address the concerns.

The current arbitration was filed in December 2017 alleging, among other things, breach of contract, selling away, professional negligence, breach of fiduciary duty, violation of Maryland Securities Act, violation of the Securities Exchange Act of 1934 and SEC Rule 10b-5, and negligent supervision. These investors are seeking over $20,000,000 in damages for investment losses.